1995-08-28 CITY COUNCIL REGULAR MEETING MINUTESm
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TERAS, HELD ON AUGUST 28, 1995, AT 7:30 P. M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TERAS.
The meeting was called to order with the following present:
Mayor
Mayor Pro Tem/Councilmember
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Secretary
Tom Reid
Richard Tetens
Jerry Richardson
Randy Weber
Kevin Cole
Helen Beckman
Paul Grohman
Yolanda Benitez
Others in attendance: Assistant City Managers Richard Burdine and
Glen Erwin; Police Chief Mike Hogg; and City Engineer John
Hargrove.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Councilmember Cole, and the Pledge of
Allegiance was led by Councilmember Tetens.
APPROVAL OF MINUTES
It was moved by Councilmember Tetens and seconded by Councilmember
Richardson that the minutes of the regular meeting of August 14,
1995, 7:30 p.m., be approved as presented.
Motion passed 5 to 0.
MAYOR'S ACTIVITY REPORT
Mayor Reid expressed his appreciation to all present for their
faith in electing him to the office and noted that he was happy to
be back in the position. He reported that he had attended a
meeting last Thursday, August 24th, regarding the potential
withdrawal of windstorm coverage in Brazoria, Galveston and parts
of Harris counties.
COUNCIL ACTIVITY REPORTS
Councilmember Beckman reported that she had attended the Brazoria
County Cities Association (BCCA) meeting in Freeport on August
16th, and on August 23rd, she attended the dedication of the C.V.
"Vic" Coppinger YMCA building.
Councilmember Cole reported that he attended a legislative update
hosted by the Chamber of Commerce on August 16th and noted the
topics discussed, such as the Clear Creek issue, and the setting up
of a new drainage district, as well as other matters.
Councilmember Tetens reported that he also attended the BCCA
meeting in Freeport on August 16th.
Councilmember Weber reported that he attended the BCCA meeting in
Freeport on August 16th, as well as the C.V. "Vic" Coppinger YMCA
dedication on August 23rd.
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Councilmember Richardson noted that he had nothing to add to these
reports.
CITY MANAGER'S REPORT
City Manager Paul Grohman noted that several extensive written
reports had been provided to the Mayor and Council over the last
few weeks, so he had nothing to report at this time.
CITIZENS
1. Aaron Conway - 2516 S. Texas -- Mr. Conway addressed the
Council with regard to the swine ordinance due to the fact
that he is the owner of a potbelly pig. He asked that this
item be looked into with regard to changing the ordinance or
making a provision for owners of potbelly pigs to be allowed
to have them within the city limits of the City of Pearland.
2. John "Mickey" Mark - 2029 Isla Drive -- Mr. Mark addressed the
Council on behalf of the Historical Society for the City of
Pearland. He noted that the Historical Society, along with
the Parks & Recreation Department, has taken on a project
which involves the refurbishing of the Old Settlers Cemetery.
Mr. Mark pointed out that the cemetery has been designated as
a historical site. He congratulated Ed Hersh, Parks &
Recreation Director, for the outstanding work his staff is
doing on the upkeep of the cemetery. Mr. Mark then presented
Ed Hersh with a check for $600 to be used for planting of
trees in the cemetery. He also pointed out that the
Historical Society has pledged $4,000 towards the refurbishing
of the cemetery.
3. L. B. Lyons - 5013 Apple Springs -- Mr. Lyons addressed the
Council with regard to the establishment of an ordinance which
will allow the installation of speed control bumps in the
South Corrigan subdivision. He asked that City Manager
Grohman and Police Chief Mike Hogg investigate this and
provide him with an answer.
4. Frances Jamison - Hwy. 518 -- Mrs. Jamison addressed the
Council regarding the judgment against the Jamison homestead.
She asked that the Council review the material which she
provided them and provide her with a response with regard to
dropping the judgement against her property. The Mayor
instructed City Manager Grohman to provide Mrs. Jamison with
a response to her request, and Mr. Grohman noted that this
would be handled upon the City Attorney's return from vacation
in one week.
Delores Fenwick - 1910 Washington Irving -- Mrs. Fenwick
pointed out to the Council that they had previously received
the annual report for Clean Pearland and noted the drastic
reduction in street littering. She also reported on the
upcoming events that Clean Pearland will be sponsoring such
as: the Caboose Dedication on September 4 at 10:00 a.m., the
Community Cleanup on September 9, and the Clean Pearland
Annual Meeting on October 16 at 7:00 p.m. Mrs. Fenwick
explained a new program that Clean Pearland will be initiating
on September 18, which will be called "Bin Bingo". This
program consists of awarding $100 weekly to a randomly
selected local resident who puts recyclables at the curb
correctly. They have budgeted enough funds to have this
program funded for one year.
Councilmember Beckman noted that the City staff is responsible
for cleaning up John Lizer Road on Community Cleanup Day, and
she challenged the rest of the Council to participate in this
project. She also commended Delores Fenwick and her group for
the great job they have done.
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Mayor Reid also offered his commendations to Stella Roberts,
Fran Coppinger, and Catherine O'Brien for their participation
in all of the efforts undertaken by the Clean Pearland
organization.
