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1995-08-14 CITY COUNCIL REGULAR MEETING MINUTESR MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 14, 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 Pro Tem/Councilmember Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Richard Tetens Jerry Richardson Randy Weber Kevin Cole Helen Beckman Paul Grohman Amy McCullough Yolanda Benitez Others in attendance: Assistant City Managers Richard Burdine and Glen Erwin; Police Chief Mike Hogg; Director of Administrative Services Mary Hickling; and City Engineer John Hargrove. 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 July 31, 1995, 7:00 p.m., be approved as submitted. Motion passed 5 to 0. It was moved by Councilmember Richardson, seconded by Councilmember Cole, that the minutes of the regular meeting of July 31, 1995, 8:00 p.m., be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Pro Tem Tetens announced that City Manager Grohman would be presenting the first award. Mr. Grohman called T. J. vial and her husband, Raymond vial, to the podium. He praised T. J., not only for her outstanding work in the performance of her duties as Interim City Secretary, but also for performing her duties in the Administration Office. City Manager Grohman presented her with a plaque noting her accomplishments. Mayor Pro Tem Tetens then called on Doug Smith from the Pearland 100 Club to make the presentation of the "Police Officer of the Year" award. Mr. Smith called on Police Chief Mike Hogg to assist in the presentation. The award was then presented to Officer Matt Zepeda for his outstanding efforts in the crime prevention program, the Citizens Police Academy, the DARE Program, Toys for Tots, Children's Miracle Network, National Night Out, Kiwanis, Lions Club and Exchange Club. He also cited that officer Zepeda had been instrumental in obtaining a crime prevention training program which resulted in certification of every Pearland police officer as Crime Prevention Specialists. Mr. Smith announced that Officer Zepeda will be honored at a banquet to be held on September 9th at the Knights of Columbus Hall. 50 Office Zepeda thanked the Pearland 100 Club, but noted that all of his accomplishments came about as a result of combined efforts on the part of the citizens and his fellow officers. COUNCIL ACTIVITY REPORTS Councilmember Beckman reported that she had attended the board meeting of the Adult Reading Center on August 9th, and on August 10th, she attended the Pearland Independent School District orientation for new staff. Councilmember Cole reported that he also attended the orientation for the new teachers and staffinembers for the Pearland Independent School District. He reminded everyone that there will be a school district bond election on September 9th and encouraged them to cast their vote. Councilmember Weber had nothing to report. Councilmember Richardson had nothing to report. Mayor Pro Tem Tetens had no report. CITY MANAGER'S REPORT City Manager Paul Grohman reported that the second Citizens Police Academy will begin on August 31st and noted how successful the initial class had been. He then reported that the city -county cooperative on resurfacing the asphalt streets will continue when weather permits. Mr. Grohman stated that work should be commencing on the David L. Smith Project in the next 30-60 days. City Manager Grohman noted that the 'National Night Out" had been a great success throughout the City of Pearland. He then deferred some time to Police Chief Mike Hogg. Chief Hogg thanked Officer Zepeda for his work within the community and for sharing his commendation with his fellow officers and the citizens. Chief Hogg reported on the Home Fleet Program and noted how successful the program has been. Chief Hogg cited some specific instances where off-duty officers were able to respond quickly to calls in their vicinity because they had their vehicles at home. Chief Hogg then explained the incident that occurred last Friday, August 11th, in the City of Pearland, regarding the sale of tobacco products to minors. He noted the results as follows: out of 20 businesses selling tobacco products, only 2 sold them to minors. However, out of those 20 businesses, 18 of them sold beer to minors. Councilmember Weber commended the Police Department for their work with regard to monitoring the sale of alcohol and/or tobacco products to minors, and encouraged the department to take part in this type of endeavor every weekend. He also asked that the City request the TABC, in writing, a revocation of the licenses for the businesses who take part in