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1995-06-19 CITY COUNCIL REGULAR MEETING MINUTES - 7:00PMZ9 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JUNE 19, 1995, AT 7:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order at 7:10 p.m., with the following present: Mayor Pro Tem/Councilmember Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Richard Tetens Jerry Richardson Randy Weber Kevin Cole Helen Beckman Paul Grohman Amy McCullough Yolanda Benitez Others in attendance: Assistant City Managers Glen Erwin and Richard Burdine; City Engineer John Hargrove; Police Chief Mike Hogg; Parks Director Ed Hersh; and Director of Administrative Services Mary Hickling. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Weber. The Pledge of Allegiance was led by Councilmember Cole. APPROVAL OF MINUTES It was moved by Councilmember Richardson, seconded by Councilmember Cole, that the minutes of the Regular Meeting of May 22, 1995, be approved as presented. Motion passed 5 to 0. MAYORS ACTIVITY REPORT State Representative Jack Harris presented a House and Senate resolution in honor of former Mayor C. V. "Vic" Coppinger to his widow, Fran Coppinger. Representative Harris cited the many contributions made by Mayor Coppinger throughout his lifetime in and for the City of Pearland. COUNCIL ACTIVITY REPORTS Councilmember Richardson spoke about the Citizens Police Academy graduation that he attended at which 20+ citizens were honored. He encouraged the citizens of Pearland to get involved in this program if they are interested. He also expressed his appreciation of all that the Police Department is doing for the City of Pearland and its citizens. CITY MANAGER'S REPORT City Manager Paul Grohman introduced Yolanda Benitez as the new City Secretary for the City of Pearland effective today. Mr. Grohman reported that the City of Pearland Lifeguard Team won first place at the competition held in Pearland last week. Also in reference to the Parks Department, Mr. Grohman stated that the July 4th celebration will be held on that day and that the gates will open at 7:00 p.m., the program will begin at 8:00 p.m. and the fireworks will start at 9:00 p.m. He also noted that attendance in the Park & Recreation Program is up as follows: In the Fall Season of 191, there were 193 people who participated; in 192, we were up to 275; in 193 (the year after Ed Hersh was brought on board), attendance jumped from 275 to 687; and that cost the taxpayers less money because the programs are paying for themselves. This year, for the Fall Season of 194, attendance went from 687 to 835 in the regular session and 216 in the mini -sessions. The Summer program this year has over 1,080 participants at this point. Mr. Grohman reported that the new animal shelter should be operational within the next month. City Manager Grohman also noted that the Service Center renovations _ are being completed and should be finalized within the next month, as well. He stated that the Emergency operations Center (EOC) is now open and has been utilized twice during the last month and a half. There was some storm damage during the last storm, but there are no dollar amounts available as yet with regard to the extent of the damage. Mr. Grohman commended the people involved in the clean-up for their quick response. City Manager Grohman spoke about the items being discussed with regard to the Police Department. He also added his appreciation of the Citizens Police Academy and encouraged citizens to sign up for the next course. City Manager Grohman commented on the flooding issue being discussed on the agenda this evening. He reported on the things that are being worked on in the area involved (South Corrigan). He noted that no work had been done in this area from 1968 through June of 1992. Mr. Grohman stated that since he came on board in June of 1992 action had been taken to speed up the drainage of the water in this area. The actions taken included: 1) The Railroad Department was contacted and they were able to remove the debris and rocks under the railroad track which had filtered down. 2) The Texas Department of Transportation was contacted with regard to replacing some tin horns which were under Highway 35 (a huge -1 impediment to things draining off). In early 193, the highway department did replace these tin horns. City Manager Grohman pointed out the problems and the answers to the flooding problems and indicated the areas involved on a map set up in the Council Chambers. One of the solutions is to build a 50- 100 acre detention site on the west side of the city. Application has been made for a federal