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1994-12-12 CITY COUNCIL REGULAR MEETING MINUTES - 7:00PMMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON DECEMBER 12, 1994, AT 7:00 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 Glen Erwin and Richard Burdine, City Engineer John Hargrove, and Assistant Police Chief Chris Doyle. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Richardson. The Pledge of Allegiance was led by Councilmember Miller. APPROVAL OF MINUTES _ It was moved by Councilmember Smith, seconded by Councilmember Tetens, that the minutes of the regular meeting of November 28, 1994, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT A delegation from Pearland Neighborhood Center accepted a "Share Your Christmas" proclamation and invited the community to participate in this event to benefit the needy. Mayor Coppinger reported the Community Tree Lighting Ceremony held on December 1 was a success. Mayor Coppinger attended the Chamber's Leadership Committee on December 1 as well as the joint workshop with Chamber, City, and School District officials on December 2. Mr. Coppinger reported on the Keep America Beautiful annual meeting where two national awards were given, one to Clean Pearland and one to Mrs. Stella Roberts for her work as Chairperson. Mayor Coppinger informed the City Employees Annual Christmas Party was held on December 9. Next, Mayor Coppinger gave a lengthy report on a meeting he and other City officials attended this afternoon in the City of Friendswood regarding the recent flooding. Speaking to those in the audience, Mayor Coppinger apologized to those who suffered flood damages, stating that he wished he had an easy solution. However, Mr. Coppinger continued, this problem is a regional problem of long standing and will require much time and money to rectify. Mayor Coppinger touched on some of the discussion areas of the meeting. 182 COUNCIL ACTIVITY REPORTS Councilmember Miller had nothing to report at this time. Councilmember Tetens reported his attendance at the joint workshop held with the Chamber and School District, at the Neighborhood Center's Open House, at the Employee Christmas Party, and at the Keep America Beautiful program. Councilmember Smith expounded on the report given by Mayor Coppinger regarding the flooding, stating it will take the cooperation of many entities. Mr. Smith discussed mitigation efforts individuals can practice, reporting that he had often seen grass clippings and leaves put into the storm sewers. Councilmember Weber reported favorably on the joint workshop held with the Chamber and School District. Councilmember Richardson stated the workshop was the start of good things in the City and that it is hoped clean industries will be attracted to our area. Mr. Richardson reported he also attended the meeting on flooding and additional discussion ensued regarding solutions. CITY MANAGER'S REPORT City Manager Grohman reported ribbon cutting ceremonies will be held January 3 for the recreation center at Pearland Junior High East. This is a joint venture between the City and School District, Mr. Grohman informed, with the District supplying the facility and the City providing staffing for this afternoon and weekend facility. Mr. Grohman urged the citizenry to be careful during the holiday season due to the criminal element, noting that we have experienced two armed robberies in as many days. City Manager Grohman informed the road from FM 518 to the YMCA is now open which will simplify ingress and egress to this tri-county facility as well as alleviate traffic in the residential area adjacent to it. Mr. Grohman reported the City has acquired 294 acres, to date, for detention purposes along Clear Creek and discussed plans for acquisition of sites on Mary's Creek. Another lengthy situation. discussion followed regarding the flooding CITIZENS Denny Myers, North Central Oil Corporation. Mr. Myers stated his company would be working in the Manvel oil field, and, as a good neighbor policy, he wanted to make the City aware of this activity. Karen Craig, 2602 Sleepy Hollow. Mrs. Craig stated she and her neighbors were concerned about flooding in Sleepy Hollow. After attending the Friendswood meeting today and listening to Staff reports at this meeting, Mrs. Craig