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1994-06-13 CITY COUNCIL REGULAR MEETING MINUTES74 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JUNE 13, 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 Mayor Pro Tem/Councilmember Councilmember Councilmember Councilmember City Manager Interim City Attorney City Secretary C. V. Coppinger David Smith D. A. Miller Randy Weber Jerry Richardson Paul Grohman Barry Abrams Pat Jones Absent from the meeting: Councilmember Richard Tetens. Others in attendance: Division Directors Glen Erwin and Richard Burdine, City Engineer John Hargrove, Police Chief Mike Hogg, and Fire Marshal Larry Steed. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Chief Hogg. The Pledge of Allegiance was led by Councilmember Richardson. APPROVAL OF MINUTES It was moved by Councilmember Smith, seconded by Councilmember Richardson, that the minutes of the meeting of May 23, 1994, be approved as submitted. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger recognized Helen Beckman for past service on the Planning and Zoning Commission. Others recognized for their contributions who were not present were Planning and Zoning members Richard Tetens and Jack Womack and Zoning Board of Adjustment members Hank Clore, Gene Wasek, and Glenn Garrison. Mayor Coppinger commented favorably on the tree dedication ceremony held on June 8, the joint workshop held with the School Board on June 9, and the presentation made by Teen Court at the workshop. Mayor Coppinger stated the City picnic held on June 11 was a success and commended those employees who helped in the preparations. Mr. Coppinger read a letter of thanks from David Christensen, Director of Pearland Schools' Transportation Department, addressed to the Police Department for its assistance during the school year. Mayor Coppinger reminded H -GAC will hold a workshop for newly elected officials and encouraged attendance. Closing his report, Mayor Coppinger asked for reports from: City Manager Grohman on the status of the financial workshop, the Council retreat, and the state of the "Y" road; Councilmember Miller on Brazoria County Cities Association; and Councilmember Smith on Emergency Medical Service week. COUNCIL ACTIVITY REPORTS Councilmember Miller reported his attendance at the two workshops held at the high school and stated he felt the shared communication between the District and the City was beneficial. Mr. Miller reported he was honored to be a delegate at the Republican State Convention in Ft. Worth on June 10 and 11. Brazoria County Cities Association, known as BCCA, will be hosted by the City of Manvel this month, Councilmember Miller informed, with the meeting being held in Pearland's Methodist Church. Mr. Miller encouraged attendance at this monthly meeting of some nineteen Brazoria County cities. Councilmember Smith reported his attendance at the workshops and the City picnic. Mr. Smith reported he has already met with two cities, and will meet with Brookside village this week, encouraging these entities to participate in the combining of the two northern road districts. It is hoped a road bond issue can be put before the voters for major thoroughfares in the northern end of the county, Councilmember Smith informed. Closing his report, Councilmember Smith related that National EMS Week will be observed soon and praised the efforts of the volunteers who work well with the paid personnel. Councilmember Weber reported his attendance at the workshops and noted that Albertson's Grocery is reported to be considering the State for sites. Mr. Weber suggested a letter be sent proposing the vacated site at FM 518 and Liberty Drive. Councilmember Richardson reported his attendance at the joint meeting with the School District and stated many good ideas were discussed, among them the proposed bus trip to visit other entities. Business opportunities, such as the grocery store, are needed, Mr. Richardson