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1994-11-28 CITY COUNCIL REGULAR MEETING MINUTES174 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 28, 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 Director Richard Burdine, City Engineer John Hargrove, Police Chief Mike Hogg, and Grant Writer Nydia Rafols-Blair. Absent from the meeting: Division Director Glen Erwin. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Smith. 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 November 14, 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 November 14, 1994, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Doug Smith, President of the 100 Club, presented the Officer of the Year Award to Police Officer Cary Homeyer. Assisting in the presentation were Police Chief Hogg and Assistant Chief Doyle. Mr. Smith stated some of the ways the 100 Club supports police officers. Mayor Coppinger announced he attended the ribbon cutting ceremony for YMCA Road on November 21 and recently attended a TriTech luncheon meeting. COUNCIL ACTIVITY REPORTS Councilmember Miller reported his attendance at the Park Board meeting on November 21. Councilmember Tetens had nothing to report at this time. Councilmember Smith, who also serves as Emergency Management Coordinator, commented on the number of recent meetings with various entities regarding the flooding in October and asked .-hat the following statement be entered into the minutes. "The position of Emergency Management Coordinator is many faceted. 175 First and foremost is mitigation, referring to "activities which actually eliminate or reduce the possibility of re -occurrence of the same disaster." In the month prior to the flood of October, 1994, I wrote a letter to the Mayor and also sent a copy to the City Manager stating my concerns about the actions of the Texas Department of Transportation regarding Highway 35 (Telephone Road) north of the Pearland City Limits and its scope of work on Beltway 8 where it parallels Clear Creek. In the letter I pointed out that "either" of these projects would impact flooding in Pearland and the "combination of the two" could cause Pearland citizens tremendous damage and harm. That is the first part of "mitigation" as it relates to my position as E.M.C. The second part of "mitigation" is to prevent, eliminate or reduce the possibility of re -occurrence. I propose to this Council that Staff be instructed by resolution at the next.scheduled meeting to use all diligence to make known to the Texas Department of Transportation and Highways what it has done to cause this great damage to the citizens of Pearland and ask for additional funding from Harris County Flood Control, Brazoria County Drainage District #4, and the Grant Department of the Texas Natural Resource Conservation Commission. I would also like to ask the cities of Brookside and Friendswood to join with us. I recommend that a spirit of cooperation and help be tried first; however, if this does not receive the desired results, it is my opinion that Council proceed with legal action seeking relief from those entities whose actions resulted in the damages incurred by the citizens of Pearland. I further recommend that the Mayor move forward with all deliberate speed to contact the proper State and Federal agencies of Emergency Management to seek a Presidential Disaster Order for the City of Pearland, pursuant to the Disaster Relief Act of 1974. This seems necessary since there seems to be no chance of Brazoria County being declared as a whole. Again, I would like to see the City of Brookside asked to join us in this action. As Emergency Management Coordinator for the City of Pearland, must approach this flood hazard in the recommended manner: A. Study the history of floods in this area. B. Determine the probability of a re -occurrence. C. Maximize the threat to Pearland. D. Determine the vulnerability of Pearland. E. Consider the contributing factors. A through D have been answered with time.. With E we must address the contributing factors to those who are putting more water into the Clear Creek channel without regard for those down stream. I would like to believe that no entity would willfully flood others. Both State and Federal laws are perfectly clear that such action is illegal and is not without penalty." Mayor Coppinger questioned the reports circulating about FEMA buyouts of property. It was reported that there is approximately $1.5 million allocated for this, but it is estimated $100 million is needed to do buyout all those affected. Montgomery County suffered the most damage and that is most likely where the buyout money will be utilized. Councilmembers Weber and Richardson had