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1997-02-24 CITY COUNCIL REGULAR MEETING MINUTESr-- MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON FEBRUARY 24, 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 ProTem 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; Economic Development Director Glen Erwin; Police Chief Mike Hogg; Assistant Police Chief J.C. Doyle; Police Support Supervisor Paul Dillon; Strategic Planning Coordinator/Grants Director Janet Berry; Finance Director David Castillo; Project Manager Alan Mueller; Benefits Specialist Young Lorfing; and Communications Technician John Knight. CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was lead by Councilmember Richardson; the pledge of allegiance was lead by Councilmember Tetens. APPROVAL OF MINUTES Councilmember Tetens made the motion, seconded by Councilmember Richardson, to approve the minutes of the regular City Council meeting of February 10, 1997; 7:30 p.m. MAYOR'S ACTIVITY REPORT Mayor Reid reported that on February 11, he attended the Gulf Coast Water Authority Planning and Development Committee Meeting and the PEDC quarterly reception; on February 12, he attended the Adult Reading Board; on February 13, he attended the Neighborhood Center Annual Dinner, and the Pearland 20/20 Reception Dinner; on Page 1 of 11 - 2/24 01(ifr.e February 14, he was the celebrity reader at Carlston Elementary; on February 16, he welcomed the Regional Lions Club District Officers; On February 17, he attended the Community Appearance Workshop; on February 18 he attended the HGAC Board of Directors Meeting; on February 19, he attended the Chamber of Commerce State of the City Program; on February 20, he attended the Gulf Coast Water Authority Board of Directors Meeting and the Briarglen Home Owners Association Meeting; and on February 21, he attended the Cub Scouts Annual Banquet and Awards Ceremony. COUNCIL ACTIVITY REPORTS Councilmember Beckman reported that on February 11, she attended the PEDC Educational Meeting; on February 12, she attended the Adult Reading Center; on February 13, she attended the PTA Reception and the Vision 20/20 Banquet; on February 15, she attended the Citizen's Police Academy; and on February 19, the Brazoria County Drainage Dist. #4 Drainage Meeting. Councilmember Tetens reported that he attended the Pearland 20/20 Banquet and commended Janet Berry and citizens that participated on that committee for doing a great job. Councilmember Richardson stated that some of the citizen groups need to be made permanent structures. Councilmember Wilkins reported that he had attended the Lions Club District Meeting; the Pearland 20/20 banquet; the workshop on February 17 and volunteered to be on the Sign Ordinance Committee; he also attended the State of the City Luncheon. Councilmember Cole reported that he had attended the PEDC Education Reception and the PEDC Workshop on February 13 with sight selectors informing them of what are they looking for when they are choosing sights. CITY MANAGER'S REPORT City Manager Grohman informed Council that EDC has moved forward to do a demographic study on our community; David Castillo working to get new bond rating we are currently at an A; Centennial/Oiler should be open for traffic within 30 days, this is very important since the bridges are closed at Mary's Creek; the Old Alvin Road project is complete; the PD consoles are in and operational; the Radio Building will be operational about March 10, tonight the three year process of computerization of PD will be presented to Council; Mr. Grohman spoke to L.B.J. School regarding Employee Development; we are working with Tx DOT to change plans on town ditch at Wal-Mart/K- Page 2 of 11 - 2/24 Im Mart - they are ready to replace bridge when we are; this is approximately 3 years ahead of what was originally planned. CITIZENS DOCKETED PUBLIC HEARINGS None UNFINISHED BUSINESS SECOND READING OF ORDINANCE NO. 772 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING CRITERIA AND REGULATIONS FOR THE PRESERVATION OF TREES OF THE CITY OF PEARLAND, TEXAS, PROVIDING MINIMUM STANDARDS; PROVIDING FOR THE REPLACEMENT AND REPLANTING OF TREES THAT ARE REMOVED DURING CONSTRUCTION, DEVELOPMENT OR PRE -DEVELOPMENT; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Councilmember Beckman made the motion, seconded by Councilmember Tetens to approve ordinance no. 772 on the second and final reading. Frances Jamison 