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1997-07-14 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JULY 14, 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 City Manager City Attorney City Secretary Tom Reid Helen Beckman Larry Wilkins William Berger Kevin Cole Paul Grohman Amy McCullough Young Lorfing Others in attendance: Executive Director P.E.D.C. Glen Erwin; Project Coordinator Alan Mueller; Police Chief Mike Hogg; City Engineer John Hargrove; Parks and Recreation Director Ed Hersh; Grants Director Janet Berry; Planning and Community Development Director Dennis Smith; Fire Chief John Munsch; Assistant Fire Chief Paul Jamison; and Emergency Management Director David Smith. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Councilmember Cole and the Pledge of Allegiance was led by Emergency Management Director, David, Smith. APPROVAL OF MINUTES Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Beckman to approve the minutes of the Joint Public Hearing at 6:30 p.m., Public Hearing at 6:30 p.m. and the Regular Council Meeting at 7:30 held on July 23,1997; and the Special Council Meeting held on June 27, 1997 at 6:30 p.m. Voting "Aye" Councilmembers Cole, Berger, Beckman, and Wilkins. Voting "No" None. Motion Passed 4 to 0 Page 1 of 11 - 7/14 MAYOR'S REPORT 24.1 Mayor Reid dispensed with the activity reports, due to the size of the meeting. Mayor Reid advised Council if they wanted to have their activities placed into the record they should submit them to the City Secretary. Mayor Reid and Councilmember Berger presented a Proclamation proclaiming August 5, 1997 "National Night Out" to Police Officer Matt Zepeda. Mayor Reid and City Manager, Paul Grohman, thanked Parks Director, Ed Hersh, Fire Marshal, Larry Steed and other staff involved with the Fourth of July Fireworks Celebration. Mayor Reid's activities were as follows; on June 24 attended after hours mixer at Harrisburg Bank; June 26 meeting with Harris County Commissioner Jerry Eversole; June 28 presented a Proclamation to Mrs. Weels for her 100th birthday; June 28, attended the opening of Pearland Parkway; July 1 attended the A.A.R.P. meeting; July 1 attended the United Way Tom Fowler meeting; July 2 attended Tax Abatement Committee meeting; July 2 meeting with Kathy Threadgill, County Librarian; July 2 attended Assistant City Manager, Richard Burdine's farewell reception; July 2 attended the First Baptist Church, July 4th service; July 4 attended the City's July 4th Celebration; July 7 attended Public Hearing; July 8 Tri Tech Legislative Breakfast; July 9 attended the Adult Reading Center Board meeting; and on July 10 attended the Gulf Coast Water Authority Planning and Development Committee meeting. CITY MANAGERS REPORT City Manager, Paul Grohman suspended his report allowing Jeff Brennen, Commissioner, for Brazoria Drainage District #4, Martha Juch and Carl Woodward, with Rust Environment Infrastructure, to give an Interim Draft Report for the Brazoria Drainage District # 4. CITIZENS: The following individuals addressed Council and are opposed to the acquisition of Clover Field Airport; Connie Weber, 926 Anna Lane; Ginny and Don Anderson, 607 Westfield; Mike Leverton, 2310 Buckholt; Bonnie Riggle, 1529 Westfield Street; Tommy Waldo, 1813 Oak Fork Page 2 of 11 - 7/14 Circle; Diane Robin, 3505 Buckholt; Tom Anderson, 3606 Oak Hollow Drive South, Diane Leverton, 2310 Buckholt, Shantel Conquest, 1802 Oak Lodge Drive; James McFeron, 3823 Buckholt; Klaus Seeger, 3505 Buckholt; and Lantz Pledger, 16814 County Road 127. The following individuals addressed Council and are in favor of the acquisition of Clover Field Airport; Ed Meyers, 906 Boundbury Court; and Diane Beirne, 725 FM 1959. Michelle Matthews, 2312 Lynn Drive, addressed Council and stated that she is representing a group of Pearland citizens who are anxious to have construction begin on the renovation of Independence Park. Ms. Matthews presented Mayor Reid a list of signatures supporting the renovation of Independence Park. Mayor Reid with the consensus of the City Council, moved this new business item to the beginning of the agenda. AWARD OF BID NO. B97-7 FOR A FIRE TRAINING TOWER TO BE FUNDED BY THE CITY OF PEARLAND