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1995-06-19 CITY COUNCIL REGULAR MEETING MINUTES - 8:00PM60 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TERAS, HELD ON JUNE 19, 1995, AT 8:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order at 9:16 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; and Parks Director Ed Hersh. MAYOR'S ACTIVITY REPORT Mayor Pro Tem Tetens presented a proclamation, with assistance from Parks & Recreation Director Ed Hersh, naming July as National Recreation and Parks Month. COUNCIL ACTIVITY REPORTS -- None CITY MANAGER'S REPORT -- None CITIZENS -- None DOCKETED PUBLIC HEARINGS -- None UNFINISHED BUSINESS -- None Councilmember Weber asked the City Attorney if items 1, 2 and 3 under New Business could be lumped together in one motion. City Attorney McCullough stated that this could be done. NEW BUSINESS ACCEPTANCE OF COBBLESTONE SUBDIVISION. ORDINANCE NO. 694, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TERAS ESTABLISHING STOP SIGNS WITHIN THE CORPORATE CITY LIMITS OF THE CITY OF PEARLAND UPON WHITESTONE DRIVE AT ITS INTERSECTION WITH MAGNOLIA, UPON FOX RUN DRIVE AT ITS INTERSECTION WITH WHITESTONE DRIVE, UPON STONEBRIDGE DRIVE AT ITS INTERSECTION WITH WHITESTONE DRIVE, UPON TEAL GLEN DRIVE AT ITS INTERSECTION WITH WHITESTONE DRIVE, UPON FOR RUN DRIVE AT ITS INTERSECTION WITH STONEBRIDGE DRIVE, UPON TEAL GLEN DRIVE AT ITS INTERSECTION WITH STONEBRIDGE DRIVE, AND UPON STONEBRIDGE DRIVE AT ITS INTERSECTION WITH VETERANS DRIVE (COBBLESTONE SUBDIVISION); PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. 37 ORDINANCE NO. 695 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TERAS ESTABLISHING STOP SIGNS WITHIN THE CORPORATE CITY LIMITS OF THE CITY OF PEARLAND UPON GEORGE STREET AT ITS INTERSECTION WITH BRIARGLEN DRIVE, UPON BRIARGLEN DRIVE (SOUTH) AT ITS INTERSECTION WITH GEORGE STREET, UPON BRIARGLEN DRIVE (NORTH) AT ITS INTERSECTION WITH GEORGE STREET (BRIARGLEN SUBDIVISION, SECTION TWO); PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. It was moved by Councilmember Weber, seconded by Councilmember Richardson, to accept the Cobblestone Subdivision, approve Ordinance No. 694, and approve Ordinance No. 695. The motion passed 5 to 0. RESOLUTION NO. R95-40, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE THE LETTER AGREEMENT WITH TEJAS GAS PIPELINE COMPANY REGARDING DRAINAGE SWALE CONSTRUCTION ON TGC TRACT NO. 45082 IN BRAZORIA COUNTY, TEXAS FOR PURPOSES OF DRAINAGE IMPROVEMENTS. It was moved by Councilmember Beckman, seconded by Councilmember Cole, to approve Resolution No. R95-40. City Engineer John Hargrove reviewed the map detailing the area noted above. He noted that he had been in discussions with the City Attorney regarding final language of the contract. It was the City Engineer's recommendation that this resolution be approved conditioned upon the City Attorney's acceptance of the final r- language of the contract. City Attorney Amy McCullough cautioned the Council that the possibility remained that they would not be able to negotiate the contract to the satisfaction of both the City and the contractor. Motion passed 5 to 0. RESOLUTION NO. R95-41, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING DATES IN JULY, 1995. It was moved by Councilmember Richardson and seconded by Councilmember Cole that a double meeting for the month of July be held on Monday, July 31, 1995 due to conflicts in the Councilmembers' vacation and business schedules. Motion passed 5 to 0. ACCEPTANCE OF RUSTIC OARS SUBDIVISION. Councilmember Cole moved to accept the Rustic Oaks Subdivision, seconded by Councilmember Richardson. City Engineer John Hargrove recommended acceptance by the Council r subject to the completion of listed deficiencies which he itemized for the Council. Councilmember Cole amended his motion to approve acceptance of Rustic Oaks Subdivision condition upon the completion of the deficiencies noted by John Hargrove. The motion was seconded by Councilmember Richardson. Motion passed 5 to 0. ORDINANCE NO. 696, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TERAS ESTABLISHING STOP SIGNS WITHIN THE CORPORATE CITY LIMITS OF THE CITY OF PEARLAND UPON INVERNESS LANE AT ITS INTERSECTION WITH DIXIE FARM ROAD, UPON INVERNESS COURT AT ITS INTERSECTION WITH INVERNESS LANE (RUSTIC OARS SUBDIVISION); PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Councilmember Richardson moved that Ordinance No. 696 be approved, seconded by Councilmember Cole. The motion passed 5 to 0. RESOLUTION