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1995-05-22 CITY COUNCIL REGULAR MEETING MINUTES66 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TERAS, HELD ON MAY 22, 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 Councilmember Councilmember Councilmember Councilmember City Manager City Attorney Interim City Secretary Richard Tetens Jerry Richardson Randy Weber Kevin Cole Helen Beckman Paul Grohman Amy McCullough Tommie Jean Vial Others in attendance: Assistant City Managers 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 Richardson. The Pledge of Allegiance was led by Councilmember Beckman. APPROVAL OF MINUTES It was moved by Councilmember Richardson, seconded by Councilmember Cole, that the minutes of the Regular Meeting of May 8, 1995, be approved as presented. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT A proclamation was issued by Mayor Pro Tem Tetens, with the assistance of Parks & Recreation Director Ed Hersh, proclaiming May 27 -June 4, 1995, as National Aquatic Week. Accepting the proclamation, along with Mr. Hersh, were Pool Manager Sherry Hickson and Assistant Pool Manager Melanie Simms. It was noted that the pool will be opened the weekend of May 13, 1995. A proclamation was issued by Mayor Pro Tem Tetens, with assistance of Emergency Management Coordinator David Smith, proclaiming May 21-27, 1995 as Hurricane Awareness Week. Mayor Pro Tem Tetens reported on his attendance at the Police Department Annual Awards Ceremony on Friday, May 12, 1995. He commended Police Chief Hogg and our police officers and thanked them for their hard work. Mr. Tetens also attended the Brazoria County Cities Association meeting on Wednesday, May 17, 1995. COUNCIL ACTIVITY REPORTS Councilmember Richardson reported that he also attended the Police Department Awards ceremony on Friday, May 12. He, too, was very appreciative of our Police Department and stated that the officers receiving the awards were very deserving. Councilmember Weber, likewise, attended the Police Department Awards Ceremony and stated it was performed very well. He also attended the Brazoria County Cities Association on Wednesday, May 17, at which he was named President of the organization. In addition, he attended the Baccalaureate Services at the Nelson Auditorium on Sunday, May 21, and stated it was a very positive and 23 uplifting program. Councilmember Cole reported on his attendance at the Police Awards function and commented he was glad that we set one night a year to recognize our police officers. Additionally, he attended the Baccalaureate Services on May 21. Councilmember Cole extended congratulations to the Pearland High School Ladies Softball Team, who have represented the City well. Councilmember Beckman attended the Police Department Awards on May 12, and stated she enjoyed a wonderful evening. She commented that awards were also given to some of our citizens, who were deserving of such an honor. Ms. Beckman also reported on her attendance at the Brazoria County Cities Association meeting and to the three D.A.R.E. graduation ceremonies. CITY MANAGER'S REPORT City Manager Paul Grohman updated the Council on the status of the Management Information Sytem. He also informed them about the GTE Tower at the Police Department. Mr. Grohman advised that we are in the phase one planning stage of the David L. Smith project. Mr. Grohman also stated there are a lot of industrial prospects looking at the Pearland area. City Manager Grohman thanked T.J. Vial for doing a great job over the past 2 - 3 months. CITIZENS 1. David Miller, 2706 Shady Creek, Pearland, Texas. Mr. Miller read from a prepared statement voicing his concerns regarding the City and the Brazoria County Drainage District No. 4 on the issue of flood control and drainage in general. He stressed the need for more cooperation between these two entities as the city continues to grow in population and development. 