DOCKETED PUBLIC HEARINGS: None
UNFINISHED BUSINESS:
ORDINANCE NO. 528-6 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TERAS, 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.
Councilmember Cole voiced several concerns he had with regard to
this ordinance as follows: 1) the City of Temple has confirmed that
a man was killed by an Emu; 2) a local veterinarian has stated that
Emus are an aggressive animal during mating season, and he found it
hard to believe that the City of Pearland was allowing Emus into
the City; 3) Councilmember Cole inquired: "where is the direction
of our City going?" and noted that the City of Pearland is no
longer a farm and ranch community; and, 4) the ordinance is being
legislated for only one Emu grower.
Councilmember Cole made a motion to table Ordinance No. 528-6,
seconded by Councilmember Richardson.
Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber, and
Richardson.
Voting "No" - None.
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The motion passed 5 to 0.
NEW BUSINESS
AWARD OF BID NO. B95-17 - CITY HALL ROOF REPLACEMENT AND RELATED
WORK
City Manager Grohman noted that the low bid was received from W. F.
Hawk Roofing and Sheet Metal, Inc. in the amount of $23,900. He
requested that the City Council award this bid to the low bidder.
Councilmember Tetens made a motion to award B95-17 to W. F. Hawk
Roofing and Sheet Metal, Inc. in the amount of $23,900, and the
motion was seconded by Councilmember Richardson.
Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole, and
Beckman.
Voting "No" - None.
Motion passed 5 to 0.
AWARD OF BID NO. B95-18 - TELESCOPIC BOOM EXCAVATOR
City Manager Grohman requested that this item be tabled until the
next meeting because of lack of information.
Councilmember Richardson made a motion to table award of Bid No.
B95-18, seconded by Councilmember Cole.
Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber and
Richardson.
Voting "No" - None.
Motion passed 5 to 0.
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RESOLUTION NO. R95-52 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TERAS, AUTHORIZING THE CITY MANAGER TO APPLY FOR
AND EXECUTE ALL AGREEMENTS RELATED TO THE EMERGENCY MANAGEMENT
LOCAL PROJECTS GRANT PROGRAM AND COMMITTING THE NECESSARY
RESOURCES.
City Manager Grohman explained that these funds would basically be
used for the purpose of recovering costs for personnel in emergency
management. The funds will be used for one full-time clerk, half
salary for the Fire Marshal, and half salary for the Emergency
Manager.
Councilmember Beckman moved that Resolution No. R95-52 be approved,
seconded by Councilmember Richardson.
Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber, and
Richardson.
Voting "No" - None.
The motion passed 5 to 0.
RESOLUTION NO. R95-53 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO APPLY FOR
AND EXECUTE ALL AGREEMENTS RELATED TO THE FLOOD PROTECTION PLANNING
PROGRAM UNDER THE TEXAS WATER DEVELOPMENT BOARD RESEARCH AND
PLANNING FUND AND COMMITTING THE NECESSARY RESOURCES.
City Engineer John Hargrove made a presentation to the Council
regarding this item. He noted that the funds will be used to tie
in the citywide drainage plan with the Clear Creek Drainage Plan to
develop realistic downstream water surfaces for water drainage. He
also reported that the firm of Carter & Burgess will be making the
application on behalf of the City, upon approval by Council.
Councilmember Tetens made a motion that Resolution No. R95-53 be
approved, and the motion was seconded by Councilmember Richardson.
Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole and
Beckman.
Voting "No" - None.
The motion passed 5 to 0.
ORDINANCE NO. 698 - AN APPROPRIATION ORDINANCE ADOPTING A BUDGET
FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1995, AND ENDING SEPTEMBER
30, 1996.
Councilmember Weber made a motion to approve Ordinance No. 698 on
first reading, seconded by Councilmember Tetens.
Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber, and
Richardson.
Voting "No" - None
The motion passed 5 to 0.
ORDINANCE NO. 699 - AN ORDINANCE LEVYING TAXES FOR THE USE AND
SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS,
AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR
1995, AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE.
Councilmember Richardson moved for the approval of Ordinance No.
699 on its first reading, seconded by Councilmember Tetens.
Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole, and
Beckman.
Voting "No" - None
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The motion passed 5 to 0.
ORDINANCE NO. 702 - AN APPROPRIATION ORDINANCE APPROVING THE
ADOPTION OF THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION ESTIMATED
BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1994 AND ENDING
SEPTEMBER 30, 1995, AND THE PROPOSED BUDGET FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1995, AND ENDING SEPTEMBER 30, 1996, AND
AUTHORIZING EXPENDITURES IN ACCORDANCE WITH THE CORPORATE BYLAWS OF
THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION.
Councilmember Beckman made a motion to approve the adoption of
Ordinance No. 702 on its first reading, seconded by Councilmember
Cole.
City Manager Grohman explained that this would be the only time
that the Pearland Economic Development Corporation's budget would
be acted on by itself, as it will be included with the City's
budget in the future.
Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber and
Richardson.
Voting "No" - None.
Motion passed 5 to 0.