NO. R95-38, A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR AND EXECUTE ALL AGREEMENTS ASSOCIATED WITH THE AUTOMOBILE THEFT PREVENTION AUTHORITY (ATPA) GRANT PROGRAM AND GIVING NECESSARY ASSURANCES REGARDING THE COST SHARE OF THE PROJECT. Councilmember Weber moved to adopt Resolution No. R95-38, seconded by Councilmember Richardson. Police Chief Mike Hogg explained the benefits of participating in this project and noted that there would be 100% funding for this year and next year, with an option to apply for the 3rd -5th years at 80%. He also noted that funds for educational materials would also be included in this grant. The motion passed 5 to 0. PRESENTATION OF SCHOOL RESOURCE OFFICERS) AND AUTHORIZATION TO NEGOTIATE WITH PEARLAND INDEPENDENT SCHOOL DISTRICT FOR FUNDING. Chief Mike Hogg noted the features of this program and explained that the school board is in agreement with this program, and he recommended that authorization be granted. Councilmember Richardson moved to authorize negotiation with the Pearland Independent School District for funding of school resource officer(s), seconded by Councilmember Weber. The motion passed 5 to 0. RESOLUTION NO. R95-39, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE THE LONGWOOD WASTEWATER TREATMENT PLANT PERMIT AMENDMENT APPLICATION TO INCREASE THE PERMITTED FLOW THROUGH THE PLANT, AND TO APPLY FOR STATE REVOLVING FUNDS FOR CONSTRUCTION OF THE IMPROVEMENTS NEEDED. Councilmember Cole moved to approve Resolution No. R95-39, seconded by Councilmember Richardson. The motion passed 5 to 0. OF OAKBROOK ESTATES, SECTION ONE SUBDIVISION. City Engineer John Hargrove explained that this subdivision would be adding 25.6 acres of land or 72 lots. He asked that Council grant approval to accept this subdivision subject to the completion of a list of deficiencies which he itemized for the Council. Councilmember Weber moved for the acceptance of this subdivision subject to the completion of the deficiencies listed by City Engineer John Hargrove, seconded by Councilmember Richardson. The motion passed 5 to 0. 39 ORDINANCE NO. 697, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TERAS, ESTABLISHING STOP SIGNS WITHIN THE CORPORATE CITY LIMITS OF THE CITY OF PEARLAND UPON BESTIN OAKS DRIVE AT ITS INTERSECTION WITH DIXIE FARM ROAD, UPON BESTIN OAKS DRIVE AT ITS INTERSECTION WITH BRANCH HILL DRIVE, UPON BRANCH HILL DRIVE AT ITS INTERSECTION WITH OAKWICK DRIVE, UPON OAK LODGE DRIVE AT ITS INTERSECTION WITH OAKWICK DRIVE (OAKBROOK ESTATES SUBDIVISION, SECTION ONE) PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. It was moved by Councilmember Richardson, seconded by Councilmember Cole, to approve the adoption of Ordinance No. 697. Motion passed 5 to 0. RESOLUTION NO. R95-46, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ENGINEERING CONTRACT FOR AN INFLOW AND INFILTRATION REDUCTION STUDY OF THE CORRIGAN AND RYAN ACRES SUBDIVISIONS. It was moved by Councilmember Weber, seconded by Councilmember Richardson to approve Resolution No. R95-46. City Manager Grohman noted that the general cost of this study would be about $18,000. He also noted that they anticipate finding that there will be over $100,000 worth of construction problems due to age and change in technology. Motion passed 5 to 0. OTHER BUSINESS -- At this point, 10:10 p.m., the Council went into Executive Session to discuss the following: Section 551.072 - Acquisition of land - Discussion of possible purchase of property for a sewer plant and/or detention facilities. Section 551.072 - Acquisition of land - Discussion of possible condemnation of property for a drainage easement. NEW BUSINESS (CONTINUED) DIRECTION TO CITY STAFF REGARDING ACQUISITION OF LAND FOR A SEWER PLANT AND/OR DETENTION FACILITIES. It was moved by Councilmember Weber, and seconded by Councilmember Richardson, that Council direct City staff to proceed with the acquisition of land for a sewer plant and/or detention facilities based on the lowest possible price obtainable and in the City's best interests. Motion passed 5 to 0. DIRECTION TO CITY STAFF REGARDING ACQUISITION OF LAND FOR A DRAINAGE EASEMENT. It was moved by Councilmember Weber, and seconded by Councilmember Richardson, that Council direct City staff to proceed with the acquisition of the land for a drainage easement. Motion passed 5 to 0. M ADJOURNMENT The meeting adjourned at 10:35 p.m. Minutes approved as submitted and/or corrected this g day of A. D., 1995. I GGG Richa d F. Tetens Mayor Pro Tem ATTEST: c 4Yoan a C. Benit z City Secretary