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1994-07-25 CITY COUNCIL REGULAR MEETING MINUTES100 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JULY 25, 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 Councilmember Councilmember Councilmember Councilmember City Manager Interim City Attorney City Secretary C. V. Coppinger D. A. Miller Richard Tetens Randy Weber Jerry Richardson Paul Grohman Barry Abrams Pat Jones Others in attendance: Division Director Richard Burdine, City Engineer John Hargrove, Parks Director Ed Hersh, and Police Chief Mike Hogg. Absent from the meeting: Councilmember David Smith and Division Director Glen Erwin. 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 Tetens, seconded by Councilmember Miller, that the minutes of the joint public hearings of July 11, 1994, be approved as submitted. Motion passed 4 to 0. It was moved by Councilmember Tetens, seconded by Councilmember Miller, that the minutes of the regular meeting of July 11, 1994, be approved as submitted. Motion passed 4 to 0. It was moved by Councilmember Miller, seconded by Councilmember Weber, that the minutes of the special meeting of July 18, 1994, be approved as submitted. Motion passed 2 to 0, with Councilmembers Richardson and Tetens abstaining as they were not present at this meeting. When asked by Mayor Coppinger if there were a sufficient number of votes cast to approve the minutes, Interim City Attorney Abrams advised that he felt there were but he would make a final determination after doing some research. If the vote is insufficient, Mr. Abrams stated, the minutes can be put back on the next agenda for approval. It was moved by Councilmember Miller, seconded by Councilmember Weber, that the minutes of the public hearing of July 18, 1994, be approved as submitted. Motion passed 2 to 0, with Councilmembers Tetens and Richardson abstaining as they were not present at this meeting. MAYOR'S ACTIVITY REPORT Mayor Coppinger recognized Barbara Lenamon for her service on the Planning and Zoning Commission. Ms. Lenamon was not present and Mayor Coppinger asked that the certificate be mailed to her. 101 Assisted by City Manager Grohman and Police Chief Hogg, Mayor Coppinger proclaimed August 2, 1994, as "National Night Out." Crime Prevention Officer Matt Zepeda read the proclamation and explained the purpose of this yearly event. Officer Zepeda noted the number of residential burglaries was down almost 50% over the last few years and stated he felt these annual block parties where neighbors get to know each other were a big deterrent. Chief Hogg commended Officer Zepeda for his efforts and informed that Mr. Zepeda is currently Second Vice President of Texas Crime Prevention Officers of the State of Texas. Mayor Coppinger read a letter from a citizen in which Officer Sonny Atkins was commended for his work at an accident scene. A letter from Harris County Community Development Agency was read which notified the City of an award of grant funds in the amount of $243,535 for sewer improvements. City Manager Grohman noted the City's matching portion of $22,750 is less than 10%. These improvements will extend the existing city sanitary sewer system into the City's unsewered areas located north of Hickory Slough between Hatfield and Woody Roads. Mayor Coppinger reported he and City Manager Grohman met with representatives from Gulf Coast Water Authority and discussed the City's eventual necessity to go to surface water. COUNCIL ACTIVITY REPORTS Councilmember Miller reported his attendance at the July 20 meeting of the Brazoria County Cities Association. Councilmember Tetens had nothing to report at this time. Councilmember Weber reported his attendance at the Ministerial Alliance meeting on July 12, the Chamber's Leadership Council meeting on July 14, and BCCA on July 20. Mr. Weber reported he will be attending TML's conference in Amarillo. Councilmember Richardson reported his attendance at the Chamber's Leadership Council meeting as well as the Ministerial Alliance meeting. CITY MANAGER'S REPORT City Manager Grohman elaborated on the grant funds for sewer improvements and the City's eventual need to go to surface water. A tentative budget calendar was distributed to Council with a workshop date of August 1 under consideration. H -GAC has given preliminary approval of an environmental and engineering study of Dixie Farm Road, Mr. Grohman informed. This road has long served as a major artery for City traffic although it is not officially recognized as such. This preliminary approval sets the tone for federal funding, Mr. Grohman stated, with the desired widening project estimated to be approximately $13-14 million dollars. Staff is nearing completion of the proposed budget, City Manager Grohman reported, and the tax rate will go down for the third year in a row. Mr. Grohman discussed a proposed one half cent sales tax explaining how it could be beneficial to the community by using some of the monies generated to actively recruit industrial development in the area. Closing his report, Mr. Grohman informed that the timeframe for the Centennial Park bid will be slowed due to some preliminary work still being done by Drainage District No. 4. CITIZENS: None 102 DOCKETED PUBLIC HEARINGS PURPOSE OF THE HEARING - TO CONSIDER THE PROPOSED ANNEXATION OF 72.23 ACRES OF LAND LOCATED SOUTH OF WEST OAKS SUBDIVISION. STAFF REVIEW OF SERVICE PLAN City Manager Grohman recalled the previous public hearing on this subject and discussed the services to be provided. PERSONS WISHING TO GIVE INPUT: None QUESTION AND ANSWER