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1995-04-24 CITY COUNCIL REGULAR MEETING MINUTESv MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 24, 1995, AT 7:30 P. M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order at 7:40 p. m., with the following present: Mayor Pro Tem/Councilmember David Smith Councilmember D. A. Miller Councilmember Richard Tetens Councilmember Jerry Richardson Councilmember Randy Weber City Manager Paul Grohman City Attorney Amy McCullough Interim City Secretary Tommie Jean Vial Others in attendance: Assistant City Manager Richard Burdine, City Engineer John Hargrove, and Police Chief Mike Hogg. Absent from the meeting: Assistant City Manager Glen Erwin. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Tetens. The Pledge of Allegiance was led by Councilmember Miller. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Richardson, that the minutes.of the Joint Public Hearing of April 10, 1995, be approved as presented. Motion passed 5 to 0. It was moved by Councilmember Tetens, seconded by Councilmember Richardson, that the minutes of the Regular Meeting of April'10, 1995, be approved as presented. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT A proclamation was issued by Mayor Pro Tem Smith, with assistance by Police Chief Mike Hogg, proclaiming April, 1995 as Child Abuse Prevention Month in Pearland. Ms. Mary Lee Miller accepted the proclamation on behalf of the Brazoria County Commissioner's Court. Mayor Pro Tem Smith stated this meeting would be his last regular meeting before leaving the office as a City Councilmember and requested Council to take future action on the following items: 1) to create an access road from Harkey Road to McLean Road, between County Road 101 and FM518; 2) also, to create an access road from Hatfield to O'Day Road, between FM518 and Brookside; and 3) to see "Pearland" spelled with two words, "Pear Land". The first two items proposed are to assist those personnel in responding to emergencies, i.e., E.M.S., Police Department and Fire. In regard to the spelling of Pearland, Mr. Smith informed the original documents of the City indicate the correct spelling to be two words. COUNCIL ACTIVITY REPORTS Councilmember Richardson did not report. Councilmember Weber reported on his attendance to the Brazoria County Cities Association meeting on Wednesday, April 19, 1995. Councilmember Tetens reported also on his attendance to B.C.C.A. and to the Annual Clean Pearland Banquet on Friday, April 21. Councilmember Miller, likewise, attended Brazoria County Cities Association on April 19. CITY MANAGER'S REPORT City Manager Paul Grohman advised that Moody's has upgraded our bond rating from a Baa 1 to an A, the same that Standard & Poor's did two weeks ago. This is a big step forward, resulting in great interest rates that we obtained in the selling of our Certificates of Obligation. CITIZENS 1. Ed Myers, 906 Boundary Court, Pearland, Texas. Mr. Myers thanked the Council and the City Manager for their efforts in pursuing the Clover Field Airport Studies by their recent trip to Washington D.C. DOCKETED PUBLIC HEARINGS: NONE UNFINISHED BUSINESS: ORDINANCE NO. 450-17, AN ORDINANCE AMENDING ORDINANCE NO. 450 FOR ESTABLISHING AND REESTABLISHING CLASSIFICATIONS AND NUMBER OF AUTHORIZED POSITIONS IN THE CLASSIFIED SERVICE OF THE CITY Ordinance No. 450-17 read in caption by Councilmember Richardson (second reading). r It was moved by Councilmember Richardson, seconded by Councilmember Tetens, that Ordinance No. 450-17 be passed and approved on second and final reading. Said Ordinance No. 450-17 reads in caption as follows: ORDINANCE NO. 450-17 r 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 143.021 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 Miller, Tetens, Smith, Weber, and Richardson. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS: ORDINANCE NO. 509-62, AN ORDINANCE AMENDING THE LAND USE ORDINANCE FOR PURPOSE OF CHANGING CLASSIFICATION OF PROPERTY ON HALIK ROAD FROM COMMERCIAL DISTRICT (C) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT REQUEST OF ROBERT I. ELLIS, JR., OWNER Ordinance No. 509-62 read in caption by Councilmember Weber (first reading). It was moved by Councilmember Weber, seconded by Councilmember Richardson, to approve Ordinance No. 509-62 on first reading. I 10 It was noted that the Planning and Zoning Commission had approved this request for a change in the zoning classification. Said Ordinance No. 509-62 reads in caption as follows: NO. 509-62 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 ON HALIK ROAD FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF ROBERT I. ELLIS, JR., OWNER; PROVIDING FOR AN AMENDMENT OF 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 Richardson, Weber, Tetens, Miller, and Smith. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 689, AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF PEARLAND CERTIFICATES OF OBLIGATION, SERIES 1995; AWARDING THE SALE THEREOF; AND DECLARING AN EMERGENCY Ordinance No. 689 read in caption by Councilmember Tetens (first and only reading). It was moved by Councilmember Tetens, seconded by Councilmember Richardson, that Ordinance No. 689 be approved on first and only reading. Said Ordinance No. 689 reads in caption as follows: NO. 689 AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF PEARLAND, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 1995; PRESCRIBING THE TERMS AND FORM THEREOF; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL THEREOF AND INTEREST THEREON; AWARDING THE SALE THEREOF; AUTHORIZING THE PREPARATION AND DISTRIBUTION OF AN OFFICIAL STATEMENT TO BE USED IN CONNECTION WITH THE SALE OF THE CERTIFICATES; MAKING OTHER PROVISIONS REGARDING SUCH CERTIFICATES, INCLUDING USE OF THE PROCEEDS THEREOF, AND MATTERS INCIDENT THERETO; AND DECLARING AN EMERGENCY. Mr. Frank Ildebrando of Rauscher Pierce Refsnes, Inc. stated the increase of our credit rating by Moody's from a Baa 1 category to an A category is excellent. He quoted several statements from Standard & Poor's analysis, which included the City's stable financial position, strong reserve levels, and the assessed valuation which has grown $210 million. Mr. Ildebrando also quoted from Moody's analysis, stating the increase in rating reflected improved financial conditions, tax base growth and favorable socio - economical trends. Continuing, Mr. Ildebrando said that both rating services feel the City is in good financial condition and that the administration is doing a good job. This is all reflected in the number and types of bids received. Bids were received from eight underwriting groups: Dain Bosworth, Inc.; Dean Witter; First Southwest Co.; Merrill Lynch; NationsBank Capital Markets; Rauscher Pierce; Southwest Securities; and Raymond James & Associates. Mr. Ildebrando reported that NationsBank Capital Markets submitted the best and number one bid, whose Total Interest Cost Bid was $3,586,838.33. This is the amount that the City will be paying on $5 million worth of bonds. The Effective Interest Rate is 5.6249%, which is close 7 I to more than three-eighths of a percent less than was projected over a month ago, thereby saving the City $240,000 in interest cost. Continuing further, Mr. Ildebrando reported the second best bid was from Southwest Securities at an interest rate of 5.638%, and the difference in the total interest cost of the bid from NationsBank and Southwest Securities is approxiygately $8,000-$9,000. Dain Bosworth had a bid of 5.64%; Raymond James & Associates and First �.