grant which would be used to alleviate the flooding problems. He also noted that one of the detention sites would be discussed in Executive Session, as well as a study of the sewer system which runs into problems after flooding occurs. Mr. Grohman stated that a newsletter is planned to keep the citizens of Corrigan informed on the plans for the flooding problems, and the progress being made. Mr. Grohman reported on the Centennial Park project and the amenities it will have which will benefit the citizens of Pearland. CITIZENS 1. Rose Pina, Apple Springs in South Corrigan. Ms. Pina read from a prepared statement voicing her concerns regarding the flooding situation in South Corrigan. She stated that new subdivisions are not needed - that the City needed to focus on correcting the flooding problems in South Corrigan first. 2. Tena Faught, Willowick Subdivision, Pearland. Ms. Faught distributed pictures which showed the flooding problems that they have experienced in the Corrigan and Willowick area. She posed the following questions to Council: 1) What will you do if someone becomes fatally injured, ill, bitten by a snake or drowns during the next heavy rainfall where our Fire trucks cannot get in to rescue them? 2) Is there an official rescue plan? 3) Can we financially afford lawsuits due to flood - related deaths? 4) Would we not be liable for a death that 31 comes as a result of sewage in our streets during these flood times? 5) Since our property taxes are what pays your salaries what would happen if Corrigan continues to receive no relief and more homes become HUD houses, are abandoned or condemned thereby losing their taxing potential? 6) How will Pearland keep afloat? 7) What will happen if, due to the flooding problems, the growth of Pearland comes to a dead halt or property values simply bottom out - will we simply be taxed out of Pearland leaving it to become desolate? 3. Nita Booth, South corrigan - commended the Council and Paul Grohman for the excellent job they are doing. She noted that Paul answered a lot of the questions which they had concerning the flooding problems and thanked him for that. She stated that she had spoken to John Hargrove and felt that the suggestion to get gates to hold back some of the water would be a good place to start. 4. Marc Amberson, Village Mills in Willowick Subdivision - he noted that the flooding also comes across McLean Road into their subdivision. He presented a petition requesting that the City dig ditches in McLean Road so that the water can flow into Mary's Creek. He noted they will be asking the Drainage District to handle the standing water. Mr. Grohman noted that the reason ditches are not dug out is because this can cause collapse of the ditches, and there will be standing water continually. Ditches cannot always be dug deeper - there is limited capacity. He noted that detention is still basically the answer to the flooding situation. 5. Everett Kaminsky - spoke with regard to his concerns on the flooding situation. He noted that some of the drainage ditches are much smaller and some have not been cleaned out for some time. He stated that storm sewers need to be much larger towards the center of their subdivision where the serious flood problems occur. He commended Paul Grohman on his presentation, but requested that problems in South Corrigan be addressed as soon as possible, and not those in other areas where the need is not as great. 6. Carl Girod, 5407 Apple Springs, Pearland, Texas - Mr. Girod distributed pictures which depicted the water 5 hours after the flooding occurred in October. He expressed appreciation to the City Manager for his presentation but also requested that the problems be addressed quickly. Councilmember Weber asked Mr. Girod who of the entire group had the most water in their homes during the last storm. It was established that one of the families represented had one foot of water and their home is located in the 5400 block of Woodville. City Manager Grohman explained that the problems do stem from a couple of miles out and are not just in the subdivisions alone - that the problems need to be corrected from the root or base in order to stop the water from draining into the homes when flooding occurs. 