2417 E. Broadway, Pearland, addressed Council regarding this ordinance and if it will apply to her orchards; she requested that Council table the ordinance. Bob Burgess 2901 Country Club Drive, Pearland, addressed Council in support of the ordinance, protecting oaks, pines, etc. However, the term tree ordinance does not address what is valuable; would like to see some clarification. Several Councilmembers would like to see the Criteria Manual as a cross reference in the ordinance. Paul reminded Council that a couple of years ago we received a state grant to tell us what the significant trees were. He also advised Council that the Park Superintendent/Urban Forester will come on board March 3 and would be responsible for enforcement. There was lengthy discussion regarding adding Criteria Manual as an appendix and Page 3 of 11 - 2/24 �t ii ArbIdfil providing some clarifications in the ordinance. Councilmember Beckman amended her motion to include adding the Criteria Manual as an attachment to the ordinance so that it may be cross-referenced; also include with the definition of "tree", a reference to the Criteria Manual and classifications therein, to clarify that only certain classes of trees are protected by the ordinance, Councilmember Tetens amended his seconded accordingly. City Attorney Amy McCullough informed Council that the wording on page six (6) was rearranged, however, it did not change the content. Voting "Aye" Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" None Motion passed 5 to 0. NEW BUSINESS AUTHORIZE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AN AGREEMENT WITH HTE FOR PURCHASE, INSTALLATION, AND MAINTENANCE OF INTEGRATED COMPUTERAIDED DISPATCH AND POLICE RECORDS MANAGEMENTAND MOBILE COMPUTING SYSTEMS. Chief Hogg gave presentation regarding the proposed computer system. Paul Strother and Ben Rosenberg with HTE were present. Chip Collins with the Accord Group was present and is the consultant on this project. Mr. Collins discussed the current system; selection of a new system; contract negotiations; recommendations; and costs. Chief Hogg informed Council that the cost for the inhouse system would be $512,850; the mobiledata $246,900 for a total of $759,750. There was lenghty discussion regarding the financing. Councilmember Richardson made the motion, seconded by Councilmember Beckman, to authorize the City Manager or his designee to negotiate an agreement with HTE for purchase, installation, and maintenance of integrated computer aided dispatch and police records management and mobile computting systems in the amount of $759,750. Page 4 of 11 - 2/24 Voting "Aye” Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" None Motion passed 5 to 0. CONSIDERATION AND POSSIBLE ACTION - AWARD OF BID NO. B97-1 FOR CONSTRUCTION OF WATER LINE, STORM SEWER, AND PAVING FACILITIES FOR SCHLEIDER DRIVE IN ACCORDANCE WITH PEARLAND INDEPENDENT SCHOOL DISTRICT INTERLOCAL AGREEMENT. Councilmember Tetens made the motion, seconded by Councilmember Richardson to award Bid No. B97-1 to Brown and Root in the amount of $435,435. Richard Burdine reminded Council that the City's portion of this cost of this project is approximately $87,000; the remainder of the cost will be absorbed by the school. Mr. Burdine recommended awarding the bid to Brown and Root. Voting "Aye" Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" None Motion passed 5 to 0. CONSIDERATION AND POSSIBLE ACTION - AWARD OF BID NO. B97-2 FOR CONSTRUCTION OF WATER AND SANITARY SEWER IMPROVEMENTS FROM MYKAWA ROAD TO STATE HIGHWAY 35 (MAIN STREET) IN ACCORDANCE WITH PEARLAND ECONOMIC DEVELOPMENT CORPORATION'S PROJECT TO UPGRADE INFRASTRUCTURE IN THE CITY'S REINVESTMENT ZONE. Councilmember Richardson made the motion, seconded by Councilmember Cole to award Bid No. B97-2 in the amount of $159,963. to Kinsel. Assistant City Manager Richard Burdine recommended approval. Voting "Aye" Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" Motion passed 5 - 0. Page 5 of 11 - 2/24 66 .,,i iee�119�i4 CONSIDERATION AND POSSIBLE ACTION - ACCEPT THE RECOMMENDATION OF THE PLANNING & ZONING COMMISSION NOT TO PURSUE CITY INITIATED BLANKET ZONE CHANGES UNTIL THERE IS A COMPREHENSIVE PLAN ADOPTED BY THE CITY COUNCIL. Councilmember Wilkins made the motion, seconded by Councilmember Beckman to accept the recommendation of the Planning & Zoning Commission not to pursue City initiated blanet zoning changes until there is a comprehensive