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1994-10-24 CITY COUNCIL REGULAR MEETING MINUTES154 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 24, 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 City Manager City Attorney City Secretary C. V. Coppinger David Smith D. A. Miller Richard Tetens Randy Weber Jerry Richardson Paul Grohman Amy Motes McCullough Pat Jones Others in attendance: Division Directors Richard Burdine and Glen Erwin, City Engineer John Hargrove, and Police Chief Mike Hogg. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Chief Hogg. The Pledge of Allegiance was led by Councilmember Tetens. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Richardson, that the minutes of the joint public hearing of October 10, 1994, be approved as submitted. Motion passed 5 to 0. It was moved by Councilmember Tetens, seconded by Councilmember Richardson, that the minutes of the regular meeting of October 10, 1994, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT At the request of Mayor Coppinger, City Attorney McCullough read a citizen letter commending Officers Elton and Hoffman for their assistance. Mayor Coppinger reported he attended the Ministerial Alliance Breakfast on October 11 and the Chamber's Economic Development Committee meeting on October 13. Mayor Coppinger stated that the remainder of his report would be directed to events relating to area flooding which began October 17. Emergency Management Coordinator Smith gave a favorable report of the City's response to the unusually high levels of rainfall which inundated several counties. The Emergency Operations Center was in constant contact with State agencies and the weather service and the proper papers were signed and filed in a timely manner to assure assistance from the Governor's office. Mr. Smith commended the City's volunteer groups, the Fire Department and the Emergency Medical Service. Many City employees put in long hours during the duration of the deluge to see that everything that could be done was done. The Police Department monitored 21.2 inches of rain with the area around Cullen and Clear Creek gauging 27.17 inches, Mr. Smith informed. Mr. Smith reported Clear Creek was the highest he had seen, but progress is being made as some previously problem areas like Regency Park, Sherwood, and Westminister did well. Mr. Smith discussed some solutions, stating the ditch along the railroad track behind Wal -mart needs a new opening and two detention ponds are needed on Mary's Creek between Corrigan and Independence Park. A shelter was opened at the First Baptist Church and the Red Cross staffed it. The work of the Clear Creek Watershed, Harris County Flood Control, and Corps of Engineers was discussed. Mr. Smith pointed out a problem area near Kemah which needs to be resolved `- with the railroad company. Mayor Coppinger recognized J. R. Nail and Dan Keller of the Drainage District and both praised the combined efforts of the City and the District. City Manager Grohman commented on flood relief efforts, noting that Clear Creek crested 2 feet higher than the 1979 flood. Flooding in homes was reported in Twin Creek Woods, Clear Creek Estates, Sleepy Hollow, Green Tee, and South Corrigan with a few random instances reported elsewhere. City employees Pat Henderson and Ronny McWhirter were commended by Mr. Grohman because their homes received water, yet they continued to report to work. Overall coordination was excellent, Mr. Grohman reported, but there is a problem area in communications with the radios which needs to be addressed. Addressing future flooding, City Manager Grohman and City Engineer Hargrove displayed an aerial map and discussed possible remedies, such as detention sites and channelization. The proposed 250 acre site near Clear Creek will be the largest project ever done by the City, Mr. Grohman informed, and will serve as a park area also. Closing the Staff's comments on the flooding, Councilmember Smith stated the Clear Creek Watershed study has -ed uyout of some areas, channelization, and detention. �'`�'�`' COUNCIL ACTIVITY REPORT Councilmember Richardson commented on