the sale of alcohol and/or tobacco products to minors. CITIZENS 1. Dominick Basile - 1101 Lochmoor -- Mr. Basile made a presentation to the City Council on behalf of the Riverwalk Homeowner's Association. He spoke with regard to the proposed opening of Chelsea Lane in the Riverwalk Subdivision which would extend into the Sun Meadow Subdivision. He noted the homeowners' opposition to the opening of this street and stated that they have obtained a petition containing signatures from 96 of the 104 homeowners contacted. Mr. Basile N also requested that they (the Riverwalk Homeowner's) be informed when proposals of this nature are being considered; and asked that the City Council make their decision based on what is best for the residents who will be impacted by it. 2. Catherine O'Brien - 3010 Country Club Drive -- Mrs. O'Brien addressed the City Council with regard to issues that citizens requested she address during her campaign. The first item was that of a possible Charter violation with regard to the appointment of the two Assistant City Managers. She requested that the City Attorney obtain an answer to her question and get back with her in this regard. Mrs. O'Brien then spoke about a possible Charter violation with respect to official newspaper and requested answers with regard to this matter, as well. City Manager Grohman responded to Mrs. O'Brien's concerns regarding the Assistant City Manager positions and noted that this matter was not in violation of the City Charter, but rather was a matter of conferring titles of respect where they were warranted. He then responded with regard to the "official newspaper" issue, and noted that this had been a recommendation of a former staffinember. Mr. Grohman noted that had this issue not come up, the City would still have published the proposed Charter amendments in both papers in order to get as much information out as possible. DOCKETED PUBLIC HEARINGS: Proposed Budget for 1995-96 City Manager Grohman reviewed the changes to the proposed budget from that which was presented to the Council at the _ July 31st meeting. He pointed out that staff is proposing a 1/2 cent tax rate decrease for the fourth consecutive year. He also pointed out the fact that one position will be added in the Finance Department, and one position of Sergeant in the Criminal Investigation Division of the Police Department will also be added. City Manager Grohman reported that a 4% Cost of Living Increase was included in the proposed budget for all City employees, which includes the Police Department. City Manager Grohman noted that the City's bond rating has been upgraded by the top two investor services. Moody Is Investor Service upgraded the bond rating to an "A", and Standard & Poors also upgraded the bond rating to an "A". Mr. Grohman read the comments that Moody's had noted in their report of April 20, 1995: "Improved credit rating reflects improved financial operation, and favorable socioeconomic trends. Operations are currently supported by the presence of above-average General Fund reserves. Draw downs over the last two years primarily reflected use of substantial operating funds to fund capital projects." He then stated that the March 6, 1995 report from Standard & Poors noted as follows: "The City's financial operations are sound. Despite rapid budget growth because of population growth, the City has been able to lower its tax rate and maintain strong reserves." City Manager Grohman noted that copies of the proposed budget are available in the Public Library and in the City Secretary's office, should citizens wish to view it. 1. Catherine O'Brien - 3010 Country Club -- Mrs. O'Brien requested information concerning the transfers of funds from the Water & Sewer Fund to the General Fund. Her concern was with the fact that if the Water & Sewer rates were going to go up, then why were funds being transferred out of the Water & Sewer Fund and could these funds be used to offset an increase in the water and sewer rates. She also inquired as to whether the City would be facing 52 expansion of the two wastewater treatment plants or the need for another wastewater treatment plant in the future in light of the rapid growth of the City. Mrs. O'Brien also inquired as to whether the funds being transferred out of the Water & Sewer Fund could be used for this possible expansion and/or addition. City Manager Grohman responded to Mrs. O'Brien's inquiries and noted that these funds were transferred for all the departments that share the functions, such as the Finance Department who pays the bills. Mr. Grohman also noted that there may be