+ Southwest Co. both had a bid of 5.66%; Rauscher Pierce, 5.69%; Merrill Lynch, 5.72%; and Dean Witter, 5.75%. In conclusion, Mr. Ildebrando recommended Council to adopt the ordinance accepting the bid and awarding the sale of the bonds to NationsBank Capital Markets. Money from the sale will be forthcoming in about 30 days. Mr. Rick Witte, of Mayor, Day, Caldwell & Keeton, offered to answer any questions that Council might have regarding the ordinance. He informed it takes about 30 days to go through the process of submitting documents to the Attorney General's office for approval. Thereafter, closure on this transaction will then take place. City Manager Grohman commented these are outstanding interest rates and by waiting until the right time of the market and having our credit rating increased, the City will save $240,000. Mr. Grohman reminded Council of their pledge to go forward with the six priority projects, i.e., Hughes Road, the High School road, rehab of Shadybend Drive, realignment of the Harkey/O'Day intersection, reconstruction of the old and new Hatfield, and reconstruction of the McLean/Walnut/FM518 intersection. Councilmember Tetens amended his motion to include the awarding of the bid to NationsBank Capital Markets, with a net effective interest rate of 5.624942%. Motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Miller, and Smith Voting "No" - None Motion passed 5 to 0. ORDINANCE NO. 690, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TERAS, DECLARING IT UNLAWFUL FOR ANY PERSON TO POSSESS, DRIVE, HIT, OR OTHERWISE PLAY WITH A GOLF BALL IN ANY CITY PARK OR UPON ANY MUNICIPALLY OWNED GROUNDS, EXCEPT IN AREAS CLEARLY DESIGNATED FOR THAT PURPOSE Ordinance No. 690 was read in caption by Councilmember Miller (first reading). It was moved by Councilmember Miller, seconded by Councilmember Tetens, to approve Ordinance No. 690 on the first reading. Said Ordinance No. 690 reads in caption as follows: ORDINANCE NO. 690 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING IT UNLAWFUL FOR ANY PERSON TO POSSESS, DRIVE, HIT, OR OTHERWISE PLAY WITH A GOLF BALL IN ANY CITY PARK OR UPON ANY MUNICIPALLY OWNED GROUNDS, EXCEPT IN AREAS CLEARLY DESIGNATED FOR THAT PURPOSE; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Concerns were voiced with this ordinance over the language "to possess" and "or otherwise play with" a golf ball, whether or not we have designated areas for this purpose, and if we are having a major problem of this nature in our park. Parks and Recreation Director Ed Hersh informed there are quite a few people who go out at their leisure to Independence Park to hit golf balls. He said the City of Pearland is growing rapidly and with the building of Centennial Park, there will be more and more children at the parks who might be accidentally hit and injured by golf balls, thereby creating a liability. Continuing, Mr. Hersh said when the time comes to acquire land for a golf course, then that area would be designated for such activities. A question was posed as to whether or not a discussion had been held with the School District regarding including any of their lands in this ordinance. Mr. Hersh stated he thought it would be up to the School Board to take such action on their own. Mr. Hersh informed that a copy of this ordinance was taken before the Parks Board February meeting and was unanimously endorsed by them. Mayor Pro Tem Smith asked City Attorney McCullough for her help in "cleaning up" the language in question before the next meeting. City Manager Grohman said he understood their concern about the language sounding "bureaucratic", but it was probably there as a safeguard. He also said it might be a good idea to contact the school since most of the complaints had come from them. It was moved by Councilmember Richardson, seconded by Councilmember Weber, to table the ordinance until a later date. Voting "Aye" - Councilmembers Richardson, Weber and Smith. Voting "No" - Councilmembers Tetens and Miller. Motion passed 3 to 2. ORDINANCE NO. 691, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TERAS, DECLARING IT UNLAWFUL