agreed. CITY MANAGER'S REPORT City Manager Grohman reported the "Y" road will be ready for bid in approximately two weeks with construction likely beginning in early September. Mr. Grohman suggested the financial workshop be held before the _ next regular Council meeting on June 27 with the auditors present. A bus trip rather than a retreat was proposed at the joint workshop, Mr. Grohman informed. If and when a Council retreat is held, some time will be needed to get a good facilitator, Mr. Grohman continued, noting that he would be getting in touch with Councilmembers to find out their respective wishes. CITIZENS 1. Will Wear, 2402 Jacquelyn. Mr. Wear spoke about the City's policy on disposing of dead animals, stating that it was not made readily available to him when he called. This lack of knowledge put him and his family at an inconvenience, Mr. Wear reported. Closing his remarks, Mr. Wear asked again about a pedestrian footbridge on Old Alvin Road over Mary's Creek. 2. Bill Hubbard, 2255 N. Hatfield. Mr. Hubbard requested the City to consider changing its policy of not allowing emus within the City limits. 3. Robert Thompson, 1116 Nancy. Mr. Thompson requested Council to consider the possibility of installing a gravity flow sewer line to the lift station by Rustic Oaks Elementary School. 4. Lori Guyton, 2306 Peach Court. Ms. Guyton spoke about sewage backing up in her home. 5. Peggy Mayfield Roger, 2119 N. Austin. Ms. Roger spoke in behalf of the Exchange Club and encouraged everyone to observe June 14, Flag Day. DOCKETED PUBLIC HEARINGS: None CHANGE IN THE ORDER OF BUSINESS Councilmember Smith recommended Council consider Item No. 9 under New Business so that there might be legal representation during the HE meeting. NEW BUSINESS ACCEPTANCE OF RESIGNATION OF CITY ATTORNEY AND ASSISTANT CITY ATTORNEY; NAMING OF INTERIM REPLACEMENT; AND SOLICITING PROPOSALS OR APPLICATIONS OF EMPLOYMENT FOR CITY ATTORNEY Mayor Coppinger thanked City Attorney Dick Gregg, noting that he came to the City during difficult circumstances and worked with us several months. He is ready to move on, Mayor Coppinger informed, and we wish him well. City Manager Grohman recommended Mr. Gregg's resignation be accepted, the firm of Abrams Scott & Bickley be appointed as Interim City Attorney, and Staff be given authorization to solicit proposals or applications for a city attorney. Mr. Grohman discussed the merits of an in-house attorney or a firm able to accommodate the City's needs. It was moved by Councilmember Weber, seconded by Councilmember Miller, that the resignations of Dick Gregg, Jr. and Dick Gregg, III, as City Attorney and Assistant City Attorney, respectively, be accepted. Motion passed 4 to 0. It was moved by Councilmember Weber, seconded by Councilmember Richardson, that the firm of Abrams Scott & Bickley be named as Interim City Attorney. Motion passed 4 to 0. Barry Abrams of Abrams Scott & Bickley assumed the chair of legal counsel and was welcomed by Mayor Coppinger. It was moved by Councilmember Smith, seconded by Councilmember Weber, that Staff be authorized to investigate the need for a full- time Staff attorney or, if a firm is to be used, to see what firm is available. Motion passed 4 to 0. AUTHORIZATION FOR CITY MANAGER TO SEEK PROPOSALS FOR APPRAISAL AND ENVIRONMENTAL ASSESSMENT OF CLOVER FIELD Mayor Coppinger asked that this item, New Business, No. 5, be considered at this time as there were many in the audience interested in this subject. Mayor Coppinger asked them to stand and be recognized. Citizen Input• 1. Al Johnson, Chairman, Pearland Hobby Chamber of Commerce. Mr. Johnson stated the Board of Directors of the Chamber feels Council should have the most complete information possible and that this site will be a future industrial airpark. 