increases in the Water and Sewer rates; however, they are not proposed in the budget for 1995-96. Catherine O'Brien then inquired with regard to the $76,000 which was transferred from the Economic Development Corporation to the General Fund. Mr. Grohman noted that this was a cost allocation for payroll, and was prorated as it was for all departments. Mrs. O'Brien cautioned the Council with regard to concerns she heard from the citizens regarding funds being used for hiring of additional personnel, transfers being made to the General Fund and other "intangibles" that the citizens feel are being used from tax monies, but they are not seeing any results from this. The citizens' impression of what they voted on was for improvement of infrastructure or things going for economic development and the citizens want an explanation in this regard. City Manager Grohman reported that there had been several persons involved in the Speaker's Bureau who made presentations to the citizens and all of them had emphasized that 25% of the funds would be used for staffing. This, of course, included the position of the Executive Director. He also noted that 25% of the monies were to be expended on infrastructure and this had been pointed out during the presentations. The final half of the funds were proposed for direct inducements to job creators who would come to Pearland and create value-added jobs. 2. James Boss - 2102 Shady Bend Drive -- Mr. Boss requested information with regard to the appraised values used on the budget and asked for an effective date. Mr. Grohman responded that this information had been received around the end of July. Mr. Boss explained that residents in the Shady Crest Subdivision had received reappraisals effective the 4th of August and that the majority were up by about 20%. City Manager Grohman explained that the Certified Roll does include the adjustments made in the Shady Crest Subdivision, and that residents had merely received their notices late. UNFINISHED BUSINESS: REMOVE FROM TABLE ORDINANCE NO. 693 (MOBILE HOMES) Councilmember Richardson made a motion to remove Ordinance No. 693 from the table; however, he noted that he intended to deny the motion. The motion was seconded by Councilmember Beckman. City Attorney Amy McCullough informed the Council that she had reviewed this ordinance at the request of a citizen and noted that it was an antiquated ordinance which needed to be updated in order to come to compliance with current law. In accordance with that perceived problem, the City Attorney explained that she had revised the ordinance as presented to the Council. W Mayor Pro Tem Tetens called for a vote with regard to the removal of Ordinance No. 693 (Mobile Homes) from the table. Voting "Aye" - Councilmembers Beckman, Cole, Weber, Richardson and Tetens. Voting "No" - None. The motion passed 5 to 0. ORDINANCE NO. 693 (MOBILE HOMES) - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TERAS, AMENDING ORDINANCE NO. 179, ARTICLE I. IN GENERAL, SECTION 17-1, DEFINITIONS, AND ORDINANCE NO. 164, SECTION 17-2, USE OF RESIDENCE RESTRICTED, OF CHAPTER 17 OF THE CITY OF PEARLAND CODE OF ORDINANCES, MOBILE HOMES, FOR THE PURPOSES OF ADDING AND CLARIFYING DEFINITIONS AND RESTRICTIONS, PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION, AND AN EFFECTIVE DATE. Councilmember Richardson made a motion that Ordinance No. 693 (Mobile Homes) be denied, seconded by Councilmember Weber. Councilmember Beckman voiced her opinion that she agreed with the City Attorney that this ordinance needed to be addressed; however, she did not believe this was the way to do it. Mayor Pro Tem Tetens then called for comments from the citizens regarding this ordinance. 1. Helen Gabriel - 2406 Jacqueline -- Mrs. Gabriel noted that the reason she and her family had bought their home in Regency Park was because the deed restrictions in that area did not prohibit them from keeping an RV at their home. She also noted that it would be a great inconvenience to store their RV at a storage facility aside from the cost of doing so. She asked that the Council deny the ordinance as it was being presented to them this evening. 2. Peggy Mayfield - 2119 N. Austin -- Mrs. Mayfield also noted her opposition to this ordinance. She cited the cost of average recreational vehicles, as well as the cost of storage and upkeep of these vehicles. 