plan adopted by the City Council. Voting "Aye" Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" None Motion passed 5 to 0. CONSIDERATION AND POSSIBLE ACTION - APPOINT TWO (2) COUNCILMEMBERS TO SERVE ON THE PEARLAND/HOBBY AREA CHAMBER OF COMMERCE LEADERSHIP COUNCIL COMMITTEE IN CONJUNCTION WITH THE MAYOR AND CITY MANAGER. Councilmember Cole nominated Larry Wilkins; Councilmember Tetens nominated Helen Beckman; Mayor Reid stated that Councilmember Cole was interested in participating as well. Discussion ensued regarding Councilmembers Wilkins and Cole being members and Councilmember Beckman being an alternate. Councilmember Cole made the motion, seconded by Councilmember Richardson to appoint Councilmember Wilkins and Councilmember Cole as regular members and appoint Councilmember Beckman as an alternate member to serve on the Pearland/Hobby Area Chamber of Commerce Leadership Council Committee, in conjunction with the Mayor and City Manager. Voting "Aye" Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" None Motion passed 5 to 0. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 773, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, ESTABLISHING THE PEARLAND CHANNEL REVIEW BOARD, ITS PURPOSES, Page 6 of 11 - 2/24 �s% AUTHORITY, AND RESPONSIBILITES; PROVIDING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Councilmember Beckman made the motion, seconded by Councilmember Tetens to approve Ordinance No. 773 on its first reading. City Attorney Amy McCullough informed Council that the ordinance was drafted to create the board which will make recommendations to Council. She reminded Council that they passed the resolution at last meeting and now the ordinance will enable them to appoint members to the board at a later date. Voting "Aye" Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" None Motion passed 5 to 0. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-121, AN ORDINANCE OF THE CITY COUNCIL 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 1.00 ACRES OF LAND OUR OF 3.144 ACRE TRACT OF LAND OUT OF LOT 23 OF THE ALLISON RICHEY GULF COAST HOME COMPANY'S SUBURBAN GARDEN'S SUBDIVISION OF SECTION 8, H.T. &B. R.R. CO. SURVEY, A-504, BRAZORIA COUNTY, TEXAS, SAID SUBDIVISION RECORDED IN VOL. 2, PAGE 23 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, (6913 BROADWAY) APPLICATION NO. 96. Councilmember Tetens made the motion, seconded by Councilmember Richardson to approve Ordinance No. 509-121. Voting "Aye" Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" None Motion passed 5 to 0. CONSIDERATION AND POSSIBLE ACTION —ACCEPTANCE OF SECTIONS 4 & 5 OF Page 7 of 11 - 2/24 68 q(,! BRIARGLEN SUBDIVISION. Councilmember Richardson made the motion, seconded by Councilmember Tetens to accept Sections 4 & 5 of Briarglen Subdivision. Assistant City Manager Richard Burdine recommended approval. Voting "Aye" Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" None Motion passed 5 to 0. Amy McCullough advised Council that Ordinance No. 774 & 775 could be acted upon together as they are both stop sign ordinances. CONSIDERATION AND POSSIBLE ACTION - ORDINANCE NO. 774 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON GEORGE STREET IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH LONG VIEW DRIVE, UPON JANET COURT IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH JANET PLACE, UPON BRIAR COURT IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH GEORGE STREET, UPON BRIAR CREST COURT IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH GEORGE STREET (BRIARGLEN, SECTIONS 4 AND 5); PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS 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 PUBLC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. CONSIDERATION AND POSSIBLE ACTION - ORDINANCE NO. 776 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON SUNSET MEADOWS DRIVE IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH CHELSEA LANE, UPON SUNSET MEADOWS DRIVE IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH CHELSEA LANE (SUNSET LAKES, SECTION 2); PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND FOR CODIFICATION; AND DECLARING AN EMERGENCY Page 8 of 11 - 2/24 X69 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 Wilkins made the motion, seconded by Councilmember Richardson to approve Ordinance No. 774 and Ordinance No. 775 on their first and only reading. Voting "Aye" Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" None Motion passed 5 to 0. RESOLUTION NO. R97-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ENDORSING IMPROVEMENTS TO MYKAWA ROAD AND NEW CONSTRUCTION OF A ROAD AND RAILROAD OVERPASS ON AN EXTENSION OF THE ALIGNMENT OF FM 2234 IN THE CITY OF PEARLAND. Councilmember Cole made the motion, seconded by Councilmember to approve Resolution No. R97-13. Project Manager Alan Mueller informed Council that this needed to be approved to be placed on the Tx DOT May 29, 1997 agenda. Voting "Aye" Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" None Motion passed 5 to 0. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R97-14, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING DATES IN MARCH BECAUSE OF CONFLICT WITH BRAZORIA COUNTY DAYS. Councilmember Beckman made the motion, seconded by Councilmember Wilkins to change the regularly scheduled March meetings of March 10 and March 24, 1997; with the first regluar meeting to commence at 8:00 p.m. on March 3, 1997 and the second regular meeting to commence at 7:30 p.m. on March 31, 1997. Voting "Aye" Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Page 9 of 11 - 2/24 0 Voting "No" None Motion passed 5 to 0. CONSIDERATION AND POSSIBLE ACTION - DIRECTIVE TO STAFF TO INITIATE A SERVICE PLAN FOR ANNEXATION OF LAND IN THE MCHARD ROAD AREA. Councilmember Tetens made the motion, seconded by Councilmember Cole to direct staff to initiate a service plan for annexation of land in the McHard Road Area. City Manager Grohman stated that there were concerns from land owners in the area that the land may not be in its current desirable state as there has been some activity of possibly purchasing land in this area for fuel storage. Annexing this area would protect the integrity of the area. Voting "Aye" Councilmembers Beckman, Tetens, Richardson, Wilkins and Tetens. Voting "No" None Motion passed 5 to 0. OTHER BUSINESS Council adjourned into executive session at 9:25 p.m. SECTION 551.074 - PERSONNEL MATTERS - DISCUSSION CONCERNING APPOINTMENT OF ASSOCIATE MUNICIPAL JUDGE. NEW BUSINESS CONTINUED Council returned from executive session at 9:53 p.m. CONSIDERATION AND POSSIBLE ACTION - APPOINTMENT OF ASSOCIATE MUNICIPAL JUDGE. Councilmember Cole made the motion seconded by Councilmember Richardson to appoint Judge Edward P. Sillas as Associate Municipal Judge. Voting "Aye" Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" None Page 10 of 11 -2/24 Motion passed 5 to 0. ADJOURNMENT Meeting adjourned at 9:54 p.m. Mi utes approved as submitted and/or corrected this the day of A.D., 1997. Tom Reid Mayor ATTEST: 'Jt4a6z Wendy Staorf Interim City ecretary Page 11 of 11 - 2/24 ?' 71 MINUTES OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD ON MARCH 3, 1997, AT 7:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The hearing was called to order with the following present: Mayor Tom Reid Councilmember Richard Tetens Councilmember Helen Beckman Councilmember Kevin Cole P & Z Vice Chairman Pat Lopez Commissioner Jack Mathis Commissioner Emil Beltz Commissioner Marshall Eggers Interim City Secretary Wendy Standorf Others in attendance: Assistant City Manager Richard Burdine; City Engineer John Hargrove; and Project Coordinator Alan Mueller. P & Z Vice Chairman Pat Lopez read the purpose of the public hearing into the record. PURPOSE OF HEARING - APPLICATION NO. 111 Request of Sherry L. Applewhite, agent, for Ayrshire Corporation, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Multi -Family Dwelling District -Planned Unit Development (MF -PUD) on the following described property, to -wit: Being 5.015 acres of land in the W.D.C. Hall Survey, A-23, Harris County, Texas, and being out of a 38.360 acre tract of land conveyed to Ayrshire Corporation by deed filed under Harris County Clerk File No. K-436255 of the Official Public Records of Real Property of Harris County. Assistant City Manager Richard Burdine reminded Council that this property had just been annexed into the city and the only portion that is being considered at this time is Reserve A. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST Mr. Steve Nichols, the developer representing Ayrshire Corporation addressed Council informing them that the project would be a 93 unit assisted living project. He further stated that it would be campus style living, offering services in as a social model rather than a medical model. This environment is one that will nurture the