nothing to report at this time. CITY MANAGER'S REPORT City Manager Grohman commended Officer Homeyer for receiving the Officer of the Year Award, stating he was representative of the rank and file officers who bring professionalism to the public they serve. Mr. Grohman reminded everyone of the Keep America Beautiful 176 luncheon to be held on December 9 and of the Tree Lighting Ceremony to be held on December 1 on the front lawn of City Hall. City Manager Grohman reported Council would meet in a joint workshop with the Chamber of Commerce Board of Directors on December 2. Mr. Grohman commented on meetings with FEMA and the damage done to the City from the flooding, both to the City's infrastructure and to private dwellings. Division Director Burdine discussed a letter sent to some homeowners who had incurred flood damage. A building permit could not be issued to some because the initial method of calculation had some restoration costs higher than the value of the dwelling. These regulations had to be followed to maintain the City's eligibility for federal flood insurance, Mr. Burdine explained. After gathering some area real estate sales figures this afternoon, Mr. Burdine continued, a calculation using different numbers can now be used and will allow most to obtain the needed building permits. Those present who had concerns were encouraged to contact Staff members during business hours to discuss their particular residences. City Manager Grohman discussed the permitting process and its ramifications to the flood insurance program and reported on the ongoing attempts to work with other agencies. CITIZENS 1. Virginia Vernon, 3430 Trelawney. Mrs. Vernon stated she lived in the area that was heavily flooded, and although she did not get water in her home, she was concerned about the future of her neighborhood. Mrs. Vernon's concerns were discussed at length by Staff, covering knowns, unknowns, and possibilities. Questions from the audience were answered. City Manager Grohman stated he felt the neighborhood, in general, would do well and prosper, but he couldn't guarantee that every home would be okay nor that the area wouldn't flood again. 2. Naomi Taylor, Neighborhood Service Center. Mrs. Taylor, along with Matt Zepeda, invited everyone to participate in the "Share Your Christmas" Program to be held on December 16 to benefit the needy. MEETING RECESSED AT 8:48 P. M. MEETING RECONVENED AT 9:04 P. M. DOCKETED PUBLIC HEARINGS: NONE UNFINISHED BUSINESS ORDINANCE NO. 682, ORDERING A SPECIAL ELECTION ON ADOPTION OF AN ADDITIONAL ONE—HALF OF ONE PERCENT SALES AND USE TAX Ordinance No. 682 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Richardson, that Ordinance No. 682 be passed and approved on its second and final reading. Citizen Input: 1. Willard Manuel, 2407 Jacquelyn. Mr. Manuel spoke in favor of the proposed additional sales tax, citing the benefits to the City. It was discussed that a citizen questioning the amount of revenue anticipated to be collected had been given the necessary information. 177 Said Ordinance No. 682 reads in caption as follows: ORDINANCE NO. 682 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING A SPECIAL ELECTION ON ADOPTION OF AN ADDITIONAL ONE-HALF OF ONE PERCENT (ONE-HALF [1/2] CENT) SALES AND USE TAX WITHIN THE CITY OF PEARLAND TO BE USED BY A CITY INDUSTRIAL DEVELOPMENT CORPORATION FOR THE PROMOTION AND DEVELOPMENT OF NEW AND EXPANDED BUSINESS ENTERPRISES AND ANY OTHER PURPOSE AUTHORIZED BY SECTION 4B, ARTICLE 5190.6, V.T.C.S., AS AMENDED, (THE DEVELOPMENT CORPORATION ACT OF 1979); PROVIDING FOR THE LOCATION OF POLLING PLACES, PROVIDING FOR NOTICE OF SPECIAL ELECTION AND ORDAINING OTHER RELATED MATTERS. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 509-56, AMENDING LAND USE ORDINANCE AT REQUEST OF CITY OF PEARLAND Ordinance No. 509-56 was read in caption by Councilmember Richardson. It was moved by Councilmember Richardson, seconded by Councilmember Tetens, that Ordinance No. 509-56 be passed and approved on second and final reading. Said Ordinance No. 509-56 reads in caption as follows: ORDINANCE NO. 509-56 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, AT SECTION 3, DEFINITIONS; AT SECTION 29.3.3, PUNCTUATION; AND AT TABLE VII, EXCEPTIONS, AT THE REQUEST OF CITY OF PEARLAND, AGENT; 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. NEW BUSINESS RESOLUTION NO. R94-64, APPOINTING PERSONS TO SERVE AT THE CENTRAL COUNTING STATION FOR THE SPECIAL JANUARY 21, 1995, ELECTION Resolution No. R94-64 was read in its entirety by Councilmember Miller. It was moved by Councilmember Miller, seconded by Councilmember Tetens, that Resolution No. R94-64 be passed and approved on its first and only reading. Said Resolution No. R94-64 reads as follows: RESOLUTION NO. R94-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING PERSONS TO SERVE AT THE CENTRAL COUNTING STATION, BRAZORIA COUNTY COURTHOUSE, ANGLETON, TEXAS, FOR THE SPECIAL ELECTION TO BE HELD ON THE 21ST DAY OF JANUARY, 1995. 