2. Danny Perkins, Member of Chamber of Commerce. Mr. Perkins stated he is a pilot and an aviation planner. Mr. Perkins discussed area growth, economic impact, and possible funding for capital improvements for the airport. Council discussed funding and the steps to be taken in the process which are an economic feasibility study, a master plan, an environmental assessment, and needed capital improvements within FAA guidelines. It was moved by Councilmember Smith, seconded by Councilmember Richardson, that the City Manager be authorized to seek proposals for appraisal and environmental assessment of Clover Field. Motion passed 4 to 0. 77 UNFINISHED BUSINESS ORDINANCE NO. 509-50, AMENDING LAND USE ORDINANCE, REQUEST OF ROBERT THOMPSON, OWNER, SPECIFIC USE PERMIT TO ALLOW ANIMAL HUSBANDRY IN AN R-1 ZONE Ordinance No. 509-50 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Richardson, that Ordinance No. 509-50 be passed and approved on its second and final reading. Said Ordinance No. 509-50 reads in caption as follows: ORDINANCE NO. 509-50 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 ANIMAL HUSBANDRY IN A SINGLE FAMILY DWELLING DISTRICT (R-1) ON 19.5704 ACRES OUT OF LOTS 81 & 82 OF THE GEORGE W. JENKINS SUBDIVISION, W.D.C. HALL SURVEY, ABSTRACT 70, PEARLAND, BRAZORIA COUNTY, TEXAS (3500-3600 DIXIE FARM ROAD), AT THE REQUEST OF ROBERT L. THOMPSON, OWNER; 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 Weber, Richardson, Smith, and Miller. Voting "No" - None. Motion passed 4 to 0. ORDINANCE NO. 509-51, AMENDING LAND USE ORDINANCE, AT REQUEST OF BILL NOLES, OWNER, FROM R-2 TO C Ordinance No. 509-51 was read in caption by Councilmember Richardson. It was moved by Councilmember Richardson, seconded by Councilmember Smith, that Ordinance No. 509-51 be passed and approved on its second and final reading. Said Ordinance No. 509-51 reads in caption as follows: ORDINANCE NO. 509-51 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 20 ACRES, BEING LOTS 24 & 25 OF THE SUBDIVISION OF SECTION 6, H.T. & B.R.R. SURVEY, ABSTRACT 544, PEARLAND, BRAZORIA COUNTY, TEXAS (1780 HATFIELD ROAD) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) TO COMMERCIAL (C) AT THE REQUEST OF BILL NOLES, 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, Smith, and Miller. Voting "No" - None. Motion passed 4 to 0. NEW BUSINESS RATIFICATION OF CITY MANAGER'S APPOINTMENT OF ONE MEMBER TO THE CIVIL SERVICE COMMISSION City Manager Grohman asked Council to ratify his appointment of Barbara Bamburg to the Civil Service Commission, stating her qualifications were outstanding. It was moved by Councilmember Richardson, seconded by Councilmember Smith, that Barbara Bamburg be appointed to the Civil Service Commission. Motion passed 4 to 0. Mayor Coppinger recognized Mrs. Bamburg from the audience and she was given a round of applause. RESOLUTION NO. R94-33, REPEALING RESOLUTION NO. R94-13, AUTHORIZING WATER AND SEWER SERVICE AGREEMENT BETWEEN FRIENDSWOOD AND PEARLAND Resolution No. R94-33 was read in caption by Councilmember Miller. It was moved by Councilmember Miller, seconded by Councilmember Smith, that Resolution No. R94-33 be passed and approved on its first and only reading. Said Resolution No. R94-33 reads in caption as follows: RESOLUTION NO. R94-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING RESOLUTION NO. R94-13 AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT AND AGREEMENT BY AND BETWEEN THE CITY OF PEARLAND AND THE CITY OF FRIENDSWOOD FOR THE PROVISION OF WATER AND SEWER SERVICE. Council discussed extending the term of the contract to avoid paperwork each year. Voting "Aye" - Councilmembers Miller, Smith, Weber, and Richardson. Voting "No" - None. Motion passed 4 to 0. RESOLUTION NO. R94-34, REGARDING PEARLAND INDUSTRIAL DEVELOPMENT CORPORATION, PEARLAND MINI -STORAGE PROJECT It was moved by Councilmember Weber, seconded by Councilmember Richardson, that this item be postponed until a later date. Motion passed 4 to 0. AUTHORIZATION TO BID OIL AND GAS LEASE COVERING 0.7056 ACRES OWNED BY CITY OF PEARLAND AND LOCATED