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1994-07-11 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JULY 11, 1994, AT 7:30 P. M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order at 8:00 P. M. with the following present: Mayor Mayor Pro Tem/Councilmember Councilmember Councilmember Councilmember Councilmember City Manager Interim City Attorney City Secretary C. V. Coppinger David Smith D. A. Miller Richard Tetens Randy Weber Jerry Richardson Paul Grohman Susan Bickley Pat Jones Others in attendance: Division Director Glen Erwin, City Engineer John Hargrove, Chief of Police Mike Hogg, and Parks Director Ed Hersh. Mayor Coppinger apologized for the late start of the meeting, stating the zoning hearings had run over their allotted time. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Richardson. The Pledge of Allegiance was led by Councilmember Tetens. APPROVAL OF MINUTES It was moved by Councilmember Smith, seconded by Councilmember Tetens, that the minutes of the regular meeting of June 27, 1994, be approved as presented. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger stated the Fourth of July program was a success and expressed thanks to all involved. Police Chief Hogg was asked by Mayor Coppinger to comment on the DARE program. Chief Hogg stated the curriculum in the schools was very well received and thanked all for their support. Mayor Coppinger reported a meeting had been held with Congressman Tom DeLay regarding Clover Field and Mr. Delay gave his full support. Mayor Coppinger commented on the on-going activities of the Centennial Commission. Mayor Coppinger Bickley who was Attorney. introduced Susan Bickley of Abrams, Scott and sitting in for Barry Abrams as Interim City COUNCIL ACTIVITY REPORTS Councilmember Miller had nothing to report at this time. Councilmember Tetens commended the efforts of those involved with the Fourth of July celebration and noted that flags were placed around town. Councilmember Smith had nothing to report at this time. Councilmember Richardson commended the Parks Department for the holiday celebration. CITY MANAGER'S REPORT City Manager Grohman stated August 13th seems to be the most likely date for a day long working retreat. Mr. Grohman noted the flags were placed around town by the Exchange Club and recognized those members present in the audience. Recalling items from last meeting, Mr. Grohman informed the issue _ of the ferret has been settled and they can be allowed in the City limits as a domesticated animal provided they have been vaccinated. City Manager Grohman reported a citizen's request for speed bumps as a speed deterrent was not feasible and that reported problems with storm sewers were minor. The budget is being prepared, Mr. Grohman informed, with a lot of other projects going on throughout the City. When questioned by Councilmember Weber, Mr. Grohman responded to question about the sewer problem on Peach Circle. Mr. Grohman stated it had been referred to the attorney and added that part of the citizen's presentation had been inaccurate. Mayor Coppinger recognized Dorothy Burgett and Marvin Elam for their service on the Zoning Board of Adjustment and asked that their certificates be mailed to them as neither was present. CITIZENS 1. Stella Roberts, 2918 Green Tee. Mrs. Roberts, representing Clean Pearland, spoke abut the citations won by the Clean Pearland organization at the recent Keep Texas Beautiful Conference in Lubbock. Mrs. Roberts presented Mayor Coppinger with the awards given out at the conference. Mayor Coppinger asked that they be placed in the trophy case. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: None NEW BUSINESS AWARD OF BID NO. B94-8, STREET CLEANING AND SWEEPING Council considered bids received from Universal Services Company, Inc. and BFI. Over two years ago the City stopped cleaning streets, City Manager Grohman informed. The equipment, as well as its maintenance, is very costly, Mr. Grohman explained. It is felt privatization is preferable and Staff recommends award of bid to BFI, Mr. Grohman stated. The impact on the budget was discussed and Mr. Grohman stated ways to incorporate the expenditure into the budget are being considered but this avenue is less costly than buying and maintaining our own equipment. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Bid No. B94-8 be awarded to BFI. Discussion concerned the length of the contract and how the sweeping will be scheduled and billed. It was noted the parks will be done with this method and that contractors will still be responsible for cleaning streets where their construction has caused problems. Motion passed 5 to 0. ORDINANCE NO. 673, PROVIDING FOR AGREEMENT WITH STATE OF TEXAS FOR FLASHING BEACON SIGNAL AT FM 518 AND GRAND BOULEVARD Ordinance No. 673 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Tetens, that ordinance No. 673 be passed and approved on its first and only reading. City Manager Grohman informed the State had recommended a flashing light at this intersection due to the heavy traffic volume. Said ordinance No. 673 reads in caption as follows: ORDINANCE NO. 673 AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED JULY 11, 1994, BETWEEN THE STATE OF TEXAS AND THE CITY OF PEARLAND, TEXAS, FOR THE ILLUMINATION, CONSTRUCTION, EXISTENCE, USE, OPERATION, AND MAINTENANCE OF HIGHWAY TRAFFIC SIGNALS/ILLUMINATION AT THE LOCATION SHOWN ON EXHIBIT 1, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF PEARLAND, TEXAS; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY BECAUSE THE NEED OF IMMEDIATE INSTALLATION BEARS DIRECTLY AND, THEREFORE, INURES TO THE GENERAL HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Voting "Aye,' - Councilmembers Miller, Tetens, Smith, Weber, and Richardson. Voting "No" - None. Motion passed 5 to 0. AUTHORIZATION FOR CITY MANAGER TO PROCEED WITH CITY ENTRANCE SIGNS Referring to a drawing, City Manager Grohman discussed proposed entrance signs to the City. The Staff recommends purchasing two and placing one at FM 518 near SH 288 and one along Dixie Farm Road near the McGinnis Subdivision. The cost is approximately $15,000 each and $25,000 has been budgeted, Mr. Grohman explained. Clean Pearland will help defray the costs, Mr. Grohman reported. It was moved by Councilmember Richardson, seconded by Councilmember Miller, that the City Manager be authorized to proceed with the placement of city entrance signs. Discussion concerned type of sign, lighting, and donation of land for other possible sign sites such as SH 35 south from Alvin, SH 35 north from Houston, and FM 518 east from Friendswood. Motion passed 5 to 0. ORDINANCE NO. 674, NO -PASSING ZONE ON YOST ROAD Ordinance No. 674 was read in caption by Councilmember Richardson. It was moved by Councilmember Richardson, seconded by Councilmember Tetens, that Ordinance No. 674 be passed and approved on its first and only reading. City Manager Grohman informed this request came from a citizen. Police Chief Hogg stated that this portion of Yost does not have intersections which would establish automatic no -passing zones.. Said Ordinance No. 674 reads in caption as follows: ORDINANCE NO. 674 AN ORDINANCE ESTABLISHING A NO -PASSING ZONE PURSUANT TO ARTICLE 6701D, VERNON'S TEXAS CIVIL STATUTES, UPON YOST ROAD, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR PUBLICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH A NO -PASSING ZONE INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. RESOLUTION OF CLAIMS BY CHIEF OF POLICE City Manager Grohman stated as we discussed previously, we would like to get this behind us as well. It was one of my requests in settling my issues. Counsel to the Council, legal advisors, felt there needed to be a release which Chief Hogg has magnanimously wished to do and this is the formality of paying him back his $1,000 in legal fees and he has waived all claims from days gone bye. This was generated by the legal staff and we feel like it is appropriate, Mr. Grohman stated. Closing his remarks, Mr. Grohman expressed his satisfaction with Chief Hogg's job performance, saying that we don't need any source of irritation to continue. It was moved by Councilmember Smith, seconded by Councilmember Richardson, that Council authorize the Mayor to sign the release and contract of settlement with Chief Hogg. Motion passed 4 to 1, with Councilmember Miller voting no. RESOLUTION NO. R94-39, AUTHORIZING CITY MANAGER TO ENTER INTO A CONTRACT WITH TEXAS DEPARTMENT OF TRANSPORTATION FOR HUGHES ROAD ENVIRONMENTAL ASSESSMENT AND PRELIMINARY ENGINEERING Resolution No. R94-39 was read in caption by Councilmember Tetens. It was moved by Councilmember Tetens, seconded by Councilmember