FOR ANY PERSON TO POSSESS, OPERATE, FLY, GLIDE, PLAY WITH, OR OTHERWISE CONTROL A POWER DRIVEN MODEL AIRPLANE OR MODEL ROCKET IN ANY CITY PARK OR UPON ANY MUNICIPALLY OWNED GROUNDS, EXCEPT IN AREAS CLEARLY DESIGNATED FOR THAT PURPOSE Ordinance No. 691 was read in caption by Councilmember Richardson (first reading). It was moved by Councilmember Richardson, seconded by Councilmember Weber, to adopt to get it on the table. Said Ordinance No. 691 reads in caption as follows: NO. 691 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING IT UNLAWFUL FOR ANY PERSON TO POSSESS, OPERATE, FLY, GLIDE, PLAY WITH, OR OTHERWISE CONTROL A POWER DRIVEN MODEL AIRPLANE OR MODEL ROCKET IN ANY CITY PARK OR UPON ANY MUNICIPALLY OWNED GROUNDS, EXCEPT IN AREAS CLEARLY DESIGNATED FOR THAT PURPOSE; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Concerns were also voiced with this ordinance likewise over the language of "to possess" and "to play with" and whether such language was included in the ordinance because of a liability issue. Mr. Hersh said liability was definitely a major concern, and that this ordinance was likewise unanimously recommended by the Parks Board at their February meeting because of the liability issue. 11 A lengthy discussion ensued. Councilmember Richardson moved to amend his motion so that items numbers 3, 4, & 5 be tabled. Motion seconded by Councilmember Tetens. Voting "Aye" - Councilmembers Richardson, Tetens, and Smith. Voting "No" - Councilmembers Weber and Miller. P"' Motion passed 3 to 2. (Note for the record - The three items tabled were: Ordinance Nos. 690, 691, and 692. Ordinance No. 692 reads in caption as follows: ORDINANCE NO. 692 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING IT UNLAWFUL FOR ANY PERSON TO POSSESS, OPERATE, DRIVE, RIDE, PUSH, PARK, OR OTHERWISE CONTROL A MOTOR VEHICLE UPON THE GROUNDS OF ANY CITY PARK OR UPON ANY MUNICIPALLY OWNED PROPERTY THAT IS NOT A PAVED ROADWAY, A CLEARLY DESIGNATED PARKING AREA, OR AN AREA OTHERWISE DESIGNATED FOR THAT PURPOSE; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. ORDINANCE NO. 110-G, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TERAS, AMENDING SECTIONS 9-55 AND 9-56 OF CHAPTER 9 OF THE CITY OF PEARLAND CODE OF ORDINANCES, ELECTRICITY, FOR PURPOSES OF CLARIFYING RENEWAL PROCEDURES AND INCREASING THE FEE FOR INACTIVE STATUS Ordinance No. 110-G read in caption by Councilmember Weber (first reading). It was moved by Councilmember Weber, seconded by Councilmember Tetens, to adopt Ordinance No. 110-G. Said Ordinance No. 110-G reads in caption as follows: ORDINANCE NO. 110-G AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTIONS 9-55 AND 9-56 OF CHAPTER 9 OF THE CITY OF PEARLAND CODE OF ORDINANCES, ELECTRICITY, FOR PURPOSES OF CLARIFYING RENEWAL PROCEDURES AND INCREASING THE FEE FOR INACTIVE STATUS; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Assistant City Manager Richard Burdine explained these were changes that were recommended and approved by the Electrical Board. Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Miller, and Smith. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R95-28, AUTHORIZING THE ERECTION OF STOP SIGNS AT THE INTERSECTION OF Y.M.C.A. DRIVE AND STRATFORD; AND ON STRATFORD AT THE WEST ENTRANCE TO THE Y.M.C.A. Resolution No. R95-28 read in caption by Councilmember Tetens. It was moved by Councilmember Tetens, seconded by Councilmember Richardson, that Resolution No. R95-28 be approved. Said Resolution No. R95-28 reads in caption as follows: 16 RESOLUTION NO. R95-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING, DIRECTING, AND RATIFYING PLACEMENT AND ERECTION OF CERTAIN STOP SIGNS WITHIN THE CITY OF PEARLAND, TEXAS, SO AS TO CREATE A STOP INTERSECTION AT THE INTERSECTION OF Y.M.C.A. DRIVE AND STRATFORD; AND FURTHER TO CREATE A STOP ON STRATFORD AT THE WEST ENTRANCE TO THE Y.M.C.A. Chief Hogg informed he has received many complaints about the large volume of traffic cutting through due to the construction on 518. He said the traffic survey indicated that speed was not the major factor but there is a need for proper signage to direct such traffic. Voting "Aye" - Councilmembers Miller, Tetens, Weber, Richardson and Smith. Voting "No" - None. Motion passed 5 to 0. OF TWIN WOOD City Engineer Hargrove stated all of the remaining items, in order to accept this subdivision, have now been completed except for the Letter of Acceptance from Brazoria County Drainage District No. 4. Mr. J. R. Nail, General Manager of BCDD#4, who was present, informed the Letter of Acceptance would be forthcoming tomorrow. Therefore, Mr. Hargrove recommended acceptance of this subdivision. A motion was made by Councilmember Weber to accept Twin Wood Subdivision. Motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmember Richardson, Weber, Tetens, Miller, and Smith. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R95-29, TWIN WOOD SUBDIVISION THE ERECTING OF STOPS SIGNS IN Resolution No. R95-29 read in caption by Councilmember Tetens. It was moved by Councilmember Tetens, seconded by Councilmember Richardson, to adopt Resolution No. R95-29. Said Resolution No. R95-29 reads in caption as follows: RESOLUTION NO. R95-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING, DIRECTING, AND RATIFYING PLACEMENT AND ERECTION OF CERTAIN STOP SIGNS WITHIN THE CITY OF PEARLAND, TEXAS, SO AS TO CREATE A STOP INTERSECTION ON GLASTONBURY DRIVE AT ITS T -INTERSECTION WITH OLD ALVIN ROAD; AND FURTHER TO CREATE A STOP INTERSECTION ON SOUTHBOUND HICKORY CREEK AT ITS T -INTERSECTION WITH GLASTONBURY DRIVE; AND FURTHER TO CREATE A STOP ON EASTBOUND HICKORY CREEK AT ITS T -INTERSECTION WITH NORTHBOUND GLASTONBURY DRIVE; AND FURTHER TO CREATE A TWO-WAY STOP ON GLASTONBURY DRIVE FOR EASTBOUND AND SOUTHBOUND TRAFFIC AT ITS SOUTHEAST CURVE (TWIN WOOD SUBDIVISION). Chief Hogg informed that now when new subdivisions are being planned and developed, a representative from the Police Department works with the developer by performing a traffic survey of the subdivision. Subsequently, recommendations are made to Council as to those intersections requiring signage. This keeps Council from having to consider so many stop sign resolutions later on. Voting "Aye" - Councilmembers Miller, Tetens, Weber, Richardson, and Smith. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R95-27, APPROVING THE ISSUANCE OF REFUNDING BONDS BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 4. Resolution No. R95-27 read in caption by Councilmember Miller. It was moved by Councilmember Miller, seconded by Councilmember Tetens to approve Resolution No. R95-27. Said Resolution No. R95-27 reads in caption as follows: RESOLUTION NO. R95-27 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, APPROVING THE RESOLUTION OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 4, OF BRAZORIA COUNTY, TEXAS, AUTHORIZING THE ISSUANCE OF ITS SERIES 1995 UNLIMITED TAX REFUNDING BONDS AND WAIVING PREMIUM CALL PROVISIONS OF REDEMPTION REQUIREMENTS FOR THE BONDS. Mr. Craig Rathmann, attorney representing Brazoria County MUD#4, explained they would like to refinance some outstanding debt by taking advantage of better market conditions, lower interest rates. He said they have an opportunity to reduce the average interest cost on some 1989 bonds from about 8-3/4% to 6-1/4%. He also said they will save in excess of $300,000 in total payments by em refinancing this debt, and that this savings will be passed on to the taxpayers. Voting "Aye" - Councilmembers Miller, Tetens, Weber, Richardson and Smith. Voting "No" - None. Motion passed 5 to 0. ADJOURNMENT The meeting adjourned at 8:37 p. m. Minutes approved as submitted and/or corrected this A.D., 1995. ATTEST: ommie Jean Vial Interim City Secretary Y day of Mayor Pro Tem 13