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1994-08-08 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 8, 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 Councilmember Interim City Attorney City Secretary C. V. Coppinger David Smith D. A. Miller Richard Tetens Randy Weber Jerry Richardson Susan Bickley Pat Jones Others in attendance: Division Directors Richard Burdine and Glen Erwin, City Engineer John Hargrove, and Chief of Police Mike Hogg. Absent from the meeting: City Manager Paul Grohman. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Weber. The Pledge of Allegiance was led by Councilmember Miller. APPROVAL OF MINUTES It was moved by Councilmember Smith, seconded by Councilmember Miller, that the minutes of the special meeting of July 18, 1994, be approved as submitted. Motion passed 3 to 0, with Councilmembers Tetens and Richardson abstaining as they were not present at the meeting. It was moved by Councilmember Smith, seconded by Councilmember Miller, that the minutes of the public hearing of July 18, 1994, be approved as submitted. Motion passed 3 to 0, with Councilmembers Tetens and Richardson abstaining as they were not present at the hearing. It was moved by Councilmember Tetens, seconded by Councilmember Richardson, that the minutes of the joint public hearing of July 25, 1994, be approved as submitted. Motion passed 4 to 0, with Councilmember Smith abstaining as he was not present at the hearing. It was moved by Councilmember Tetens, seconded by Councilmember Richardson, that the minutes of the regular meeting of July 25, 1994, be approved as submitted. Motion passed 4 to 0, with Councilmember Smith abstaining as he was not present at the meeting. It was moved by Councilmember Tetens, seconded by Councilmember Richardson, that the minutes of the special meeting of August 1, 1994, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger asked Council to respond to a request from the City of Friendswood for assistance in the American Heart Association Walk. 108 Mayor Coppinger announced the annual Council planning retreat would be held at City Hall on Saturday, August 13. The City will be hosting the Brazoria County Cities Association meeting on August 17 at Golfcrest Country Club, Mayor Coppinger reminded. Mayor Coppinger discussed the City's water capacity as well as community efforts toward economic development. Mayor Coppinger reported he attended First Bank's branch opening and met with youth fundraisers for Muscular Dystrophy. Mayor Coppinger asked that the record reflect that he was not asking the City to support the Centennial Crusade with tax dollars which appeared to be misinterpreted by some from comments he made at a recent Council meeting. COUNCIL ACTIVITY REPORTS Councilmember Miller reported his attendance at all of Council's recent meetings as well as First Bank's opening at Countryplace. Councilmember Tetens reported his attendance at the Association of Mayors, Councilmembers and Commissioners in Amarillo held July 28- 31. Mr. Tetens reported on some of the informative sessions. Councilmember Smith reported Mayor Coppinger was surprised with a birthday party last Wednesday. Councilmember Weber reported his attendance at all Council meetings and the conference in Amarillo. Mr. Weber turned in a citizen complaint about graffiti. Councilmember Richardson commented on the Centennial Crusade and reported on items of interest from his attendance at the conference in Amarillo. CITY MANAGER'S REPORT City Manager Grohman was not present at the meeting. CITIZENS 1. W. A. Hemphill, 1420 Hatfield. Mr. Hemphill signed to speak but was not present. 2. Delores Fenwick, Clean Pearland. Mrs. Fenwick informed Pearland has won the Award for Environmental Excellence from the Keep Brazoria County Beautiful Association. Assisted by Stella Roberts, Clean Pearland President, Mrs. Fenwick presented the plaque to Mayor Coppinger and Division Director Glen Erwin. DOCKETED PUBLIC HEARINGS PURPOSE OF THE HEARING: PUBLIC HEARING ON THE 1994-95 BUDGET Number signing attendance roster: 0 Mayor Coppinger gave opening remarks, highlighting several areas of the proposed budget for 1994-1995. Division Director Burdine used the overhead projector and spoke of changes in this year's budget, not only in percentages, but also noted some accounting methods will be changed. After presenting highlights of the budget at length, an opportunity was given for questions. A question originating from the audience concerned the City's sewer capacity. This question was answered stating the City currently has two operating sewer plants, Barry Rose and Longwood. The City will be looking at a regional site near Southwyck in the future. Sewer capacity is adequate, but during wet weather, some problems arise due to inflow and infiltration, it was explained. Funds set 109 aside and impact fees should help remedy these problem areas, Mr. Burdine stated. The hearing adjourned. UNFINISHED 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 Weber. It was moved by Councilmember Weber, seconded by Councilmember Tetens, that Ordinance No. 509-52 be passed and approved on its second and final reading. 