the flooding situation, relating that he had discussed the problem at length with Malcolm Collins of Friendswood's engineering department. Mr. Collins, a resident of Pearland, also recommends detention ponds. Mr. Richardson recommended putting pressure on Harris County to deal with the water created by the construction of Beltway 8. Councilmember Weber stated he drove most of the subdivisions during the rain and commended all who helped out. Mr. Weber encouraged keeping dialogue open with Harris County and urged seeking a resolution to the blockage at Kemah. Councilmember Smith reported a suit has been filed in federal court against Santa Fe Railroad because of this problem. Councilmember Tetens reported his home received water and noted there were areas around the City that need to be corrected. Councilmember Miller commended all who worked during the flood. CITIZENS 1. Nick Hagler, 4018 Springbrook Court. Mr. Hagler questioned flooding on the west side of town which, he said, is not near Clear Creek. Mr. Hagler suggested area development contributed to the flooding and stated if the streets were designed to take the water, he doesn't want to live on a canal, not being able to go to and from work. 2. Randy Jeffery, 3414 Meadowville. Mr. Jeffery spoke about the flooding in Twin Creek Woods and urged that solutions be found. 156 3. Helen Harris, 2817 White Oak Lane. Ms. Harris questioned street flooding in her area, West Oaks, which is a new subdivision. 4. Lee Hamaker, 3303 Randall. Ms. Hamaker stated her area, Regency Park, didn't have any water and thanked Council. 5. Richard Tullis, 3510 Robinson. Mr. Tullis stated his area, Clear Creek Estates, was completely flooded. Mr. Tullis discussed solutions, encouraged looking into the construction of Beltway 8 as a possible cause, and spoke about joint cooperatives with the School District. DOCKETED PUBLIC HEARINGS: None MEETING RECESSED AT 8:37 P. M. MEETING RECONVENED AT 8:43 P. M. UNFINISHED BUSINESS CHANGE IN THE ORDER OF BUSINESS With Council's concurrence, Mayor Coppinger moved to Item 2 of Unfinished Business to accommodate the large number of citizens who had signed to speak to this issue. ORDINANCE NO. 678, ESTABLISHING A CURFEW FOR PERSONS UNDER THE AGE OF 17 YEARS AND OTHER PROVISIONS RELATED THERETO Ordinance No. 678 was read in caption by Councilmember Richardson. It was moved by Councilmember Richardson, seconded by Councilmember Smith, that Ordinance No. 678 be passed and approved on its second and final reading. Said Ordinance No. 678 reads in caption as follows: ORDINANCE NO. 678 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A CURFEW FOR PERSONS UNDER THE AGE OF 17 YEARS, BETWEEN 11:00 P. M., ON ANY SUNDAY, MONDAY, TUESDAY, WEDNESDAY, OR THURSDAY AND 6:00 A. M. ON THE FOLLOWING DAY, BETWEEN THE HOURS OF 12:01 A. M. AND 6:00 A. M. ON ANY SATURDAY OR SUNDAY, AND BETWEEN THE HOURS OF 9:00 A. M. AND 2:30 P. M. FOR SCHOOL -AGED CHILDREN ON SCHOOL DAYS; PROVIDING IT UNLAWFUL FOR ANY PERSON SUBJECT TO A CURFEW HEREUNDER TO REMAIN IN ANY PUBLIC PLACE OR ON THE PREMISES OF ANY ESTABLISHMENT WITHIN THE CITY DURING CURFEW HOURS; PROVIDING IT UNLAWFUL FOR ANY PARENT OR GUARDIAN OF A PERSON SUBJECT TO A CURFEW HEREUNDER TO KNOWINGLY PERMIT, OR BY INSUFFICIENT CONTROL, ALLOW SUCH PERSON TO REMAIN IN ANY PUBLIC PLACE OR ON THE PREMISES OF ANY ESTABLISHMENT WITHIN THE CITY DURING CURFEW HOURS; PROVIDING IT UNLAWFUL FOR ANY PERSON OWNING, OPERATING, OR IN THE EMPLOYMENT OF ANY ESTABLISHMENT IN THE CITY TO KNOWINGLY ALLOW A PERSON SUBJECT TO A CURFEW HEREUNDER TO REMAIN ON THE PREMISES OF SUCH ESTABLISHMENT DURING CURFEW HOURS; PROVIDING DEFENSES TO PROSECUTION FOR VIOLATIONS HEREUNDER; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR TIMELY REVIEW AND ANALYSIS OF SAID ORDINANCE TO DETERMINE ITS EFFECTIVENESS; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR CODIFICATION, AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Citizen Input: The following people spoke in favor of passage of a curfew ordinance: 1. Rick Simms, 2504 Alexander Lane 2. Kevin Cole, 2017 Isla 3. Judith Mabry, 2005 Deepbrook 157 4. Willard Manuel, 