PERIOD There was no additional discussion. UNFINISHED BUSINESS: None NEW BUSINESS ORDINANCE NO. 509-52, AMENDING LAND USE ORDINANCE AT REQUEST OF R.I. ELLIS, JR., OWNER/AGENT Ordinance No. 509-52 was read in caption by Councilmember Richardson. It was moved by Councilmember Richardson, seconded by Councilmember Tetens, that Ordinance No. 509-52 be passed and approved on its first of two readings. Said Ordinance No. 509-52 reads in caption as follows: ORDINANCE NO. 509-52 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 OLD ALVIN ROAD AND HALIK ROAD FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO MULTI -FAMILY DISTRICT (MF), AT THE REQUEST OF R. I. ELLIS, JR., OWNER/AGENT; 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, Tetens, and Miller. Voting "No" - None. Motion passed 4 to 0. AUTHORIZATION FOR CITY MANAGER TO DIRECT THE PLANNING DEPARTMENT TO INITIATE A SERVICE PLAN FOR ANNEXATION OF FM 518 CORRIDOR FROM WEST CITY LIMIT TO SH 288 Council discussed the benefits of orderly growth with this proposed annexation. City Manager Grohman informed a service plan would be developed and brought before Council for its decision on method of annexation. It was moved by Councilmember Richardson, seconded by Councilmember Tetens, that the City Manager be authorized to direct the Planning Department to initiate a service plan for the annexation of the FM 518 corridor from the west city limit line to SH 288. AWARD OF BID NO. B94-9, OIL AND GAS LEASE Citizen Input: 1. David Drew, 3028 Green Tee. Mr. Drew presented Council with a list of questions to be addressed regarding award of this bid. Mr. Drew suggested this item be tabled and a committee formed to study the impact of an oil well in this area. 2. Maurice Casey, 2912 Green Tee. Mr. Casey stated the proposed site is directly across from his house and voiced his objection to award, stating it would lower property values in this residential area. 3. Catherine O'Brien, 3010 Country Club. Mrs. O'Brien introduced an aerial photo of the site and discussed ownership of the tracts in and around the site, informing the deeds were not clear. Mrs. O'Brien stated the streets in this residential area would be damaged, and closing her remarks, asked Council to table this item. twao/(Z� 4. Bob Lewis, 2404 Country Club. Mr..--cE voiced his objection to the well and suggested Council annex the property in question so that it can legally be stopped. 5. Bill Cole, 8407 Glencrest. Mr. Cole stated he owns a lot in Green Tee Subdivision but is having second thoughts about building a home there because of possibility of an oil well being drilled there. Mr. Cole urged expedition of annexation to resolve this issue. 6. Ronnie Knoll, 2104 Limrick. Mr. Knoll stated he is President of the Green Tee Homeowners Association and that this project would lower property values. 7. Thomas Crouch, 2712 Green Tee. Mr. Crouch stated the beauty of the neighborhood would be impaired and values would be lowered. Mr. Crouch urged Council to defer action. It was moved by Councilmember Richardson, seconded by Councilmember Weber, that this issue be tabled and a study be done to update the rules and regulations with Mr. Drew invited to participate. Motion passed 4 to 0. ACCEPTANCE OF CONTRACT FOR PLANNING AND LANDSCAPE ARCHITECTURAL SERVICES BY VERNON G. HENRY & ASSOCIATES, INC. ON APPROXIMATE 400 ACRE TRACT LOCATED ALONG CLEAR CREEK City Manager Grohman explained that the City has contracts on approximately 400 acres of land in the bend of Clear Creek just east of Old Alvin Road. Harris County Toll Road Authority is taking soil samples to determine if the dirt would be appropriate for its purposes in the further construction of the Beltway. If an agreement is reached between the City and the Authority, it is important to have a proper land plan when going in, Mr. Grohman stated. When the land is excavated it can be used for detention and for park land which would be developed over some period of time. The firm of Vernon G. Henry is recognized as a major park planner in this area and Staff recommends acceptance of this contract. The City will spend approximately $800,000 to secure the land and reap the benefits of several million dollars in excavation work as well as possibly receiving one million in cash if it is done right, Mr. Grohman informed. It was noted that if the environmental checks do not turn out properly, the City would not go forward with this project. Mr. Grohman agreed, stating that certain things would have to be done in sequence for this goal to be reached. Our cost with this contract is approximately $33,000, Mr. Grohman stated. Council questioned some of the provisions of the contract such as the hiring of additional consultants and the provision pertaining to a hold harmless claim. City Manager Grohman stated the contract was similar to other engineering contracts and discussed with Council the various time constraints as they pertained to each entity and informed that many things were negotiable. W After more discussion, it was moved by Councilmember Richardson, seconded by Councilmember Weber, that the City Attorney be instructed to review the contract, reworking some of the wording, if necessary, and the contract with Vernon G. Henry and Associates, Inc. be accepted by the City for land planning and landscape architectural services for the area along Clear Creek. Motion passed 4 to 0. ADJOURNMENT The meeting adjourned at 9:07 P. M. Mites approved as submitted and/or corrected this day of A. D., 1994. ATTEST: Pa Jones, ity Secretary, TRMC C. V. CoppiX`gpt, May