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1995-01-23 CITY COUNCIL REGULAR MEETING MINUTESEs MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 23, 1995, AT 7:30 P. M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS Due to the previous public hearings, the meeting was called to order at 8:00 P. M. 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 McCullough Pat Jones Others in attendance: Division Director Glen Erwin, City Engineer John Hargrove, Police Chief Mike Hogg, and Parks Director Ed Hersh. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Coppinger announced that funeral services would be held tomorrow for longtime Pearlander Lloyd Yost. After a moment of silent prayer in memory of Mr. Yost, the invocation was given by Councilmember Smith. The Pledge of Allegiance was led by Councilmember Richardson. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Richardson, that the minutes of the regular meeting of January 9, 1995, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger discussed the passage of the sales tax issue and thanked the citizenry for its support in building a better community. COUNCIL ACTIVITY REPORTS Councilmember Miller reported his attendance at the Park Board meeting on January 16 and at Brazoria County Cities Association on January 18. Councilmember Tetens reported his attendance at the Town Hall meeting on January 14 as well as BCCA on January 18. Mr. Tetens reported he attended the Fireman's Annual Banquet on the 21st of January. Councilmember Smith reported he attended the meeting of Brazoria County Drainage District No. 4 this morning along with City Engineer Hargrove. Mr. Smith reported he spoke at the Fireman's Annual Banquet in Mayor Coppinger's stead. Councilmembers Weber and Richardson thanked those involved in getting the sales tax proposition on the ballot. M CITY MANAGER'S REPORT City Manager Grohman discussed the sales tax issue, thanking those who had played a key role. It will take about nine months before the City sees any disbursement, Mr. Grohman informed. The next steps are to develop by-laws for Council approval and appointment of the seven member board which will oversee these funds. City Manager Grohman dispelled rumors that the City plans to buy the W. Broadway First Baptist Church site nor will the City buy right-of-way along proposed Centennial Boulevard. Closing his remarks, Mr. Grohman thanked both local newspapers, the Reporter and the Journal, for their coverage and support of the sales tax issue. CITIZENS 1. Frances Jamison, FM 518. Ms. Jamison signed to speak but declined. 2. John Casperson for Sherry German, 1818 Memorial, Houston. Mr. Casperson related the history of the pending Jamison litigation and urged resolution of the issues. DOCKETED PUBLIC HEARING Proposed Annexation of two tracts of land, one being approximately 26.1 acres and one being approximately 11.8 acres, located in the City's extraterritorial jurisdiction in Harris County, Texas. The hearing began at 8:23 P. M. Number of signatures on attendance roster: 5 STAFF REVIEW OF PROPOSED SERVICE PLAN City Manager Grohman discussed the service plan, stating water and sewer would come from existing lines, streets will be handled by the developers, and fire, emergency medical service, and police response are already provided. These two tracts are east and west of Green Tee, Mr. Grohman informed. PUBLIC INPUT: NONE QUESTION AND ANSWER PERIOD: NONE The hearing adjourned at 8:25 P. M. UNFINISHED BUSINESS: NONE NEW BUSINESS RESOLUTION NO. R95-1, CANVASSING RETURNS OF JANUARY 21, 1995, SPECIAL ELECTION Resolution No. R95-1 was read in caption by Mayor Coppinger. It was moved by Councilmember Weber, seconded by Councilmember Smith, that Resolution No. R95-1 be passed and approved on its first and only reading. City Secretary Jones read the election results into the record, stating there were 978 valid votes cast. Votes in favor of the proposition were 549 or 56.13%. votes opposed to the proposition were 429 or 43.87%. Said Resolution No. R95-1 reads in caption as follows: RESOLUTION NO. R95-1 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CANVASSING THE RETURNS AND DECLARING THE me I RESULTS OF THE SALES AND USE TAX SPECIAL ELECTION HELD IN THE CITY OF PEARLAND, TEXAS, ON JANUARY 21, 1995. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. AWARD OF BID NO. B95-1, 180 FOOT RADIO TOWER City Manager Grohman asked this item be tabled as illness had prevented Staff personnel from preparing for the award of this bid. It was moved by Councilmember Smith, seconded by Councilmember Weber, that Bid No. B95-1 be tabled. Motion passed 5 to 0. RESOLUTION NO. R95-2, TREE PLANTING GRANT ALONG GRAND BOULEVARD Resolution No. R95-2 was read in caption by Mayor Coppinger. Parks Director Hersh stated funding under this grant and the one following will be awarded next fall with the trees being planted from December, 1995, through March, 1996. The concept plans will be funded by Clean Pearland in the amount of $2,000, Mr. Hersh informed. It was moved by Councilmember Tetens, seconded by Councilmember Weber, that Resolution No. R95-2 be passed and approved on its first and only reading. Said Resolution No. R95-2 reads in caption as follows: RESOLUTION NO. R95-2 A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR AND EXECUTE ALL AGREEMENTS ASSOCIATED WITH A SMALL BUSINESS ADMINISTRATION TREE PLANTING GRANT THROUGH THE TEXAS FOREST SERVICE, COMMITTING RESOURCES, AND AUTHORIZING TREE PLANTING ON THE SITE ALONG GRAND BOULEVARD. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and Richardson. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R95-3, TREE PLANTING GRANT FOR CENTENNIAL PARK Resolution No. R95-3 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Weber, that Resolution No. R95-3 be passed and approved on its first and only reading. Said Resolution No. R95-3 reads in caption as follows: RESOLUTION NO. R95-3 A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR AND EXECUTE ALL AGREEMENTS ASSOCIATED WITH A SMALL BUSINESS ADMINISTRATION TREE PLANTING GRANT THROUGH THE TEXAS FOREST SERVICE, COMMITTING RESOURCES, AND AUTHORIZING TREE PLANTING ON THE SITE IN CENTENNIAL PARK. 202 Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. APPROVAL OF NEIGHBORHOOD CENTERS, INC. LEASE FOR OLD CITY HALL SITE City Attorney McCullough explained the changes in the lease agreement that was formerly with United Way. Neighborhood Centers is a subsidiary of United Way, Ms. McCullough informed. The lease is for five years with a provision to continue until either party gives a 180 day notice. The lessee, Neighborhood Centers, will be responsible for building maintenance. A hold harmless clause is included and insurance requirements have been raised to meet standards. In discussion, it was brought out that Neighborhood Centers cannot sublease space to make money per provisions of the agreement. It was moved by Councilmember Tetens, seconded by Councilmember Richardson, that the lease of the old City Hall site +-o Neighborhood Centers, Inc. be approved. Motion passed 5 to 0. RESOLUTION NO. R95-4, TEXAS HAZARD MITIGATION GRANT PROGRAM, BUYOUT PROGRAM Resolution No. R95-4 was read in caption by Mayor Coppinger. City Manager Grohman explained this is a Federal Emergency Management Agency (FEMA) program with a 75/25% participation, the City's portion being 25%. We have four homeowners wanting buyout, Mr. Grohman continued, and, once this is accomplished, the City will be responsible for perpetual maintenance of the land in its natural state. City Manager Grohman explained the funding process for the grant program which now is believed to give the City better odds at receiving grant funds than was originally thought. Resolution No. R95-4 was reread in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Richardson, that Resolution No. R95-4 be passed and approved on its first and only reading. Said Resolution No. R95-4 reads in caption as follows: RESOLUTION NO. R95-4 A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR AND EXECUTE AGREEMENTS ASSOCIATED WITH THE TEXAS HAZARD MITIGATION GRANT PROGRAM, SECTION 404, WITH THE PURPOSE OF PARTICIPATING IN THE BUYOUT PROGRAM. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R95-5, TEXAS HAZARD MITIGATION GRANT PROGRAM, CORRIGAN FLOOD CONTROL PROJECT Resolution No. R95-5 was read in caption by Councilmember Miller. It was moved by Councilmember Miller, seconded by Councilmember Smith, that Resolution No. R95-5 be passed and approved on its first and only reading. City Manager Grohman explained this, too, is a 75/250 participation. The preliminary estimated cost for this project is some 3 to 3 1/2 million dollars to create a lock system so the water can't backup, Mr. Grohman stated. Working with Brazoria County Drainage District No. 4, we hope to provide an in-kind contribution, Mr. Grohman informed. Councilmember Smith remarked that he had worked on this project for many years and was glad to see it coming to fruition. Said Resolution No. R95-5 reads in caption as follows: RESOLUTION NO. R95-5 A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR AND EXECUTE AGREEMENTS ASSOCIATED WITH THE TEXAS HAZARD MITIGATION GRANT PROGRAM, WITH THE PURPOSE OF DEVELOPING THE CORRIGAN FLOOD CONTROL PROJECT. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R95-6, TERAS HAZARD MITIGATION GRANT PROGRAM, GREEN TEE PRAIRIE CHANNEL AND DETENTION POND PROJECT Resolution No. R95-6 was read in caption by Councilmember Tetens. It was moved by Councilmember Tetens, seconded by Councilmember Smith, that Resolution No. R95-6 be passed and approved on its first and only reading. City Manager Grohman explained this area is near where the City is buying detention land at Old Alvin Road and Twin Creek Woods Subdivision. The proposed channel would move the water north and east. The project would benefit many people, Mr. Grohman informed. Said Resolution No. R95-6 reads in caption as follows: RESOLUTION NO. R95-6 A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR AND EXECUTE AGREEMENTS ASSOCIATED WITH THE TEXAS HAZARD MITIGATION GRANT PROGRAM, WITH THE PURPOSE OF DEVELOPING THE GREEN TEE PRAIRIE CHANNEL AND DETENTION POND PROJECT. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. APPOINTMENT OF COMMUNITY FORESTRY TASK FORCE City Manager Grohman referred to a memo in the Council packets which recommended the task force membership include the chairperson (or his/her designee) of: 1) the Planning and Zoning Commission, 2 ) the Zoning Board of Adjustment and Appeals, 3) the Parks, Recreation and Beautification Board, 4) Clean Pearland, and 5) one or more persons from the landscaping or nursery business. Mr. Grohman stated these recommendations were good in that they would not have to be reappointed each year and explained this board was needed in order to receive grant funds. IA It was moved by Councilmember Richardson, seconded by Councilmember Smith, that the appointment of the Community Forestry Task Force be as per the City Manager's recommendation. Motion passed 5 to 0. RESOLUTION NO. R95-7, AUTHORIZING STOP SIGNS IN SUNSET MEADOWS SUBDIVISION Resolution No. R95-7 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Richardson, that Resolution No. R95-7 be passed and approved on its first and only reading. Said Resolution No. R95-7 reads in caption as follows: RESOLUTION NO. R95-7 A RESOLUTION AUTHORIZING, DIRECTING, AND RATIFYING PLACEMENT AND ERECTION OF CERTAIN STOP SIGNS WITHIN THE CITY OF PEARLAND, SO AS TO CREATE A FOUR-WAY STOP INTERSECTION AT THE INTERSECTION OF BLUE HERON AND NORTH SUNSET; AND FURTHER TO PROVIDE FOR THE REPLACEMENT OF THE YIELD SIGN WITH A STOP SIGN ON BLUE HERON AT ITS T - INTERSECTION WITH CHESTERWOOD (SUNSET MEADOWS SUBDIVISION). Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and Richardson. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 685, DECLARING ANIMALS AT LARGE IN PUBLIC PARKS TO BE UNLAWFUL Ordinance No. 685 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Richardson, that Ordinance No. 685 be passed and approved on its first of two readings. Parks Director Hersh explained there has been a concern that there were no guidelines for animals at -large in the parks. The Parks Board has given its unanimous support of this document, Mr. Hersh informed, which does have provisions for exceptions and waivers. Pet owners can still take their animals to the parks, but they must be on a leash. Said Ordinance No. 685 reads in caption as follows: ORDINANCE NO. 685 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS DECLARING ANIMALS AT LARGE IN PUBLIC PARKS TO BE UNLAWFUL; PROVIDING EXCEPTIONS; PROVIDING RULES AND REGULATIONS FOR THE CONTROL OF ANIMALS IN PUBLIC PARKS; ESTABLISHING SPECIAL EVENT PERMITS, REQUIRING FEE AND INSURANCE CERTIFICATE; PROVIDING FOR IMPOUNDMENT AND PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; 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. OTHER BUSINESS: NONE hl bit [olai ti�1 " The meeting adjourned at 8:53 P. M. Minutes approved as submitted and/or corrected th's 3 day of A. D., 1995. C. V. o nger, Mayor David Smith, Mayor Pro Tem ATTEST: Pat Jones, ity Secretary, TRMC