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 Miller, Tetens, Smith, and Weber. Voting "No" - None. Motion passed 4 to 0, with Councilmember Richardson momentarily out of the Chambers. NEW BUSINESS AWARD OF BID NO. B94-7, WATERLINE, STORM SEWER, AND PAVING FACILITIES FOR YMCA ROAD Council considered bids from the following companies: Brazos River Constructors, Hassell Construction Company, David Wight Construction Company, Pas -Key Construction Company, Uticon, Inc., Kinsel Industries, D & W Construction, Haddock Construction, Case & Associates, Tri -Tex, and Ray Ferguson Interests. City Engineer Hargrove stated of the 11 bids received, Staff recommends award be made to Case & Associates in the amount of $108,617.30. It was moved by Councilmember Weber that Bid No. B94-7 be awarded to Case & Associates. Councilmember Tetens stated he has and will continue to support the YMCA; however, Mr. Tetens continued, he does not believe in using public funds to put a road across private property leading to a private entity. Division Director Burdine stated the Y's participation will be approximately $28,500 or about one-fourth of the cost. Council agreed to give the property owner credit against the construction based on the value of the land that he was donating for right-of- way. The appraised value exceeded the assessment, Mr. Burdine informed. It was discussed that there were homeowners on Stratford who were anxious to have this road built due to the increased traffic on their street. The motion was seconded by Councilmember Smith. 11d It was discussed that there was a community benefit to having the YMCA facility in the City and to relieving some of the traffic from Stratford. It was clarified that this road would tie into Stratford. Mr. Burdine stated there were three aspects of this project: paving, storm drainage and water. The Y is on the end of a dead- end line on Stratford. The project, as bid, includes extension of a water line from FM 518 to Stratford. The storm drainage will drain to the FM 518 system and will be installed. Paving calls for an extension of Stratford eastward approximately 200 feet and then tying into what will be called YMCA Drive. A couple of water lines will be tied together and the Y has sewer service off an existing line. Mr. Simpson's property will probably be served by putting in a lift station and pumping under FM 518 to the north but that is not part of this project, Mr. Burdine explained. Motion passed 4 to 1, with Councilmember Tetens voting no. ORDINANCE NO. 509-53, AMENDING LAND USE ORDINANCE AT REQUEST OF FRED CESSAC, TRUSTEE ET AL Ordinance No. 509-53 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Tetens, that Ordinance No. 509-53 be passed and approved on its first of two readings. Said Ordinance No. 509-53 reads in caption as follows: ORDINANCE NO. 509-53 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 IN THE 3500 BLOCK OF WALNUT AND THE 2500 BLOCK OF SOUTH GALVESTON FROM CLASSIFICATION GENERAL BUSINESS DISTRICT (GB) TO MULTI -FAMILY DISTRICT (MF) AND COMMERCIAL DISTRICT (C), AT THE REQUEST OF FRED CESSAC AND BILL CHASE, TRUSTEES, CATHY VANCE, JAMIE COX, TARA YOUNG, JAMES DEKERLEGAND, JERRY GODKIN, BOB RAGSDALE, BARBARA COOK, LOU NIMMONS, JACK MCGUFF, JR., AND THOMAS J. GRACE, OWNERS, 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, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. AUTHORIZATION TO DEED AIR CURTAIN DESTRUCTOR TO BRAZORIA COUNTY DRAINAGE DISTRICT NO. 4 Division Director Burdine informed this burner was purchased in 1978 at a cost of $10,228 to primarily burn brush at the landfill. The landfill is now closed and the equipment for the air curtain destructor was loaned to Brazoria County Drainage District No. 4 sometime ago. Texas Natural Resource Conservation Commission requires a permit for this equipment and Staff recommends it be deeded to the Drainage District so that it may obtain the necessary permit. It was moved by Councilmember Weber, seconded by Councilmember Richardson, that Staff be authorized to deed the air curtain destructor to Brazoria County Drainage District No. 4. Motion passed 5 to 0. EXCUSED ABSENCE FOR COUNCILMEMBER SMITH FROM REGULAR MEETING OF JULY 25, 1994 It was moved by Councilmember Richardson, seconded by Councilmember