implied they would stay in touch to see what could be done. An open discussion ensued regarding these issues. L~e Thomas, 14330 Hatfield. Mr. Thomas spoke about drainage, stating his residence was next to the newly built Knights of Columbus Hall and that he had not had a high water problem until now. Dave Bilicki, 2944 Waterloo. Mr. Bilicki explained he was moving from the area and thanked City Manager Grohman and Parks Director Ed Hersh for their assistance in the Banbury Cross Subdivision area. Mr. Bilicki stated citizens are working together and things are going well in the City. 183 David Fleming, 3912 Spring Meadow. Pastor Fleming of Pearland Praise Center asked the City's consideration in waiving $1,428.21 in taxes owed on their building. DOCKETED PUBLIC HEARINGS: NONE UNFINISHED BUSINESS 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 Weber. It was moved by Councilmember Weber, seconded by Councilmember Richardson, that Ordinance No. 509-57 be passed and approved on its second and final reading. 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-i) 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 Miller, Tetens, Smith, Weber, and Richardson. 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 Councilmember Richardson. It was moved by Councilmember Richardson, seconded by Councilmember Weber, that Ordinance No. 683 be passed and approved on its second and final reading. 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. Motion passed 5 to 0. NEW BUSINESS CHANGE IN THE ORDER OF BUSINESS It was the concurrence of Council that New Business No. 5 be considered at this time a~ there were citizens waiting to speak to this issue. 1'84 RESOLUTION NO. R94-68, ENDORSING PASSAGE OF 1/2¢ SALES TAX Resolution No. R94-68 was read in caption by Mayor Coppinger. It was moved by Councilmember Tetens, seconded by Councilmember Richardson, that Resolution No. R94-68 be passed and approved on its first and only reading. Said Resolution No. R94-68 reads in caption as follows: RESOLUTION NO. R94-68 A RESOLUTION ENDORSING PASSAGE OF THE 1/2¢ SALES TAX; SUPPORTING ECONOMIC DEVELOPMENT; AND PROMOTING A STRONG, DIVERSE COMMUNITY. Citizen Input: Tom Everett, 8713 Wayfarer. Mr. Everett, Chairman Elect of the Chamber of Commerce, spoke in favor of the proposed 1/2 cent sales tax. Billy· Arcemant, Chamber of Commerce. Ms. Arcemant, President of the Chamber of Commerce, spoke in favor of the 1/2 cent sales tax. Tom Alexander, Jr., 1803 Washington Irving. spoke in favor of the 1/2 cent sales tax, community needed good business growth. Mr. Alexander stating the Curtis Spencer, 2723 Leroy. Mr. Spencer spoke in favor of the 1/2 cent sales tax, stating he was president of an economic development company and knew that this tax would work well in the City. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 684, WAIVING ENCROACHMENT OF FENCES AND UNDERGROUND FUEL INTAKE AT SOUTH GALVESTON AND LOCKHEED STREETS Ordinance No. 684 was read in caption by Councilmember Miller. It was moved by Councilmember Miller, seconded by Councilmember Tetens, that Ordinance No. 684 be passed and approved on its first of two readings. Division Director Burdine stated waiving this encroachment is the last hurdle in getting Pearland Pavilion open. Said Ordinance No. 684 reads in caption as follows: ORDINANCE NO. 684 AN ORDINANCE WAIVING THE ENCROACHMENT OF FENCES AND AN UNDERGROUND FUEL INTAKE INTO THE DEDICATED RIGHT-OF-WAY OF SOUTH GALVESTON AND LOCKHEED STREETS, PEARLAND, BRAZORIA COUNTY, TEXAS. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R94-66, AUTHORIZING CITY MANAGER TO ENTER INTO DEVELOPMENT AGREEMENT WITH R & S LAND COMPANY, COBBLESTONE ADDITION Resolution No. R94-66 was read in caption by Mayor Coppinger. Division Director Burdine stated this addition is at the southwest corner of Magnolia and Veterans Drive and explained that oversizing the line will allow the southeast quadrant of this intersection to also be served. The City's cost will be $5,000 and will allow an increase from a 72" line to a 96" line, Mr. Burdine informed. Funds will be taken from the Utility account. It was moved by Councilmember Tetens, seconded by Councilmember Smith, that Resolution No. R94-66 be passed and approved on its first and only reading. Said Resolution No. R94-66 reads in caption as follows: RESOLUTION NO. R94-66 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEVELOPMENT AGREEMENT WITH R & S LAND COMPANY FOR OVERSIZING OF A SANITARY SEWER LIFT STATION WET WELL IN THE COBBLESTONE ADDITION. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and Richardson. Voting "No" - None. Motion passed 5 to 0. AWARD OF BID NO. B94-23, IMPROVEMENTS TO HYDE PARK Council considered bids received from SCI Contractors, Inc. and Gulf Coast Landscape Services, Inc. Division Director Burdine read from a letter from Vernon Henry and Associates, the firmwhich developed the master plan for the park, recommending award of bid to Gulf Coast Landscape Services in the amount of $23,750.00. Mr. Burdine informed this will begin the improvements to Hyde Park with grading, drainage, and sidewalks. It was noted this park is approximately 2 1/2 acres in size. It was moved by Councilmember Smith, seconded by Councilmember Miller, that Bid No. B94-23, Improvements to Hyde Park, be awarded to Gulf Coast Landscaping in the amount of $23,750.00 with funds to be taken from the appropriate account. Motion passed 5 to 0. RESOLUTION NO. R94-67, SEEKING FLOOD RELIEF Resolution No. R94-67 was read in caption by Councilmember Tetens. It was moved by Councilmember Tetens, seconded by Councilmember Richardson, that Resolution No. R94-67 be passed and approved on its first and only reading. Said Resolution No. R94-67 reads in caption as follows: RESOLUTION NO. R94-67 A RESOLUTION AUTHORIZING, INSTRUCTING, AND DIRECTING THE CITY OF PEARLAND STAFF TO USE DUE DILIGENCE IN NOTIFYING THE TEXAS DEPARTMENT OF TRANSPORTATION OF ITS IMPACT ON AND CONTRIBUTION TO FLOOD DAMAGES SUSTAINED BY THE CITIZENS OF PEARLAND; REQUESTING ADDITIONAL FUNDING FROM THE APPROPRIATE AGENCIES AND COMMISSIONS; REQUESTING, IN A COOPERATIVE SPIRIT, ASSISTANCE FROM NEIGHBORING CITIES AND JURISDICTIONS TO CORRECT THE PERSISTENT FLOODING OF CLEAR CREEK; AND AUTHORIZING THE EMERGENCY MANAGEMENT COORDINATOR TO FACILITATE AND PARTICIPATE IN COOPERATIVE MEASURES TO REMEDY THE PROBLEM. Discussion concerned monetary participation by other entities and gathering data to back the City's claim for damages from these entities. 185 186 Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and Richardson. voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R94-69, AUTHORIZING CITY MANAGER TO APPLY FOR AND EXECUTE AGREEMENTS ASSOCIATED WITH SECTION 1362 OF NATIONAL FLOOD INSURANCE PROGRAM Resolution No. R94-69 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Resolution No. R94-69 be passed and approved on its first and only reading. Said Resolution No. R94-69 reads in caption as follows: RESOLUTION NO. R94-69 A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR AND EXECUTE AGREEMENTS ASSOCIATED WITH SECTION 1362 OF THE NATIONAL FLOOD INSURANCE PROGRAM, ADMINISTERED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. Division Director Burdine explained Staff was working with three property owners who are interested in buyout as their flood damages exceeded 50%. Two are in Twin Creek Woods and one is in Sleepy Hollow, Mr. Burdine informed. It was explained that, if buyout is accomplished, the structure would be demolished, the slab removed, and the City would accept title to the site, maintaining it as an open space in the floodway. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. AUTHORIZATION FOR CITY MANAGER TO ENTER INTO AGREEMENT FOR ENGINEERING SURVEY AND SERVICES FOR STUDY OF LOCALIZED FLOODING PROBLEMS ON CLEAR CREEK City Manager Grohman explained this study would help the City in dealing with other entities to reach solutions in that we would have actual facts. Cost estimates were discussed as well as funding for this project which City Manager Grohman stated would come from bond funds marked for drainage. It was moved by Councilmember Richardson, seconded by Councilmember Weber, that the City Manager be authorized to enter into an agreement for engineering survey and services for study of localized flooding problems on Clear Creek. Outside funding will be sought. Motion passed 5 to 0. OTHER BUSINESS: NONE ADJOURNMENT The meeting adjourned at 8:57 P.M. as submitted and/or corrected this , A. D., 1995. day of 187 Ce V. Copping~r/Mayor ATTEST: