1997-01-27 CITY COUNCIL REGULAR MEETING MINUTES37
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON JANUARY 27, 1997, 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
City Manager
City Attorney
Interim City Secretary
Tom Reid
Jerry Richardson
Helen Beckman
Richard Tetens
Larry Wilkins
Kevin Cole
Paul Grohman
Amy McCullough
Wendy Standorf
Others in attendance: Assistant City Manager Richard Burdine; City Engineer John
Hargrove; Director of Administrative Services Mary Hickling; Economic Development
Director Glen Erwin; Grants Director Janet Berry; Emergency Management
Coordinator David Smith; Finance Director David Castillo; and Project Coordinator
Alan Mueller.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Councilmember Cole and the Pledge of Allegiance was
led by Councilmember Richardson.
APPROVAL OF MINUTES
Councilmember Tetens made the motion, seconded by Councilmember Richardson,
to approve the minutes of the Joint Public Hearing held January 13, 1997, 6:30 p.m.,
as presented.
Motion passed 5 to 0.
Councilmember Tetens made the motion, seconded by Councilmember Richardson,
to approve the minutes of the Regular Council Meeting held January 13, 1997, 7:30
p.m., as presented.
Motion passed 5 to 0.
MAYOR'S ACTIVITY REPORT
Mayor Reid announced that he had attended the ABWA Annual Meeting on January
14 and presented a proclamation; the BCCA monthly meeting on January 15; the Gulf
Coast Water Authority Board meeting on January 16; the Clean Pearland Tree
MLN
Dedication, Winter Fest at the park, and the Pearland Volunteer Fire Department
Annual Meeting on January 18; the HGAC Board Meeting, the Library Board Meeting,
and the Historical Society Meeting on January 21; the PISD Ground Breaking of the
Jr. High on January 23; the Adult Reading Center Annual Meeting and Board Meeting,
and the Pearland Chamber Annual Meeting on January 25.
COUNCIL ACTIVITY REPORTS
Councilmember Beckman reported that she had attended Sign Committee meeting of
the Vision 20/20 Committee on January 14; the monthly BCCA meeting on January
15; the Vision 20/20 Government Infrastructure Committee Meeting on January 16;
she judged the snowman building contest at the Winterfest and the Pearland
Volunteer Fire Department Banquet on January 18; Citizen Police Academy Alumni
Meeting and the Clean Pearland Meeting on January 20; Pearland High School
Dedication on the new 9th and 10th grade building, the Annual Meeting of the Adult
Reading Center on January 23; and the Chamber Banquet on January 25.
Councilmember Tetens reported that Mayor Reid was named Chamber Member of
the Year. He also inquired as to when we are going to get the moratorium on cutting
trees?
Councilmember Richardson reported that he had attended the Brazoria County
Planning Meeting on January 15; the Infrastructure Meeting on January 16; and on
January 22nd, 100 youngsters from our community were involved in a touring cast.
Councilmember Wilkins reported that he had attended the Pearland Lion's Club
Meeting on January 7; the Chamber Banquet on January 25. Councilmember Wilkins
stated that he would like to see a change of time in some of the board/commission
meetings (those that are meeting at 4:00 in the afternoon) to encourage more citizen
participation, as most are normally at work during these hours.
Councilmember Cole reported that he attended the Strategic Planning Workshop and
conveyed his apologies to the Chamber for not attending the Banquet.
CITY MANAGER'S REPORT
City Manager Grohman first addressed the comments made by Council. Regarding
the moratorium on cutting trees; he stated that we will try to have some kind of
modified moratorium on the next agenda. Mr. Grohman informed Council that the
E.D.C. Board is the only Board that meets during business hours. They chose this
time because they usually work with businesses whose business hours are typically
8-5. However, public hearings, are held during the evening hours to encourage
citizen participation. The Heritage Plaza lights were installed and the fountain was
redone. The police consoles are being installed and are operational. Dr. Joel Fish
and the sports symposium on team building and motivation is coming up next month.
Our intersection improvements are moving along. The intersection of
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518/McLean/Walnut works. The Harkey/O'Day intersection should be complete next
week. Centennial/Oiler Drive is way ahead of schedule. City Manager Grohman also
informed the Council that we do have a developer interested in building lanes 3 & 4
from 518 to the bridge. Mr. Grohman asked Assistant City Manager to present the
"Status of the Comprehensive Plan" as follow-up to the Strategic Planning Workshop.
Mr. Burdine gave a presentation of the follow-up on Comprehensive Planning. Areas
that were covered include the Thoroughfare Plan, the Park Plan, Impact Fee Study,
and Request for Proposals for the Comprehensive Plan. He also covered the Plan
Elements, which include Land Use, the Transportation Plan, Drainage and Flood
Control, Water and Sanitary Sewer, and Community Facilities.
CITIZENS
Dale Campbell who had previously signed up to address the council was not present.
Dan Worrall - 3612 Ginger Lane, Pearland, Tx.: Gave a presentation to council
regarding the history of the Hardwood Forest along Mary's Creek and Clear Creek
and asked Council to consider the preservation of these areas when development
begins.
DOCKETED PUBLIC HEARINGS: None
UNFINISHED BUSINESS:
SECOND READING OF ORDINANCE NO. 768 - AN ORDINANCE EXTENDING THE
CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA
WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF
PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES;
APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND
BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT;
AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE (STROUHAL
ANNEXATION).
Councilmember Cole made the motion, seconded by Councilmember Richardson, to
approve Ordinance No. 768 (Strouhal Annexation) on its second and final reading.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins, and Cole.
Voting "No" - None
Motion passed 5 to 0.
SECOND READING OF ORDINANCE NO. 509-116 - 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
M
THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL
PROPERTY LOCATED ON TRACT B - 0.249 ACRES OF LAND OUT OF TRACT 6,
0.878 ACRES OF LAND OUT OF A 5.910 ACRE TRACT OUT OF THE WEST'/2 OF
LOTS 31 & 32 OF THE ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION OF
SECTION 9, H.T.&B.R.R. CO. SURVEY, A-234, BRAZORIA COUNTY, TEXAS (2641
MAX RD. - APPLICATION NO. 102) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST
OF JOE AND FRANCES SORIA, OWNERS; PROVIDING FOR AN AMENDMENT OF
THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE; AND OTHER PROVISIONS RELATED
TO THE SUBJECT.
Councilmember Wilkins made the motion, seconded by Councilmember Cole to
approve Ordinance No. 509-116 (Application No. 102) on its second and final
reading.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins, and Cole.
Voting "No" - None
Motion passed 5 to 0.
MOTION TO REMOVE FROM TABLE RESOLUTION NO. R97-2.
Councilmember Richardson made the motion, seconded by Councilmember Cole, to
remove from the table, Resolution No. R97-2.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins, and Cole.
Voting "No" - None
Motion passed 5 to 0.
RESOLUTION NO. R97-2 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
SUBMIT A PROPOSAL TO THE 1997 HARRIS COUNTY HOUSING AND COMMUNITY
DEVELOPMENT AGENCY'S COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM FOR REHABILITATION OF THE CITY'S SEWER SYSTEM AND PRIVATE
SERVICE LINES IN A SECTION OF THE OLD TOWN SITE AREA; AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL DOCUMENTS ASSOCIATED
WITH THE PROJECT; AND ALLOCATING FROM THE CITY'S UTILITY FUND, THE
CITY'S COSTS ASSOCIATED WITH THE PROJECT.
Councilmember Richardson made the motion, seconded by Councilmember Tetens,
to approve Resolution No. R97-2 in its first and only reading.
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Janet Berry addressed the Council, informing them that we have applied for this grant
four times and have received funds the last two times. The project is located in the
Old Town Sites for sewer rehabilitation. We are requesting funds of $520,000 with a
City contribution of $54,000. This is for low to moderate income families (families of
four with an annual income of $36,800 or less).
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins, and Cole.
Voting "No" - None
Motion passed 5 to 0.