IN THE W.D.C. HALL SURVEY, A-23, HARRIS COUNTY, TEXAS Division Director Erwin explained a request had been received to acquire an oil and gas lease on this land and Staff requests Council's permission to bid this project. It was moved by Councilmember Weber, seconded by Councilmember Richardson, that authorization be given to bid an oil and gas lease covering 0.7056 acres owned by the City and located in the W.D.C. Hall Survey, A-23, Harris County, Texas. Motion passed 3 to 0, with Councilmember Smith abstaining. ACCEPTANCE OF BLOCKBUSTER ADDITION City Engineer Hargrove stated this was part of the original Safeway tract near Orange and Main which had been put into three tracts of commercial property. Water, sewer, and detention work has been done, Mr. Hargrove said, and approval is recommended. I It was moved by Councilmember Weber, seconded by Councilmember Richardson, that Blockbuster Addition be accepted. Motion passed 4 to 0. COUNCIL BRIEFING ON ANNEXATION PROCEDURES AND DIRECTION TO CITY MANAGER FOR PREPARATION OF A SERVICE PLAN FOR 72.23 ACRES LOCATED SOUTH OF WEST OAKS SUBDIVISION Division Director Burdine explained the procedures for annexation as outlined by former City Attorney Gregg. The property in question lies south of West Oaks Subdivision and Carleston Elementary School, Mr. Burdine informed. It will be known as West Oaks Sections III and V. Council discussed the particulars of annexation proceedings and the service plan for this area. Mr. Burdine explained the developer will install the water and sewer lines and then dedicate them to the City for maintenance. It was noted impact fees will be collected on future development. It was moved by Councilmember Smith, seconded by Councilmember Richardson, that the City Manager prepare a service plan for the 72.23 acres located south of the West Oaks Subdivision for annexation into the City of Pearland. Motion passed 4 to 0. RESOLUTION NO. R94-35, AUTHORIZING CITY MANAGER TO EXECUTE AN AGREEMENT TO DONATE LAND FOR CENTENNIAL BOULEVARD BY AND BETWEEN THE CITY AND THE SETTEGAST FAMILY Resolution No. R94-35 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Richardson, that Resolution No. R94-35 be passed and approved on its first and only reading. Said Resolution No. R94-35 reads in caption as follows: RESOLUTION NO. R94-35 RESOLUTION AUTHORIZING THE CITY MANAGER, SUBJECT TO CERTAIN CHANGES AND MODIFICATIONS TO THE ATTACHED EXHIBIT, TO EXECUTE ON BEHALF OF THE CITY AN AGREEMENT TO DONATE LAND FOR THE CITY OF PEARLAND CENTENNIAL BOULEVARD BY AND BETWEEN THE CITY, AS GRANTEE, AND THE WARREN E. SETTEGAST,TRUST AND THE WARREN E. SETTEGAST 1971 TRUST THROUGH JOSEPH R. SHANNON, JR., TRUSTEE AND THE ROSBARRIE S. LANGDON TRUST THROUGH ROSBARRIE S. LANGDON, TRUSTEE, ROSBARRIE S. LANGDON, INDIVIDUALLY, CARLITA S. LAURENT, JENNIE S. SMITH, SANDRA S. ABADIE, MARION E. SETTEGAST, III, CARLITA S. SEALY, INDIVIDUALLY AND AS THE SETTEGAST PARTNERSHIP, AS GRANTORS. Mayor Coppinger explained the City is accepting a donation of land from FM 518 to Clear Creek which will be the first connection from Hughes Road to FM 518 and will be known as Centennial Boulevard. The Settegast family has requested that any costs for surveying and similar expenses be paid by the City. They have also requested the fee in the amount of $250 for any rezoning request be waived. The -- family will execute an agreement for a full donation which is acceptable to the State of Texas. Negotiations are being held with the Dissen family for the other needed tract and it is hoped this item will be on the next Council agenda. Other aspects of the agreement were discussed. Voting "Aye" - Councilmembers Richardson, Weber, Smith, and Miller. Voting "No" - None. Ll�"w Motion passed 4 to 0. OTHER BUSINESS: None ADJOURNMENT The meeting adjourned at 9:22 P. M. Min s approved as submitted and/or corrected this ..Z day of A. D., 1994. C. Co p' er, Ma r ATTEST: Pa Jones,ty Secretary, TRMC