Tetens, that Councilmember Smith be excused from the regular meeting of July 25, 1994. Motion passed 4 to 0, with Councilmember Smith abstaining. RESOLUTION NO. R94-45, AUTHORIZING STOP SIGNS IN BUNKER HILL TOWNHOUSES AND CORRIGAN SUBDIVISION Resolution No. R94-45 was read in caption by Councilmember Richardson. It was moved by Councilmember Richardson, seconded by Councilmember Tetens, that Resolution No. R94-45 be passed and approved on its first and only reading. Said Resolution No. R94-45 reads in caption as follows: RESOLUTION NO. R94-45 A RESOLUTION AUTHORIZING, DIRECTING, AND RATIFYING PLACEMENT AND ERECTION OF CERTAIN STOP SIGNS WITHIN THE CITY OF PEARLAND, UPON BUNKER HILL COURT AT ITS (T) INTERSECTION WITH JASMINE ST. (BUNKER HILL TOWNHOUSES); AND UPON NECHES RIVER DRIVE AT ITS (T) INTERSECTION WITH FITE ROAD (CORRIGAN SUBDIVISION). Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and Richardson. Voting "No" - None. Motion passed 5 to 0. COUNCIL DECISION ON RECOMMENDATION OF ZONING BOARD OF ADJUSTMENT TO AMEND ORDINANCE NO. 509, SECTION 29.7 Division Director Burdine stated this recommendation from the Zoning Board of Adjustment concerned notice being given to adjacent property owners when a variance is requested. It is proposed that the property owner requesting the variance would have to obtain the signatures of adjacent owners before the Board would act. Mr. Burdine informed the appropriate action would be to refer this to the Planning and Zoning Commission for its recommendation as Ordinance No. 509 cannot be amended by Council until a recommendation is received from the Planning and Zoning Commission. John Lejsal, Chairman of the Zoning Board of Adjustment, stated the Board had discussed this on two occasions, with the intent to make adjacent landowners aware of requests for variances and to make the entire process easier. After more discussion, it was moved by Councilmember Smith, seconded by Councilmember Richardson, that this item be referred to the Planning and Zoning Commission for its recommendation. Motion passed 5 to 0. ORDINANCE NO. 528-5, AMENDING CHAPTER SIX, ANIMALS AND FOWL, OF THE CODE OF ORDINANCES, ADDING SECTION 6-12.5, RESTRICTIONS ON KEEPING RATITES Ordinance No. 528-5 was read in caption by Mayor Coppinger. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Ordinance No. 528-5 be passed and approved on its first of two readings. Division Director Burdine recalled this ordinance was prepared from recent Council direction regarding allowing emus within the City limits. The ordinance was patterned from League City's and the 112 Agricultural Extension Service. Council discussed the distance required between animal enclosures and residences. It was noted that there was a typographical error regarding the wording gone hundred fifty feet" which was shown numerically as 150 inches rather than feet. This correction will be made before the second reading. Closing the discussion, Mr. Burdine stated that a specific use permit under the zoning ordinance will probably be another step in the process before emus can be kept inside the City limits. Said Ordinance No. 528-5 reads in caption as follows: ORDINANCE NO. 528-5 AN ORDINANCE AMENDING CHAPTER SIX, ANIMALS AND FOWL, OF THE CODE OF ORDINANCES, OF THE CITY OF PEARLAND, BY ADDING SECTION 6-12.5, RESTRICTIONS ON KEEPING ANIMALS IN CITY LIMITS - RATITES; PROVIDING A PENALTY FOR VIOLATION; A SAVINGS CLAUSE; AND PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and Richardson. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R94-46, AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENT TO DONATE LAND FOR CENTENNIAL BOULEVARD BY AND BETWEEN CITY AND DISSEN FAMILY Resolution No. R94-46 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Resolution No. R94-46 be passed and approved on its first and only reading. It was explained that this donation of land is for the other part needed for the City's link from FM 518 to Clear Creek to be known as Centennial Boulevard. There was discussion regarding the Dissen's agreement to the terms and Councilmember Smith stated all was in order with the grantors. Said Resolution No. R94-46 reads in caption as follows: RESOLUTION NO. R94-46 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 STUART DISSEN AND GLADYS DISSEN, INDIVIDUALLY AND AS CO -TRUSTEES OF THE W. J. DISSEN, JR. MARITAL TRUST, AS GRANTORS. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. Councilmember Smith was thanked for his work in securing this donation of right-of-way. OTHER BUSINESS: None ADJOURNMENT The meeting adjourned at 9:30 P. M. Minu s approved as submitted and/or corrected this.. day of A. D., 1994. C. V. Copip4qe, Mayo ATTEST: Pat Jones, C' Secretary, TRMC 113