NEW BUSINESS:
Mayor Reid requested that Councilmember Cole read Ordinance No. 509-117,
Ordinance No. 509-118, and Ordinance No. 509-120 into the record so they could be
acted on together, as they are all zone change requests from Suburban Development
(SD) to Single Family Dwelling District (R-1).
FIRST READING OF ORDINANCE NO. 509-117 - 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 CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY
LOCATED ON LOT 3, BLOCK 2 OF GARDEN ACRES SUBDIVISION, SECTION 2, AN
ADDITION IN BRAZORIA COUNTY, TEXAS (2549 GARDEN RD. -APPLICATION NO.
106) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE-FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF BOBBY F.
PEARCE, OWNER; PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT
MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE
DATE; AND OTHER PROVISIONS RELATED TO THE SUBJECT.
FIRST READING OF ORDINANCE NO. 509-118 - 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 CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY
LOCATED ON A PARCEL OF LAND BEING 150 FEET X 350 FEET OUT OF TRACT
"E", A 300 FOOT X 350 FOOT PORTION OF THE H.C. JOHNSTON 99 -ACRE TRACT,
BEING THE SOUTH 99 ACRES OF THE H.T.&B.R.R. CO. SURVEY, SECTION 7,
ABSTRACT 219, BRAZORIA COUNTY, TEXAS, AS DESCRIBED IN DEED RECORDED
IN VOLUME 595, PAGE 63 OF THE DEED RECORDS OF BRAZORIA COUNTY,
TEXAS, AND BEING KNOWN AS GARDEN ACRES, SECTION ONE, AN
UNRECORDED SUBDIVISION IN BRAZORIA COUNTY, TEXAS (6211 LAURIE ST. -
APPLICATION NO. 107) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE-FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST
OF MICHAEL J. AND SUSAN J. MUTINA, OWNERS; PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE; AND OTHER
PROVISIONS RELATED TO THE SUBJECT.
FIRST READING OF ORDINANCE NO. 509-120- AN ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN ` y
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE
PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY
LOCATED ON LOT 4, BLOCK 3, GARDEN ACRES SUBDIVISION, SECTION 2, AN
UNRECORDED SUBDIVISION OUT OF THE SOUTH 99 ACRES OF SECTION 7,
H.T.&B.R.R. CO. SURVEY, ABSTRACT 219, BRAZORIA COUNTY, TEXAS (2554 LAZY
BEND ST. -APPLICATION NO. 109) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE-FAMILY DWELLING DISTRICT (R-1) AT
THE REQUEST OF H.L. HEBERT, OWNER; PROVIDING FOR AN AMENDMENT OF
THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE; AND OTHER PROVISIONS RELATED
TO THE SUBJECT.
Councilmember Cole made the motion, seconded by Councilmember Richardson, to
approve Ordinance No. 509-117, Ordinance No. 509-118, and Ordinance No. 509-
120 on their first reading.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins, and Cole
Voting "No" - None
Motion passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-119 - 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 CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY
LOCATED ON LOT 5, BLOCK 3, OF SKYWAY MANOR OF THE H.T.&B.R.R. CO.
SURVEY (2751 MANVEL RD. -APPLICATION NO. 108) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT
(GB) AT THE REQUEST OF JESSE GALLEGOS, OWNER; PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE; AND OTHER
PROVISIONS RELATED TO THE SUBJECT.
Councilmember Richard Tetens made the motion, seconded by Councilmember
Richardson, to approve Ordinance No. 509-119 on its first reading.
Assistant City Manager Burdine gave details regarding the location. Mr. Burdine also
informed the Council that a zone change to Commercial (C) had been previously
requested, and denied, and the property owner is now applying for General Business
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2(GB). The difference in the two zones being that Commercial (C) allows outside use
and General Business (GB) does not allow outside use.
Mayor Reid read the letter of recommendation from the Planning & Zoning
Commission into the record.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins, and Cole.
Voting "No" - None
Motion passed 5 to 0.
APPOINTMENT OF ONE (1) MEMBER AND TWO (2) ALTERNATES TO THE
ZONING BOARD OF ADJUSTMENTS.