178 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: For the Special Election to be held on the 21st day of January, 1995, the following are hereby appointed officers of said election to serve at the Central Counting Station, Brazoria County Courthouse, Angleton, Texas: Kathy Bevel, Station Manager; Terry Packard, Tabulation Supervisor; Janice Evans, Presiding Judge; and Helen Patterson as Alternate Presiding Judge of Central Counting Station. PASSED, APPROVED, and ADOPTED this 28 day of November, A. D., 1994. /s/ C. V. Coppinger, Mayor ATTEST: /s/ Pat Jones, City Secretary APPROVED AS TO FORM: /s/ Amy Motes McCullough, City Attorney Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and Richardson. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R94-65, AUTHORIZING CITY MANAGER TO APPLY FOR GRANTS UNDER VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT FOR COMMUNITY POLICING Resolution No. R94-65 was read in caption by Councilmember Tetens. It was moved by Councilmember Tetens, seconded by Councilmember Richardson, that Resolution No. R94-65 be passed and approved on its first and only reading. This item was discussed in a workshop held before the regular meeting. Said Resolution No. R94-65 reads in caption as follows: RESOLUTION NO. R94-65 A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR GRANTS UNDER THE VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994 FOR COMMUNITY POLICING ACTIVITIES AND COMMITTING THE NECESSARY RESOURCES. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. AWARD OF BID NO. B94-21, POLICE VEHICLES City Manager Grohman explained that this bid had been awarded to H - GAC at Council's last meeting; however, an administration fee of 1.45% per unit was not included. The fee will cause the unit price of the vehicles to increase by $235.20, Mr. Grohman continued, and Staff recommends this additional cost as H -GAC is still the best bid. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Bid No. B94-21, Police Vehicles, be amended to include the administrative fee bringing the total cost per unit to $16,456.20, with funds to be taken from the appropriate account. Motion passed 5 to 0. 179 AWARD OF BID NO. B94-19, 1994 EROSION CONTROL Council considered bids received from Murffco Services, Champions Hydro -Lawn, Inc., Gulf Coast Landscape Services, Inc., and SCI Contractors, Inc. City Manager Grohman explained this was for hydromulch and soil stabilization on Barry Rose Road. Staff recommends bid award to Murffco Services in the amount of $21,960.00. It was moved by Councilmember Tetens, seconded by Councilmember Richardson, that Bid No. B94-19, 1994 Erosion Control, be awarded to Murffco Services in the amount of $21,960.00. Motion passed 5 to 0. ORDINANCE NO. 509-57, AMENDING LAND USE ORDINANCE, AT REQUEST OF MR. & MRS. WILLIAM GROTE FOR A SPECIFIC USE PERMIT Ordinance No. 509-57 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Richardson, that Ordinance No. 509-57 be passed and approved on its first of two readings. Ordinance No. 509-57 reads in caption as follows: ORDINANCE NO. 509-57 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-1) ON LOT 92, GEORGE W. JENKINS SUBDIVISION, IN THE W.D.C. HALL LEAGUE, ABSTRACT 70, BRAZORIA COUNTY, TEXAS (1510 HASTINGS-FRIENDSWOOD ROAD) AT THE REQUEST OF MR. & MRS. WILLIAM GROTE, 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 Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 683, WAIVING ENCROACHMENT OF A FENCE IN WALCOTT'S ADDITION Ordinance No. 683 was read in caption by Mayor Coppinger. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Ordinance No. 683 be passed and approved on its first of two readings. It was discussed that this is a reasonable way to accommodate the property owners at this time, but there is a possibility the fence would have to be moved later and the owners are aware of this. Said Ordinance No. 683 reads in caption as follows: ORDINANCE NO. 683 AN ORDINANCE WAIVING THE ENCROACHMENT OF A FENCE INTO THE DEDICATED RIGHT-OF-WAY OF AN UNNAMED ROAD ABUTTING THE SOUTH SIDE OF LOT 10, WALCOTT'S ADDITION, PEARLAND, BRAZORIA COUNTY, TEXAS. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Moro Motion passed 5 to 0. OTHER BUSINESS: NONE ADJOURNMENT The meeting adjourned at 9:22 P. M. Min tes approved as submitted and/or corrected this day of p A_Q— 11 , A. D., 1994. ATTEST: Pat Jones,y Secretary, TRMC C. V. Coppinger, Ma or