2. Catherine O'Brien, 3010 Country Club Drive, Pearland. Ms. O'Brien addressed Council regarding her involvement in Clean Pearland and her promotion of public interest in the general improvement of our environment. She encouraged the Council's continued support of the Clean Pearland organization. DOCKETED PUBLIC HEARINGS NONE BUSINESS ORDINANCE NO. 509-63, AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, CHANGING CLASSIFICATION OF PROPERTY SOUTH OF WEST OAKS SUBDIVISION FROM SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-4) AT THE REQUEST OF JOHN ENGLISH, REKHA ENGINEERING, AGENT FOR RENEE WEST, PEARLAND WEST OAKS VILLAGE, SECTION ONE, LTD., OWNER. Ordinance No. 509-63 was read in caption by Councilmember Richardson (second reading). It was moved by Councilmember Richardson, seconded by Councilmember Cole, that Ordinance No. 509-63 be approved on the second reading. Said Ordinance No. 509-63 reads in caption as follows: NO. 509-63 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 G'§ LOCATED SOUTH OF WEST OAKS SUBDIVISION FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-4) AT THE REQUEST OF JOHN ENGLISH, REKHA ENGINEERING, INC., AGENT FOR RENEE WEST, PEARLAND WEST OAKS VILLAGE, SECTION ONE, LTD., 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, Cole, Beckman and Tetens. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS ORDINANCE NO. 528-6, AMENDING SECTION 6-12.5 AND 6-12.5(b)(1), RESTRICTIONS ON KEEPING ANIMALS WITHIN THE CITY LIMITS - RATITES, OF CHAPTER 6 OF THE CITY OF PEARLAND CODE OF ORDINANCES, ANIMAL AND FOWL, FOR THE PURPOSES OF CLARIFYING REQUIRED FENCING AND THE DEFINITION OF EMUS. Ordinance No. 528-6 read in caption by Councilmember Weber (first reading). It was moved by Councilmember Weber, seconded by Councilmember Richardson that Ordinance No. 528-6 be approved on the first reading. Assistant City Manager Richard Burdine advised that this ordinance is being amended for clarification of the definition of an adult emu, which is one being over 18 months of age. Also, the ordinance was not clear as to the required fencing of the emus. This change would require one 6' fence for the actual enclosure of the emus and then a minimum of a 4' foot fence as the second or outside fence. Mr. Bill Grote, CR 127, addressed the Council. He said he has a specific use permit to allow emus on his property and requested clarification of the perimeter fence, the size of the pens for two adult birds, and the distance of the pens to other residences. Mr. Burdine explained that the 1/4 acre requirement was in effect when Mr. Grote made his application as far as the density of the adult pairs. He also said it was felt the perimeter fence was needed for the protection of children and others from the feet of these bids, which could cause injuries. Said Ordinance No. 528-6 reads in caption as follows: NO. 528-6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTIONS 6-12.5 AND 6-12.5(b)(1), RESTRICTIONS ON KEEPING ANIMALS WITHIN THE CITY LIMITS - RATITES, OF CHAPTER 6 OF THE CITY OF PEARLAND CODE OF ORDINANCES, ANIMALS AND FOWL, FOR THE PURPOSES OF CLARIFYING REQUIRED FENCING AND THE DEFINITION OF EMUS; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Beckman, Cole, Weber, Richardson and Tetens. Voting "No" - None. Motion passed 5 to 0. 9� AWARD OF BID NO. B95-8, DUMP TRUCK. It was moved by Councilmember Weber, seconded by Councilmember Richardson, to award Bid No. B95-8 for a dump truck to Alvin Equipment Co., in the amount of $53,500 with the money being taken out of the appropriate account. Assistant City Manager Richard Burdine recommended awarding the bid to the low bidder, Alvin Equipment Co., in the amount of $53,774. He informed we also received a bid from H -GAC; however, it was late ^' and could not be considered. In addition, their bid was approximately $6,000 higher than the low bid. Councilmember Weber amended his motion to award Bid No. B95-8 to Alvin Equipment Co., in the amount of $53,774, with the money taken out of the appropriate account. Councilmember Richardson seconded this amended motion. Voting "Aye" - Councilmembers Richardson, Weber, Cole, Beckman and Tetens. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R95-34, ORDERING THE HOLDING OF A SPECIAL ELECTION ON THE TWELFTH DAY OF AUGUST, 1995 FOR THE PURPOSE OF ELECTING THE MAYOR OF THE CITY OF PEARLAND, TERAS TO COMPLETE AN UNEXPIRED TERM. Resolution No. R95-34 was read in caption by Councilmember Cole. It was moved by Councilmember Cole, seconded by Councilmember Beckman, to approve Resolution No. R95-34. City Manager Paul Grohman informed the date of August 12, 1995 was r-- chosen because of the uniform election date that is provided by State law. He said since our Charter provides for a Special Election, that this is the first conceivable date. Said Resolution No. R95-34 reads in caption as follows: RESOLUTION NO. R95-34 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A SPECIAL ELECTION ON THE TWELFTH DAY OF AUGUST, 1995, FOR THE PURPOSE OF ELECTING THE MAYOR OF THE CITY OF PEARLAND, TEXAS, TO COMPLETE AN UNEXPIRED TERM; ESTABLISHING POLLING PLACES; NAMING CLERKS; AND ESTABLISHING PROCEDURES FOR SAID SPECIAL ELECTION. Voting "Aye" - Councilmembers Richardson, Weber, Cole, Beckman and Tetens. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R95-35, A RESOLUTION APPOINTING PERSONS TO SERVE AT r- THE CENTRAL COUNTING STATION, BRAZORIA COUNTY COURTHOUSE, ANGLETON, TEXAS, FOR THE SPECIAL ELECTION TO BE HELD ON THE TWELFTH DAY OF AUGUST, 1995. Resolution No. R95-35 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Richardson, to approve Resolution No. R95-35. Said Resolution No. R95-35 reads in caption as follows: RESOLUTION NO. R95-35 u w A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING PERSONS TO SERVE AT THE CENTRAL COUNTING STATION, BRAZORIA COUNTY COURTHOUSE, ANGLETON, TEXAS, FOR THE SPECIAL ELECTION TO BE HELD ON THE TWELFTH DAY OF AUGUST, 1995. Voting "Aye" - Councilmembers Beckman, Cole, Weber, Richardson and Tetens. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R95-36, A RESOLUTION AUTHORIZING THE CREATION OF THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION AS AN INSTRUMENTALITY OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF PROMOTING AND DEVELOPING NEW AND EXPANDED BUSINESS ENTERPRISES UTILIZING A ONE- HALF CENT (1/24) LOCAL SALES AND USE TAX. Resolution No. R95-36 was read in caption by Councilmember Beckman. It was moved by Councilmember Beckman, seconded by Councilmember Cole, to approve Resolution No. R95-36. City Manager Grohman informed that the initial meeting of the EDC Board was held this morning and that Dennis Frauenberger was elected President; Tricia Holland, Vice President; and Susan Lenamon, Secretary. Said Resolution No. R95-36 reads in caption as follows: RESOLUTION NO. R95-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CREATION OF THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION AS AN INSTRUMENTALITY OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF PROMOTING AND DEVELOPING NEW AND EXPANDED BUSINESS ENTERPRISES UTILIZING A ONE-HALF CENT (1/2(,) LOCAL SALES AND USE TAX; APPOINTING THE INITIAL BOARD OF DIRECTORS OF SAID CORPORATION; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmembers Richardson, Weber, Cole, Beckman and Tetens. Voting "No" - None. Motion passed 5 to 0. AUTHORIZING CITY MANAGER TO ENTER INTO AN AGREEMENT WITH I.M.S. WORLDWIDE, INC. FOR PREPARATION OF A COMMUNITY AUDIT. City Manager Grohman informed that the EDC Board authorized I.M.S. to do a community audit only, not the full plan that was proposed by I.M.S. Worldwide. It was moved by Councilmember Richardson, seconded by Councilmember Beckman, to authorize the City Manager to enter into an agreement with I.M.S. Worldwide, Inc. for preparation of a community audit only. Motion passed 5 to 0. AUTHORIZING CITY MANAGER TO HIRE WELL AND WATER LINE PROJECTS. ENGINEERS) FOR WATER City Manager Grohman stated these projects are called for in our Capital Improvement Plan. We will use fund balances from utility fund to move forward. Almost all of the projects are reimbursable from impact fees, he said. Ze It was moved by Councilmember Cole, seconded by Councilmember Beckman, to authorize the City Manager to hire consulting engineer(s) for water well and water line projects. Motion passed 5 to 0. RESOLUTION NO. R95-37, CHANGING THE REGULAR MEETING DATES IN JUNE, 1995. Resolution No. R95-37 was read in caption by Councilmember r Richardson. Because of conflicting schedules, and the possibility of there not being a quorum at