2407 Jacquelyn 5. Mary Helen Manuel, 2407 Jacquelyn 6. Renee West, 2501 Woody 7. Frances Denton, 2715 Hazel 8. Tom Everett, Chamber of Commerce 9. John Gilmore, 1811 Cripple Creek 10. Bob Lewis, 2404 Country Club 11. Tom Newman, 2710 Leroy 12. Robert Rowe, 1806 Winding Creek 13. Richard Tullis, 3510 Robinson The following people spoke against the passage of a curfew ordinance: 1. L. B. Lyon, 5013 Apple Springs 2. William Weisheit, 5014 Apple Springs Council voted as follows: Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. Chief Hogg thanked all for their comments, both in favor and in opposition to the passage of this document. City Manager Grohman listed means that are being used to encourage youth in the right direction, citing cooperation with neighborhoods, churches, schools, and civic clubs, the DARE program, and possible economic development which will provide jobs for young people. Mr. Grohman stated passage of the curfew ordinance is a small but vital portion of the overall program to help our young people. ORDINANCE NO. 509-54, AMENDING LAND USE ORDINANCE, AT REQUEST OF IRA WILLIAM AND REBECCA ANN HUBBARD, FOR SPECIFIC USE PERMIT TO ALLOW RATITES (EMUS) TO BE RAISED IN A SINGLE FAMILY DWELLING DISTRICT Ordinance No. 509-54 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Richardson, that Ordinance No. 509-54 be passed and approved on its second and final reading. Said Ordinance No. 509-54 reads in caption as follows: ORDINANCE NO. 509-54 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 RATITES (EMUS) TO BE RAISED IN A SINGLE FAMILY DWELLING DISTRICT (R-2) ON LOT 6, BLOCK 1, MALONE SUBDIVISION, IN THE H.T. & B.R.R. CO. SURVEY, SECTION 5, A-237, BRAZORIA COUNTY, TEXAS (2255 N. HATFIELD) AT THE REQUEST OF IRA WILLIAM AND REBECCA ANN HUBBARD, OWNERS; 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 Miller, Tetens, Smith, Weber, and Richardson. Voting "No" - None. Motion passed 5 to 0. 158 NEW BUSINESS AWARD OF BID NO. B94-14, PUBLIC WORKS SERVICE CENTER Council considered bids from Robert Gass, Inc., RLF Construction, WHC Construction, Comex, Inc., Frost Construction, Construction Masters, A -Tec, Marcus Thomas Company, Dejean Construction, Commodore Construction, and Pellitier Construction. Division Director Burdine stated Staff recommends bid be awarded to Robert Gass, Inc. in the base bid amount of $308,100 with the budget overrun of $27,000 being taking from the utility fund. Jack McGuff, architect for the project, was present and stated that the recommended firm has been checked out. It was moved by Councilmember Smith, seconded by Councilmember Weber, that Bid No. B94-14, Public Works Service Center, be awarded to Robert Gass, Inc. in the base bid amount of $308,100 with a $27,000 budget overrun to be taken from the utility fund. Motion passed 5 to 0. AWARD OF BID NO. B94-15, ANIMAL CONTROL & ADOPTION FACILITY Council considered bids from Robert Gass, Inc., Frost Construction, Comex, Inc., A -Tec, Construction Masters, Marcus Thomas Company, Pellitier Construction, Dejean Construction, Commodore Construction, and WHC Construction. Division Director Burdine stated Staff's recommendation would again go the firm of Robert Gass, Inc. in the amount of $246,240. It was moved by Councilmember Miller, seconded by Councilmember Tetens, that Bid No. B94-15, Animal Control & Adoption Facility, be awarded to Robert Gass, Inc. in the amount of $246,240.00. Motion passed 5 to 0. RESOLUTION NO. R94-59, APPROVING RESOLUTION OF PEARLAND INDUSTRIAL DEVELOPMENT CORPORATION REGARDING PEARLAND MINI -STORAGE Resolution No. R94-59 was read in caption by Councilmember Tetens. It was moved by Councilmember Tetens, seconded by Councilmember Smith, that Resolution No. R94-59 be passed and approved on its first and only reading. Said Resolution No. R94-59 reads in caption as follows: RESOLUTION NO. R94-59 A RESOLUTION APPROVING A RESOLUTION OF PEARLAND INDUSTRIAL DEVELOPMENT CORPORATION WITH RESPECT TO PEARLAND INDUSTRIAL DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1985 (PEARLAND MINI - STORAGE PROJECT); AUTHORIZING AN ASSUMPTION OF LIABILITY AND MODIFICATION AGREEMENT; APPROVING CERTAIN DEEDS AND A GENERAL CONVEYANCE, TRANSFER AND ASSIGNMENT; AND OTHER MATTERS IN CONNECTION THEREWITH. City Attorney McCullough explained the Pearland Industrial Development Corporation (PIDC) had met today to act on the request of the owners of Pearland Mini -Storage. Messrs. Banfield and Hausman want to change from a joint venture to a limited partnership to limit liability to their property. While having no effect on the City, this is a formality that both the City and the PIDC must give their sanction to, Ms. McCullough informed. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 681, FOOD AND FOOD HANDLERS Ordinance No. 681 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Richardson, that Ordinance No. 681 be passed and approved on its first of two readings. Said Ordinance No. 681 reads in caption as follows: ORDINANCE NO. 681 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, REPEALING IN THEIR ENTIRETY ORDINANCE NO. 145 AND CHAPTER 11 OF THE CITY OF PEARLAND CODE OF ORDINANCES, ENTITLED "FOOD AND FOOD HANDLERS", CURRENTLY IN EFFECT; CREATING CHAPTER 11, "FOOD AND FOOD HANDLERS", PURSUANT TO ARTICLE 4476-5 OF THE CIVIL STATUTES OF THE STATE OF TEXAS, TOGETHER WITH THE LATEST EDITION OF THE TEXAS DEPARTMENT OF HEALTH RULES INTERPRETING THE CITED STATUTE; PROVIDING FOR THE ISSUANCE OF ANNUAL FOOD DEALER'S PERMITS AND RENEWAL THEREOF; PROVIDING FOR PERMIT/ INSPECTION FEES; PROVIDING FOR THE CERTIFICATION OF ALL FOOD WORKERS AND THE RENEWAL OF FOOD WORKER'S CERTIFICATION CARDS; PROVIDING FEES FOR FOOD WORKER CERTIFICATION ORIENTATION; PROVIDING FOR THE CERTIFICATION OF FOOD SERVICE MANAGERS; PROVIDING A PENALTY FOR SUCH VIOLATION; PROVIDING A SEVERABILITY CLAUSE, AN EFFECTIVE DATE, AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and Richardson. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 509-55, AMENDING LAND USE ORDINANCE AT REQUEST OF KENT BALLARD, AGENT FOR DAVID H. SCHULTZ, OWNER, FROM CLASSIFICATION GB TO R-3 Ordinance No. 509-55 was read in caption by Councilmember Richardson. It was moved by Councilmember Richardson, seconded by Councilmember Weber, that Ordinance No. 509-55 be passed and approved on its first of two readings. Said Ordinance No. 509-55 reads in caption as follows: ORDINANCE NO. 509-55 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 SUNSET MEADOWS SUBDIVISION FROM CLASSIFICATION GENERAL BUSINESS DISTRICT (GB) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF KENT BALLARD, AGENT FOR DAVID H. SCHULTZ, 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, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R94-55, ENDORSING EFFORTS TO INFORM AND EDUCATE CITIZENS ABOUT UNFUNDED FEDERAL MANDATES Resolution No. R94-55 was read in caption by Mayor Coppinger. City Manager Grohman stated this document was requested by the National League of Cities to inform all of the burdens placed upon governmental entities by unfunded mandates. Copies will be sent to our legislators, Mr. Grohman said. It was moved by Councilmember Smith, seconded by Councilmember Weber, that Resolution No. R94-55 be passed and approved on its first and only reading. Said Resolution No. R94-55 reads in caption as follows: RESOLUTION NO. R94-55 A RESOLUTION ENDORSING THE EFFORTS OF THE NATIONAL LEAGUE OF CITIES, THE STATE MUNICIPAL LEAGUES, AND THE TEXAS MUNICIPAL LEAGUE TO CONTINUE TO INFORM AND TO EDUCATE THE CITIZENS ABOUT THE IMPACT OF UNFUNDED FEDERAL MANDATES ON OUR LOCAL BUDGETS. Voting "Ayer' - Councilmembers Miller, Tetens, Smith, Weber, and Richardson. Voting "No" - None. Motion passed 5 to 0. OTHER BUSINESS: None Before closing the meeting, Mayor Coppinger announced that Certificates of Appreciation would be sent to Bill Miller and Ronald Parker for their past service on the Building Code Board of Adjustments and Appeals and to Gary Walters for his service on the Parks Board. None of the gentlemen could be present to accept the certificates this evening. ADJOURNMENT The meeting adjourned at 10:01 P. M. Minutes approved as submitted and/or corred his day of A. D., 1994. Alt', C. V. ger, ayor ATTEST: Pa Jones, -City Secretary, TRMC