3. John H. Williams - 2409 Byron Avenue -- Mr. Williams stated that he felt that the laws concerning RV's should be left up to the individual subdivisions. He noted that they should be addressed in deed restrictions, which is why he moved to the area he resides in as there were no deed restrictions against parking RV's or motor homes in their driveways. He noted that he was not asking the Council for anything, only that they be allowed to keep what they already have. 4. Tom Johnson - 2425 Colleen -- Mr. Johnson noted that he pays taxes on his property and that he feels that the City should not be allowed to tell property owners what they can have or cannot have. He requested that a "grandfather" clause be included in the ordinance if the Council goes ahead with approval. He noted that the clause should state that property .- owners who already have their RV's on their property can keep them there. 5. Lyn Post - 2411 Colleen -- Ms. Post noted that she was the daughter of Tom Johnson and stressed the fact that most people who own RV's have worked hard most of their lives in order to be able to afford them. She asked that the Council take this into consideration in reviewing this ordinance. 6. Harold Sanders - 2703 Robin Hood Circle -- Mr. Sanders noted that the 14 -day clause in the RV ordinance was not practical. He also pointed out that the storage places recommended in the ordinance were a "mobile home park or RV park" and inquired as 54 to whether a storage lot would be considered as a proper storage facility. Mr. Sanders noted that the proposed ordinance was a "mishmash" of several ordinances that were being brought up-to-date as one single ordinance. He requested that ordinances be amended on an individual basis so that each ordinance would be "free-standing". Mr. Sanders requested a "grandfather clause", and suggested that boats, mobile barbecue pits, old vehicles, etc. all be included in the ordinance if it was to be reviewed on a "nuisance" value. Catherine O'Brien - 3010 Country Club Drive -- Mrs. O'Brien asked City Attorney Amy McCullough for clarification on the enforceability of the RV ordinance as presently written. She also asked Ms. McCullough for clarification on which carried more weight - a deed restriction or an ordinance. Ms. McCullough will provide answers to Mrs. O'Brien's questions at a later date. Mrs. O'Brien requested that the City Council appoint a committee comprised of homeowners throughout the community who will look at the RV Ordinance and provide their recommendations to the Council. Greg Bigler - 5304 Carmona -- Mr. Bigler noted that due to his home being flooded four times in the South Corrigan Subdivision, he has been forced to use his RV as a "second home 11. He requested that homeowners who have junk cars in their yards be more closely reviewed, rather than homeowners who own nice, expensive, well -kept recreational vehicles. Voting "Aye" - Councilmembers Richardson, Weber, Cole, Beckman, and Tetens. Voting "No" None. The motion passed 5 to 0 to deny Ordinance No. 693 (Mobile Homes). REMOVE FROM TABLE ORDINANCE NO. 528-6 Councilmember Beckman made a motion to remove from the table Ordinance No. 528-6, seconded by Councilmember Cole. Voting "Aye" - Councilmembers Weber, Richardson, Cole, Beckman, and Tetens. Voting "No" - None. The motion passed 5 to 0. Councilmember Weber inquired as to whether Ordinance No. 528-6, Ordinance No. 690, and Ordinance No. 691 could be read and approved in one single motion. City Attorney McCullough stated that this was permissible as long as the Council realized that Ordinance No. 528-6 was on its first reading and Ordinances No. 690 and 691 were on second reading. ORDINANCE 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; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. ORDINANCE NO. 690 - (GOLF BALLS) - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING IT UNLAWFUL FOR ANY PERSON TO DRIVE, HIT, OR OTHERWISE PLAY GOLF 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. M ORDINANCE NO. 691 (MODEL AIRPLANE/MODEL ROCKETS) - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING IT UNLAWFUL FOR ANY PERSON TO OPERATE, FLY, GLIDE, 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. Councilmember Weber made a motion to approve Ordinance No. 528-6, (First Reading), Ordinance No. 690, (Second Reading), and Ordinance No. 691, (Second Reading). The motion was seconded by Councilmember Richardson. Voting "Ayelt - Councilmembers Beckman, Cole, Weber, Richardson and Tetens. Voting "No" - None. The motion passed 5 to 0. NEW BUSINESS RESOLUTION NO. R95-48, A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE MAYORAL ELECTION HELD IN THE CITY OF PEARLAND, TEXAS ON AUGUST 12, 1995. Councilmember Weber read the resolution in its entirety and declared the results as follows: FOR MAYOR OF THE CITY OF PEARLAND (Unexpired