Richardson, that Resolution No. R94-39 be passed and approved on its first and only reading. City Manager Grohman stated this was the Hughes Road project that was submitted last year to H -GAC for funding. Funding from the State in the amount of $300,000 is available to be matched with $75,000 from the City, resulting in an 80%/20% grant. This is to do the engineering and environmental work on the project to tie the current Hughes Road which terminates just north of our city limits into FM 518. This will allow us access to Beltway 8 along Blackhawk, Beamer, and Hughes. A 130' right-of-way is planned, Mr. Grohman further explained, with four lanes and esplanades. It is hoped this will be a beautification area leading into the City. The project has taken nearly a year because of the State, Mr. Grohman stated. When the City was originally on the funding list, there were a lot of things happening with this particular issue. This was a new type of project for the State and the City, last July and August, asked the State to advise us of our role and this was reiterated last September and October, Mr. Grohman continued. In January it appeared the State would hire the engineers and about three weeks ago, we were advised, Mr. Grohman stated, by the State that they wished us to hire the engineers. There may be some small incidental costs but they will not exceed $20,000 on the State's part and $4,000 on ours, Mr. Grohman closed. Said Resolution No. R94-39 reads in caption as follows: RESOLUTION NO. R94-39 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING 92 THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR HUGHES ROAD ENVIRONMENTAL ASSESSMENT AND PRELIMINARY ENGINEERING. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and Richardson. Voting "No" - None. Motion passed 5 to 0. AUTHORIZATION FOR CITY MANAGER TO ADVERTISE A REQUEST FOR QUALIFICATION FOR CONSULTING ENGINEERING SERVICES FOR THE HUGHES ROAD PROJECT City Manager Grohman noted this is a requirement by the State. -- It was moved by Councilmember Weber, seconded by Councilmember Richardson, that the City Manager be authorized to advertise for qualifications for consulting engineering services for the Hughes Road project. Motion passed 5 to 0. AUTHORIZATION FOR CITY MANAGER TO DIRECT PLANNING DEPARTMENT TO INITIATE A SERVICE PLAN FOR THE ANNEXATION OF ALL TERRITORY LOCATED WITHIN CITY'S ETJ IN HARRIS COUNTY City Manager Grohman stated this was the initial phase in looking at annexing an area. This does not mean the City will be annexing large areas but rather Staff will be looking at a service plan for the total area. Councilmember Smith suggested the areas currently delineated were in error. Mr. Grohman stated this study would take some time to be done correctly and is the first step in planning for this area. It was moved by Councilmember Tetens, seconded by Councilmember Richardson, that the City Manager be authorized to have the Planning Department proceed with the initiation of a service plan. Motion passed 5 to 0. AUTHORIZATION FOR CITY MANAGER TO SELECT AND CONTRACT WITH CONSULTING ENGINEERING FIRM FOR BUCKHOLT ROAD AREA SANITARY SEWER SERVICE City Manager Grohman recalled that citizens had recently came to a meeting requesting sewer service in this area. This step is necessary to determine the amount of preliminary work and a price projection, Mr. Grohman stated. It is expected that the owner will halve the cost with the City, with the City's share being taken from the Utility fund. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that the City Manager be authorized to select and contract with a consulting engineering firm for Buckholt Road area sanitary sewer service. Motion passed 5 to 0. AUTHORIZATION FOR CITY MANAGER TO ENGAGE LAIRSON-STEPHENS-REIMER, P.C., TO RESEARCH CITY'S ETJ It was moved by Councilmember Smith, seconded by Councilmember Richardson, that the City Manager be authorized to engage Lairson- Stephens-Reimer, P.C., to research the City's ETJ. Motion passed 5 to 0. RESOLUTION NO. R94-40, SEEKING GRANT FUNDS FOR BICYCLE LANES AND SIDEWALKS ON EACH SIDE OF F.M. 518 FROM WESTMINISTER TO LIBERTY DRIVE Resolution No. R94-40 was read in caption by Councilmember Miller. 