7. L. B. Lyons, 5013 Apple Springs, Pearland, Texas - Mr. Lyons requested that the Council instruct the City Attorney to gather ordinances concerning retention/detention ponds for their review. He requested that the Council either enforce that ordinance or remove it from the books. He noted that the retention ponds in Willowick North and South are not usable. He suggested that detention ponds be put in for the City Hall, Library, etc. as a form of support. Mr. Lyons then spoke about the airport situation. He stated that it should remain a private concern and not become a municipal one. He suggested that the Council review the file OG concerning the airport and make a decision as to whether it is a good idea for the City to own it or not. DOCKETED PUBLIC HEARINGS NONE UNFINISHED BUSINESS ORDINANCE NO. 528-6, AN ORDINANCE AMENDING SECTIONS 6-12.5 AND 6- 12.5(B)(1), RESTRICTIONS OF KEEPING ANIMALS WITHIN THE CITY LIMITS - RATITES, OF CHAPTER 6 OF THE CITY OF PEARLAND CODE OF ORDINANCES, ANIMALS AND FOWL, FOR THE PURPOSES OF CLARIFYING REQUIRED FENCING AND THE DEFINITION OF EMUS; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Councilmember Beckman moved that the Ordinance No. 528-6 be passed on second reading, seconded by Councilmember Cole. 1. Bill Hubbard, 2255 N. Hatfield, Pearland, Texas - Mr. Hubbard addressed the Council for the reasons of requesting that the Council amend the Ordinance to remove the clause requesting that a second 4 -foot fence be installed, aside from the initial 6 foot fence required. He stated that nothing had been mentioned to him previously regarding the installation of the 4 -foot fence. Councilmember Weber queried Mr. Hubbard regarding the type of fencing he has in place at present, and clarified Mr. Hubbard's request that only a 6 -foot fence be in place and eliminate the clause requiring an additional 4 -foot barbed- wire perimeter fence. 2. Bill Grote, 16725 County Road 127, Pearland, Texas - Mr. Grote passed out an article from the Houston Chronicle regarding Emu raising. He reiterated what Mr. Hubbard stated concerning the fact that they were not told about the building of a 4 -foot fence, and also mentioned that there was not a need for it as Emus are docile animals and are not a danger to the citizens. Councilmember Cole asked Assistant City Manager Richard Burdine about the reasoning for having this amendment of the ordinance back on the City Council agenda. Mr. Burdine responded to Councilmember Cole's inquiry and provided extensive background information regarding the ordinance. Councilmember Weber asked Mr. Hubbard if this would fix his problem and Mr. Hubbard responded that it did not. He explained that he had obtained the ordinances from all the surrounding areas regarding the keeping of Emus in order to formulate the ordinance for the City of Pearland. Councilmember Weber reiterated that only one 6 -foot fence was necessary according to Mr. Hubbard and Mr. Grote. Councilmember Richardson asked for clarification on the number and sizes of the fences involved in the ordinance. The original motion was amended by Councilmember Beckman, seconded by Councilmember Richardson, that Ordinance No. 528-6 be amended to require only one 6 foot fence, and delete the requirement for the additional 6 -foot perimeter fence. Richard Burdine suggested that the ordinance be tabled in order to allow City Attorney Amy McCullough to rewrite the ordinance as amended above. Bill Grote stated that he had an additional problem with the clause which requires a 150 foot distance from the Emu pen to the nearest residence and/or public street. 33 Mayor Pro Tem Tetens explained that this is an animal control ordinance and cannot be amended at this time. Councilmember Weber requested clarification that Mr. Hubbard and Mr. Grote would not be in danger of being cited prior to this item being discussed at the next meeting. Mr. Burdine stated that they were not in any such danger. After further discussion, it was moved by Councilmember Richardson, and seconded by Councilmember Cole that this item be tabled until the next meeting and instructed the City Attorney, Amy McCullough, to amend the ordinance as requested. Motion passed 5 to 0. NEW BUSINESS AWARD OF BID NO. B95-9, ALICE ROAD ELEVATED WATER TANK. It was moved by Councilmember Richardson, seconded by Councilmember Weber, to award Bid No. B95-9 for the repair and painting of the Alice Road Elevated Water Tank to A -Way Tank Service, in the amount of $149,900 with the money being taken out of the appropriate account. Assistant City Manager Richard Burdine recommended awarding the bid to the second lowest bidder, A -Way Tank Service, in the amount of $149,000. He stated that according to the specifications, the lowest bidder, Advantage Services, did not meet the qualifications; therefore disqualifying themselves. After a poll was taken of the Councilmembers present, the motion passed 5 to 0. RESOLUTION NO. R95-45, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TERAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH LEISURE CONCEPTS & DESIGN, INC. FOR INDEPENDENCE PARR MASTER PLAN DEVELOPMENT. It was moved by Councilmember Weber, seconded by Councilmember Richardson, to approve Resolution No. R95-45. City Manager Grohman explained that there was an article in the Council packets that talked about some of the work that Leisure Concepts & Design had done in the past. After a poll of the Councilmembers, the motion passed 5 to 0. AWARD OF BID NO. B95-2 - RADIO DISPATCH CONSOLES City Manager Grohman requested that all bids be rejected and that the staff be allowed to go out for a high tech procurement procedure. It was moved by Councilmember Weber, seconded by Councilmember Cole that all bids be rejected for the awarding of Bid No. B95-2 - Radio Dispatch Consoles and allow the city staff to go out for a high tech procurement procedure. A poll was taken of all Councilmembers present, and the motion r.. passed 5 to 0. APPOINTMENT OF TWO (2) MEMBERS TO THE LIBRARY BOARD. Councilmember Richardson nominated Betty Calloway and Dorothy Burgett, seconded by Councilmember Cole. Councilmember Beckman nominated Judy Demecs. After a brief discussion, decision was made to vote -on the three nominees. Betty Calloway -- 4 votes Dorothy Burgett -- 2 votes Judy Demecs -- 4 votes -. _r The two new members appointed to the Library Board are Betty Calloway and Judy Demecs. APPOINTMENT OF THREE (3) MEMBERS TO THE ZONING BOARD OF ADJUSTMENT. Councilmember Weber moved that the three members whose terms have expired, but are eligible for re-election be reappointed to serve on the Zoning Board of Adjustment. They are as follows: Patsy Eilers John Lejsal Ben Lenamon The motion was seconded by Councilmember Richardson. The motion passed 5 to 0. RATIFICATION OF CITY MANAGER'S APPOINTMENT OF ONE (1) MEMBER TO THE CIVIL SERVICE COMMISSION. City Manager Grohman recommended the approval of Mary Starr to the Civil Service Commission. Councilmember Beckman moved to ratify the appointment of Mary Starr to the Civil Service Commission, seconded by Councilmember Richardson. The motion passed 5 to 0. APPOINTMENT OF ONE (1) MEMBER TO THE PLANNING AND ZONING COMMISSION. Councilmember Cole recommended the appointment of Randy Patro to the Planning and Zoning Commission, seconded by Councilmember Richardson. The motion passed 5 to 0. AWARD OF BID NO. B95-6 - ENTRYWAY SIGNAGE. City Manager Grohman requested that all bids be rejected to allow the staff to rebid and try to obtain lower bids. Councilmember Richardson moved that all bids be rejected for Bid No. B95-6 - Entryway Signage, seconded by Councilmember Cole. The motion passed 5 to 0. AWARD OF BID NO. B95-12 - LARGE DIAMETER HOSE AND HARDWARE FOR PEARLAND VOLUNTEER FIRE DEPARTMENT. Councilmember Cole moved to accept the bid submitted by Four Alarm Fire Equipment in the amount of $8,945 for Bid No. B95-12 - Large Diameter Hose and Hardware for Pearland Volunteer Fire Department, seconded by Councilmember Richardson. The motion passed 5 to 0. RESOLUTION NO. R95-42, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LAND LEASE AGREEMENT WITH GTE MOBILNET OF SOUTH TEXAS LIMITED PARTNERSHIP FOR A TOWER SITE ON THE PUBLIC SAFETY BUILDING GROUNDS. It was moved by Councilmember Richardson, seconded by Councilmember Cole, to approve Resolution No. R95-42. Assistant City Manager Burdine made a presentation to the City Council regarding the process involved. Motion passed 5 to 0. r -- rm RESOLUTION NO. R95-43, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE- YEAR SERVICE AGREEMENT WITH URETER USA, INC. FOR HIGH DENSITY POLYURETHANE SLABJACKING IN AN AMOUNT NOT TO EXCEED $50,000. It was moved by Councilmember Beckman, seconded by Councilmember Richardson to approve Resolution No. R95-43. City Manager Grohman noted that Uretek USA, Inc. is the sole provider for this service. Motion passed 5 to 0. APPOINTMENT OF COMMITTEE. TO THE CLEAR CREEK STEERING It was moved by Councilmember Richardson, seconded by Councilmember Weber, to appoint David Smith to the Clear Creek Steering Committee. Motion passed 5 to 0. RESOLUTION NO. R95-44, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE IN THE BEST INTERESTS OF THE CITY, CONTRACTS TO SELL AND/OR BARTER DIRT SHOULD THE OPPORTUNITY ARISE. It was moved by Councilmember Cole, seconded by Councilmember Richardson to approve Resolution No. R95-44. Motion passed 5 to 0. OTHER BUSINESS -- None ADJOURNMENT The meeting adjourned at 9:10 p. m. Minutespproved as submitted and/or corrected this JW- day of A. D., 1995. r De Richard F. Tetens Mayor Pro Tem ATTEST: 1 nda C. Benit z ity Secretary 30