ORDINANCE NO. 700 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, REPEALING, IN ITS ENTIRETY, ARTICLE XIV, PARADES
AND PROCESSIONS, OF CHAPTER 29, TRAFFIC, OF THE CODE OF ORDINANCES
OF THE CITY OF PEARLAND, TEXAS, AS IT MAY HAVE BEEN, FROM TIME TO
TIME, AMENDED, HAVING A REPEALER CLAUSE, A SAVINGS CLAUSE AND A
SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE.
Councilmember Cole moved that Ordinance No. 700 be repealed on
first reading, seconded by Councilmember Richardson.
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Police Chief Mike Hogg made the presentation to the Council
concerning the repealing of Ordinance No. 700 and the adoption of
Ordinance No. 701. He presented six proposed parade routes for the
Council to consider. Chief Hogg noted that these alternate routes
will serve to free up Hwy. 518, as well as Hwy. 35. He also noted
that the Police Department will be responsible for approving all
parades, collecting fees, monitoring the parades, and providing
safety measures.
Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber and
Richardson.
Voting "No" - None.
Motion passed 5 to 0.
ORDINANCE NO. 701 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, CREATING A NEW ARTICLE XIV, PARADES AND
PROCESSIONS, OF CHAPTER 29, TRAFFIC, OF THE CODE OF ORDINANCES OF
THE CITY OF PEARLAND, TEXAS, ESTABLISHING PARADE ROUTES AND PERMIT
PROCEDURES; PROVIDING DEFINITIONS; REQUIRING FEES FOR COMMERCIAL
PARADES AND INSURANCE CERTIFICATES; PROVIDING RULES AND REGULATIONS
FOR ENFORCEMENT AND A PENALTY FOR VIOLATION; HAVING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FORS',
CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
Councilmember Tetens made a motion to approve Ordinance No. 701 on
first reading. The motion was seconded by Councilmember Cole.
Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole and
Beckman.
Voting "No" - None.
Motion passed 5 to 0.
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AUTHORIZING THE CITY MANAGER TO RESTRUCTURE THE ADMINISTRATION OF
THE PEARLAND VOLUNTEER FIRE DEPARTMENT, THE DEPARTMENT OF EMERGENCY
SERVICES, THE DEPARTMENT OF FINANCE, AND THE DEPARTMENT OF WATER
AND SEWER ACCOUNTING AND COLLECTION.
City Manager Grohman explained the necessity for combining the
Volunteer Fire Department and the Department of Emergency Services,
and noted that this will be headed up by David Smith, Emergency
Management Coordinator.
Mr. Grohman then explained the correlation between the Department
of Finance and the Department of Water & Sewer Accounting and
Collection, and the necessity for combining these two departments
under the Department of Finance.
Councilmember Cole made a motion to authorize the City Manager to
restructure the administration of the Pearland Volunteer Fire
Department, the Department of Emergency Services, the Department of
Finance, and the Department of Water & Sewer Accounting and
Collection. The motion was seconded by Councilmember Beckman.
Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber and
Richardson.
Voting "No" - None.
Motion passed 5 to 0.
RESOLUTION NO. R95-54 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO RENEW AND
EXTEND, FOR A PERIOD OF ONE YEAR, THE AGREEMENT, INCORPORATED
HEREIN FOR ALL PURPOSES AS EXHIBIT "A", BY AND BETWEEN THE CITY OF
PEARLAND AND THE CLEAN PEARLAND COMMUNITY COMMITTEE TO PROMOTE
RECYCLING.
City Manager Grohman explained that this was a one-year extension
on the agreement. He noted that the waste collection contract will
be reviewed within the next year for possible coordination with
Clean Pearland's agreement.
Councilmember Weber complimented Delores Fenwick and the entire
Clean Pearland organization for their efforts in cleaning up the
City of Pearland.
Councilmember Weber moved for the approval of Resolution No. R95-
54, seconded by Councilmember Richardson.
Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole and
Beckman.
Voting "No" - None.
Motion passed 5 to 0.
COUNCIL APPOINTMENT OF TOM REID, MAYOR, AS COUNCIL REPRESENTATIVE
TO THE HOUSTON-GALVESTON AREA COUNCIL GENERAL ASSEMBLY.
City Manager Grohman explained that it is customary for the Mayor
and Mayor Pro Tem to serve on this general assembly; therefore, due
to the death of former Mayor Coppinger, there is a vacancy which
should be occupied by Mayor Reid.
Mayor Reid noted that he had first been appointed to the Houston -
Galveston Area Council General Assembly in 1973 and served for 16
years; having served as President in 1983.
Councilmember Richardson moved to approve the appointment of Mayor
Tom Reid as the Council representative to the Houston -Galveston
Area Council General Assembly. The motion was seconded by
Councilmember Cole.
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OTHER BUSINESS -- None.
ADJOURNMENT
Meeting was adjourned at 8:52 p.m.
Minut s a rov d as submitted and/or corrected this the ll[ day
of , A. D., 1995.
W=
Tom Reid
Mayor
ATTEST:
Yo arida C. Benit z l/
City Secretary