Term) NAME OF CANDIDATE # OF VOTES RECEIVED PERCENTA Catherine O'Brien 292 19.76% Stella Roberts 273 18.47% Tom Reid 913 61.77% Thereby, Tom Reid was declared to be the party duly elected to the office of Mayor of the City of Pearland (unexpired term) at the August 12, 1995 election. Councilmember Weber made a motion to approve Resolution R95-48, seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Weber, Richardson, Cole, Beckman, and Tetens. Voting "No" - None. The motion passed 5 to 0. Mayor Pro Tem Tetens stated that Item #2 (Resolution No. R95-49) and Item #3 (Resolution R95-50) would not be addressed because a Run -Off election was not necessary. ISSUANCE OF CERTIFICATE OF ELECTION TO THE NEWLY ELECTED MAYOR. Mayor Pro Tem Tetens presented Tom Reid with the Certificate of Election. ADMINISTRATION OF OATH OF OFFICE TO NEWLY ELECTED MAYOR. Judge Bill Todd administered the Oath of Office to newly elected Mayor Tom Reid. At this time (9:05 p.m.), Mayor Pro Tem Tetens called for a 15 - minute recess in order to honor Mayor Reid at a reception being held in the lobby of City Hall. a The Council reconvened at 9:25 p.m. at which time Mayor Pro Tem Richard Tetens handed over the gavel to Mayor Tom Reid to preside over the remainder of the Council meeting. AWARD OF BID NO. B95-14 - COMPLETION OF CERTAIN WATER AND SEWER LINE PROJECTS. Assistant City Manager Richard Burdine presented the recommendation to the Council on this item and noted that the low bid was from The Rohan Company in the amount of $57,982.92. He requested that the City Council award this bid to the low bidder. Councilmember Cole made a motion to award B95-14 to The Rohan Company in the amount of $57,982.92, seconded by Councilmember Weber. Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole, and Beckman. Voting "No" - None. Motion passed 5 to 0. AWARD OF BID NO. B95-15 - FURNISHING MATERIALS FOR COMPLETION OF THE STORMWATER PROJECTS. Assistant City Manager Richard Burdine presented the recommendation to the Council and requested that the bid be awarded to Concrete Pipe & Product Company, Inc. in the amount of $32,404.70. Councilmember Tetens made a motion to award Bid No. B95-15 to the low bidder, Concrete Pipe & Product Company, Inc. in the amount of $32,404.70, seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Tetens, Richardson, Weber, Cole, and Beckman. Voting "No" - None. Motion passed 5 to 0. REAPPOINTMENT OF WILLIAM MCCLELLAND TO BUILDING CODE BOARD OF ADJUSTMENTS AND APPEALS (4 YEAR TERM). Mayor Reid noted that this was a professional board that requires certain definitions in its membership and also noted that Mr. McClelland had agreed to continue in this position. Councilmember Tetens made a motion to approve the reappointment of William McClelland to the Building Code Board of Adjustments and Appeals for a 4 -year term. Councilmember Richardson seconded the motion. Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole, and Beckman. Voting "No" - None. The motion passed 5 to 0. REAPPOINTMENT OF MIKE BESSER TO GAS AND PLUMBING CODE BOARD OF ADJUSTMENTS AND APPEALS (4 YEAR TERM). Mayor Reid again noted that this was a professional board which requires a special background for this position. He noted that Mr. Besser has agreed to serve for another term. Councilmember Beckman made a motion to approve the reappointment of Mike Besser to the Gas and Plumbing Code Board of Adjustments and Appeals for a 4 year term. Councilmember Richardson seconded the motion. I Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber, and Richardson. Voting "No" - None. The motion passed 5 to 0. RESOLUTION NO. R95-51, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TERAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ENGINEERING CONTRACT FOR AN INFLOW AND INFILTRATION REDUCTION STUDY OF THE OLD TOWN SITE AND GREEN TEE TERRACE, SECTION 1 SUBDIVISIONS. City Manager Paul Grohman recommended to Council that the firm of Gutierrez, Smouse & Wilmut be contracted for the completion of this project. Councilmember Tetens moved that Resolution No. R95-51 be approved, seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole, and Beckman. Voting "No" - None. The motion passed 5 to 0. OTHER BUSINESS -- The Council went into Executive Session at 9:40 p.m. to discuss the following: Section 551.074 - Personnel - Annual Evaluation of City Manager. r-- The Council returned from Executive Session at 11:05 p.m. ADJOURNMENT Meeting adjourned at 11:07 p. m. Minutes �pproved as submitted and/or corrected this the',OZ,e day of A. D., 1995. Tom Reid Mayor ATTEST: �1r �u YoyAnoa C. Beni ez City Secretary