93 It was moved by Councilmember Miller, seconded by Councilmember Tetens, that Resolution No. R94-40 be passed and approved on its first and only reading. Said Resolution No. R94-40 reads in caption as follows: RESOLUTION NO. R94-40 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE TEXAS DEPARTMENT OF TRANSPORTATION UNDER THE ENHANCEMENT PROGRAM OF THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT FOR THE CONSTRUCTION OF ONE-WAY BICYCLE LANES AND SIDEWALKS ON EACH SIDE OF F.M. 518, FROM WESTMINISTER TO LIBERTY DRIVE, AND ALLOCATING MATCHING FUNDS FROM THE CITY OF PEARLAND. City Manager Grohman explained that Items No. 11, 12, 13, and 14 of the agenda were all separate components of the same project. While there is no guarantee that we will receive the grants, Mr. Grohman informed, it would be a huge step forward in our efforts to place sidewalks and bike paths around the City. The City would receive $.80 on the dollar with our local match being approximately $172,000 which would be appropriated out of next year's budget. It was moved by Councilmember Weber, seconded by Councilmember Richardson, that Items No. 11, 12, 13, and 14 be lumped together for purposes of passage by Council. Attorney Bickley advised this was permissible but the captions of each item would have to be read aloud. Motion to combine the items passed 5 to 0. RESOLUTION NO. R94-41, SEEKING GRANT FUNDS FOR BICYCLE LANES AND SIDEWALKS ON EACH SIDE OF F.M. 518 FROM LIBERTY DRIVE TO WOODCREEK DRIVE Resolution No. R94-41 was read in caption by Councilmember Smith. Said Resolution No. R94-41 reads in caption as follows: RESOLUTION NO. R94-41 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE TEXAS DEPARTMENT OF TRANSPORTATION UNDER THE ENHANCEMENT PROGRAM OF THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT FOR THE CONSTRUCTION OF ONE-WAY BICYCLE LANES AND SIDEWALKS ON EACH SIDE OF F.M. 518, FROM LIBERTY DRIVE TO WOODCREEK DRIVE, AND ALLOCATING MATCHING FUNDS FROM THE CITY OF PEARLAND. RESOLUTION NO. R94-42, SEEKING GRANT FUNDS FOR BICYCLE LANES AND SIDEWALKS ON EACH SIDE OF F.M. 518 FROM WOODCREEK DRIVE TO SUNSET MEADOWS DRIVE Resolution No. R94-42 was read in caption by Councilmember Richardson. Said Resolution No. R94-42 reads in caption as follows: RESOLUTION NO. R94-42 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE TEXAS DEPARTMENT OF TRANSPORTATION UNDER THE ENHANCEMENT PROGRAM OF THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT FOR THE CONSTRUCTION OF ONE-WAY BICYCLE LANES AND SIDEWALKS ON EACH SIDE OF F.M. 518, FROM WOODCREEK DRIVE TO SUNSET MEADOWS DRIVE, AND ALLOCATING MATCHING FUNDS FROM THE CITY OF PEARLAND. RESOLUTION NO. R94-43, SEEKING GRANT FUNDS FOR BIKEWAY/PEDESTRIAN FACILITY Resolution No. R94-43 was read in caption by Councilmember Weber. WA Said Resolution No. R94-43 reads in caption as follows: RESOLUTION NO. R94-43 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE TEXAS DEPARTMENT OF TRANSPORTATION UNDER THE ENHANCEMENT PROGRAM OF THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF THE CONSTRUCTION OF A BIKEWAY/PEDESTRIAN FACILITY AND ALLOCATING MATCHING FUNDS FROM THE CITY OF PEARLAND. It was moved by Councilmember Weber, seconded by Councilmember Smith, that Resolutions No. R94-40, R94-41, R94-42, and R94-43 be passed and approved on their first and only readings. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 9:06 P. M. Mayor Coppinger read from the posted agenda the following topic to be discussed in Executive Session: SECTION 551.074 - PERSONNEL - Discussion regarding appointment of one member to the Planning and Zoning Commission to fill the unexpired term of Barbara Lenamon. MEETING RETURNED TO EXECUTIVE SESSION AT 9:22 P. M. NEW BUSINESS: Continued ACCEPTANCE OF RESIGNATION OF BARBARA LENAMON FROM THE PLANNING AND ZONING COMMISSION AND APPOINTMENT OF ONE MEMBER TO FILL THIS UNEXPIRED TERM It was moved by Councilmember Tetens, seconded by Councilmember Weber, that the resignation of Barbara Lenamon from the Planning and Zoning Commission be accepted. Motion passed 5 to 0. It was moved by Councilmember Tetens, seconded by Councilmember Miller, that Peggy Mayfield be appointed to the Planning and Zoning Commission to fill the unexpired term of Barbara Lenamon. Motion passed 5 to 0. ADJOURNMENT The meeting adjourned at 9:24 P. M. Minutes approved as submitted and/or corrected this ;Z �J day of (, A. D., 1994. ATTEST: Pa -Jones,ty Secretary, TRMC w C. V. 17lb-piTiAger, Kayor