Councilmember Richardson made the motion, seconded by Councilmember Cole to
table this item until Council was able to interview these potential board members as
they have done in the past.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins, and Cole.
Voting "No" - None
Motion passed 5 to 0.
FIRST READING OF ORDINANCE NO. 770 - AN ORDINANCE EXTENDING THE
CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA
WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF
PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES;
APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND
BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT;
AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE (AYRSHIRE
CORPORATION).
Councilmember Beckman made the motion, seconded by Councilmember Cole, to
approve Ordinance No. 770 on its first reading.
City Manager Grohman recommended approval.
City Attorney McCullough stated that the Service Plan is attached as an exhibit.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins, and Cole.
Voting "No" - None
Motion passed 5 to 0.
AWARD OF BID NO. B97-3 - 12'X 20'X 9' CONCRETE BUILDING.
Emergency Management Coordinator David Smith presented the only bid received on
the Radio Room Project, which was from RufNek in the amount of $22,130.
City Manager Grohman recommended approval.
Councilmember Richardson made the motion, seconded by Councilmember Tetens
to award Bid No. B97-3 in the amount of $22,130 to RufNek.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins, and Cole.
Voting "No" - None
Motion passed 5 to 0.
RESOLUTION NO. R97-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
APPLY TO THE TEXAS STATE LIBRARY UNDER THE TITLE II PUBLIC LIBRARY
CONSTRUCTION PROGRAM FOR GRANT FUNDS TO EXPAND OR REPLACE THE
CURRENT LIBRARY.
Councilmember Larry Wilkins made the motion, seconded by Councilmember
Beckman, to approve Resolution No. R97-5 on its first and only reading.
City Manager Grohman informed the Council that we would be allowed a maximum of
$100,000 if the library is relocated, and $75,000 for expansion of the current library,
and recommends approval.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins, and Cole.
Voting "No" - None
Motion passed 5 to 0.
RESOLUTION NO. R97-6 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING PUBLICATION OF NOTICE OF INTENTION
TO ISSUE CERTIFICATES OF OBLIGATION IN A PRINCIPAL AMOUNT NOT TO
EXCEED $6,250,000 FOR THE ACQUISITION, CONSTRUCTION AND
IMPROVEMENTS OF CERTAIN PUBLIC WORKS, AUTHORIZING DISTRIBUTION OF A
PRELIMINARY OFFICIAL STATEMENT RELATING TO SUCH CERTIFICATES AND
AUTHORIZING CERTAIN OTHER MATTERS RELATING THERETO.
Councilmember Cole made the motion, seconded by Councilmember Richardson to
approve Resolution No. R97-6.
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City Manager Grohman stated that this was in response to the Council wish list for
street projects, seed money for Independence Park projects, drainage projects and
library expansion/relocation; and recommends approval.
Assistant City Manager Burdine stated that the list of. projects included are in excess
of $8 million dollars, therefore, we would have to prioritize the projects.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins, and Cole.
Voting "No" - None
Motion passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session at 9:00 p.m. to discuss the following:
SECTION 551.072 - CONSULTATION WITH CITY ATTORNEY REGARDING
ACQUISITION OF REAL PROPERTY FOR EXPANSION OF CITY FACILITIES.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 9:15 p.m.
DIRECTION TO STAFF REGARDING EXPANSION OF CITY FACILITIES.
Councilmember Cole made the motion, seconded by Councilmember Richardson to
authorize staff to proceed with actions necessary to acquire property for city facilities
including, but not limited to the expansion and/or relocation of administration offices,
public library, meeting facilities and green space, and authorize the City Manager or
his designee to enter into an agreement with architectural/engineering firms to design
and engineer plans for expansion of said city facilities.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins, and Cole.
Voting "No" - None
Motion passed 5 to 0.
ADJOURNMENT
Meeting was adjourned at 9:16 p.m.
lzyutep approved as submitted and/or corrected this the day of
A.D., 1997.
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Tom Reid
Mayor
ATTEST:
Wendy StaAo6rf
Interim Cix retary