the regular meeting, City Manager Grohman informed, it would be best to change the meeting date. It was moved by Councilmember Richardson, seconded by Councilmember Cole, to change the regular meeting dates in June, 1995 and have a double agenda on June 19, 1995, thereby approving Resolution No. R95-37. Said Resolution No. R95-37 reads in caption as follows: RESOLUTION NO. R95-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING DATES IN JUNE, 1995. Voting "Aye" - Councilmembers Richardson, Weber, Cole, Beckman and Tetens. Voting "No" - None. Motion passed 5 to 0. ACCEPTANCE OF BRIARGLEN SUBDIVISION, SECTION II. City Engineer John Hargrove advised that this subdivision has been substantially completed and recommended Council approve the subdivision contingent upon the following: 1. Receipt of two (2) year maintenance bond in the amount of 50% of construction costs. 2. Receipt of two (2) years operating cost for the total number of lights installed. 3. Receipt of the engineers certification letter. 4. Successful completion of bacteriological tests which are underway today. 5. Completion of the west boundary ditch on the Tejas fee strip. Mr. Hargrove stated he was making this recommendation because this subdivision has been delayed so long because of circumstances beyond the developer's control. He stated further that he would not sign the acceptance recommendation without these items being �.. completed. It was moved by Councilmember Weber, seconded by Councilmember Richardson, to accept Briarglen Subdivision, Section II, subject to the five (5) requirements by the City Engineer. Motion passed 5 to 0. AUTHORIZING THE CITY MANAGER TO HIRE CONSULTING ENGINEERS) FOR IMPROVEMENTS TO THE INTERSECTIONS OF MCLEAN ROAD AND BROADWAY, HARREY/O'DAY ROADS AND BROADWAY, AND HATFIELD ROAD AND HATFIELD ROAD. M It was moved by Councilmember Richardson, seconded by Councilmember Cole, to authorize the City Manager to hire consulting engineer(s) for improvements to the intersections of McLean Road and Broadway, Harkey/O'Day Roads and Broadway, and Hatfield Road and Hatfield Road. Motion passed 5 to 0. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 8:50 P. M. UNDER TEXAS GOVERNMENT CODE. Mayor Pro Tem Tetens read from the posted agenda the following topic to be discussed in Executive Session: UNDER SECTION 551.074 - PERSONNEL - DISCUSSION CONCERNING THE APPOINTMENT OF CITY SECRETARY, RATIFICATION OF THE EMPLOYMENT OF EMERGENCY MANAGEMENT COORDINATOR, AND THE REASSIGNMENT AND DUTIES OF PERSONNEL DIRECTOR, MUNICIPAL COURT CLERKS, AND ASSISTANT CITY SECRETARIES. MEETING RETURNED TO OPEN SESSION AT 9:24 P. M. NEW BUSINESS (CONTINUED) RATIFICATION OF APPOINTMENT OF CITY SECRETARY, EMPLOYMENT OF EMERGENCY MANAGEMENT COORDINATOR, AND REASSIGNMENT AND DUTIES OF PERSONNEL DIRECTOR, MUNICIPAL COURT CLERKS, AND ASSISTANT CITY SECRETARIES. It was moved by Councilmember Weber, seconded by Councilmember Richardson to ratify the City Managers appointment of Yolanda Benitez to City Secretary, Mary Hickling to the Director of Administrative Services; that we also reaffirm the appointment of T.J. Vial and Mary Hickling as Assistant City Secretaries; and further that we appoint Wendy Standorf and Missy Miller as Assistant City Secretaries; and we allow him to reassign the duties of Personnel Director, Municipal Court Clerks and Assistant City Secretaries; and to name Mary Hickling, Missy Miller and Wendy Standorf as Deputy Court Clerks. Councilmember Weber amended his motion to ratify the City Manager's appointment of Yolanda Benitez to City Secretary, Mary Hickling as Director of Administrative Services; that we also reaffirm the appointment of T.J. Vial and Mary Hickling as Assistant City Secretaries and Deputy Court Clerks, and further that we appoint Wendy Standorf and Missy Miller as Assistant City Secretaries and Deputy Court Clerks; and that we also ratify the appointment of Emergency Management Coordinator Mr. David Smith. Motion passed 5 to 0. The meeting adjourned at 9:34 p. m. Minutes approved as submitted and/or corrected this /q day of !�; , A. D., 1995. ATTEST: Tommie Jean V al Interim City Secretary Richard F. Tetens Mayor Pro Tem