VOLUNTEER FIRE DEPARTMENT. Councilmember Berger made the motion, seconded by Councilmember Wilkins to award Bid No. 97-7 for a 4 Story Fire Training Tower, to Fire Facilities, Inc., for the amount of $255,317.00; and the funding of this project will be paid for by the City of Pearland Volunteer Fire Department. Emergency Management Director, David Smith gave a summary of the bid for the Fire Training Tower. Fire Chief John Munsch, and Assistant Fire Chief Paul Jamison updated Council on the Fire Department activities and training. Voting "Aye" Councilmembers Wilkins, Beckman, Berger, and Cole. Voting "No" None. Motion Passed 4 to 0 UNFINISHED BUSINESS: City Attorney Amy McCullough informed Council that Ordinance No. 509-149 (Application No. 213) and Ordinance 509-152 (Application No. 174) could be acted upon together. Page 3 of 11 - 7/14 243 SECOND AND FINAL READING OF ORDINANCE NO. 509-149 - 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 LOTS A & B, SECTION 3, GARDEN ACRES, 2.617 ACRES OUT OF TRACT 36, H.T. & B.R.R. SURVEY, SECTION 7, A-219, AS RECORDED IN VOLUME 10, PAGE 77 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS. (5800 BROADWAY) (APPLICATION NO. 213) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF JOSEPHINE M. LEGGIO, 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. SECOND AND FINAL READING OF ORDINANCE NO. 509-152 - 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 22, BLOCK 3, SKYWAY MANOR, H.T. & B.R.R. SURVEY, A-241, AS RECORDED IN VOLUME 7, PAGE 67 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS. (3017 MANVEL ROAD) (APPLICATION NO. 174) FROM CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO MULTI FAMILY DWELLING DISTRICT (MF) AT THE REQUEST OF BILLY R. & CAROLYN GIBSON, 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 Mayor Pro -Tem Beckman to approve Ordinance No. 509-149 (Application No. 213) and Ordinance No. 509-152 (Application No. 174) on their second and final reading. Mayor Reid called for the vote on ordinance 509-149 (application No. 213). Voting "Aye" Councilmembers Cole, Berger, and Beckman. Voting "No" Wilkins. Motion passed 3 to 1. Mayor Reid called for the vote on Ordinance 509-152 (Application No. 174). Page 4 of 11 - 7/14 Voting "Aye" Councilmembers Cole, Berger, and Beckman. Voting "No" Wilkins. Motion passed 3 to 1. NEW BUSINESS: FIRST READING OF ORDINANCE NO. 806- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, FINDING THAT THE CITY HAS ESTABLISHED GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT PURSUANT TO RESOLUTION NO. R96-12; DESIGNATING AND DESCRIBING A REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT ZONE #3), IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT; FINDING THAT THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD BE A BENEFIT TO THE LAND TO BE INCLUDED IN THE ZONE AND THE MUNICIPALITY AFTER THE EXPIRATION OF THE TAX ABATEMENT AGREEMENT; AUTHORIZING THE CITY MANAGER TO SIGN TAX ABATEMENT AGREEMENTS WHEN APPROVED BY THE CITY COUNCIL; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Councilmember Berger made the motion, seconded by Councilmember Cole to approve Ordinance No. 805 on its first reading. Voting "Aye" Councilmembers Wilkins, Beckman, Berger, and Cole. Voting "No" None. Motion Passed 4 to 0 FIRST AND ONLY READING OF ORDINANCE NO. 806 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REVISING THE CAPITAL IMPROVEMENTS PLAN FOR THE CITY OF PEARLAND; UPDATING IMPACT FEES IN ACCORDANCE WITH STATE LAW; MAKING CERTAIN FINDINGS; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED FOR CAPITAL IMPROVEMENTS AND IMPACT FEES INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Page 5 of 11 - 7/14 up Mayor Reid with the consensus of the City Council, advised that Ordinance No. 806 will - be passed to a future City Council meeting. COUNCIL'S ACTION - AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO REQUEST BIDS FOR MEDICAL AND LIFE INSURANCE FOR THE CITY OF PEARLAND EMPLOYEES AND ENTER INTO AN AGREEMENT FOR CONSULTING SERVICES TO ASSIST WITH THE BID PROCESS. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Wilkins to authorize the City Manager or his designee to request bids for Medical and Life insurance for the City of Pearland Employees and enter into an agreement for consulting services to assist with the bid process. Voting "Aye" Councilmembers Wilkins, Beckman, Berger, and Cole. Voting "No" None. Motion Passed 4 to 0 RESOLUTION NO. R97- 40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR AND EXECUTE ALL AGREEMENTS RELATED TO THE 19.97 TEXAS PARKS AND WILDLIFE DEPARTMENT RECREATIONAL TRAILS PROGRAM AND ALLOCATING MATCHING FUNDS FROM THE CITY OF PEARLAND. Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Beckman to approve Resolution No. 97-40. Grants Director, Janet Berry, addressed Council, regarding a recreational trail. The trail would be under a mile and it would extend from Pasternak Park to Independence Park, loop through the section of Independence Park that is close to John Lizer and Liberty Road. The estimated cost of this project is $ 55,458.00. Mrs. Berry stated that Clean Pearland has generously agreed to donate $19,000.00 cash towards this project, and the labor would be volunteer, from the Church of Jesus Christ of Latter -Day Saints. There should be over 200 volunteers for this project, for an estimated cost of $8,700. Mrs. Berry stated the matching funds for the grant would be $27,000. None of the matching funds would come from the City. Mrs Berry is requesting a grant from the Texas Parks and Wildlife for $27,729. Voting "Aye" Councilmembers Cole, Berger, Beckman, and Wilkins. Page 6 of 11 - 7/14 Voting "No" None. Motion Passed 4 to 0 COUNCIL'S ACTION - AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN AGREEMENT FOR ENGINEERING SERVICES NOT TO EXCEED $50,000.00 FOR THE BRIDGE DESIGN OF MYKAWA ROAD AT HICKORY SLOUGH. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Wilkins to authorize the City Manager or his designee to enter into an agreement for Engineering services not to exceed $50,000.00 for the bridge design of Mykawa Road at Hickory Slough. Voting "Aye" Councilmembers Wilkins, Beckman, Berger, and Cole. Voting "No" None. Motion Passed 4 to 0 COUNCIL'S ACTION - AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PURCHASE AN 800 TRUNKING RADIO SYSTEM THROUGH HGAC NOT TO EXCEED $550,000.00 AND TO NEGOTIATE A LEASE PURCHASE AGREEMENT OR ACQUIRE SHORT-TERM FINANCING FOR A PORTION OF THE COSTS ASSOCIATED WITH SAID PURCHASE. Councilmember Berger made the motion, seconded by Councilmember, Cole to authorize the City Manager or his designee to purchase an 800 trunking radio system through H.G.A.C. not to exceed $550,000.00 and to negotiate a lease purchase agreement or acquire short-term financing for a portion of the cost associated with said purchase. Voting "Aye" Councilmembers Cole, Berger, Beckman, and Wilkins. Voting "No" None. Motion Passed 4 to 0 COUNCIL'S ACTION - AUTHORIZING THE CITY MANAGER OR ENTER INTO AN AGREEMENT FOR ENGINEERING SERVICES $60,000.00 FOR PHYSICAL MAP REVISIONS OF THE COUNTY AREA (COWART CREEK). Page 7 of 11 - 7/14 HIS DESIGNEE TO NOT TO EXCEED ROAD 101 DITCH Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Wilkins to ,— authorize the City Manager or his designee to enter into an agreement for Engineering services not to exceed $60,000.00 for physical map revisions of the County Road 101 Ditch area (Cowart Creek). Voting "Aye" Councilmembers Wilkins, Beckman, Berger, and Cole. Voting "No" None. Motion Passed 4 to 0 FIRST READING OF ORDINANCE NO. 790-1- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 22, PEDDLERS, OF THE CITY OF PEARLAND CODE OF ORDINANCES (ORDINANCE NO. 790) TO CLARIFY TERMINOLOGY, AUTHORIZE THE CITY SECRETARY TO DELEGATE AUTHORITY FOR ADMINISTRATIVE DUTIES HEREUNDER, AND ADDRESS OTHER ISSUES RELATED TO THE SUBJECT; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, A SEVERA- BILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Councilmember Berger made the motion, seconded by Councilmember Cole to approve Ordinance No. 790-1 on its first reading. Voting "Aye" Councilmembers Cole, Berger, Beckman, and Wilkins. Voting "No" None. Motion Passed 4 to 0 FIRST READING OF ORDINANCE NO. 509- 154 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED IN GARDEN ACRES SUBDIVISION, BEING THE H.C. JOHNSTON 99 ACRE TRACT, ALSO BEING THE SOUTH 99 ACRES OF SECTION 7 OF THE H.T. & B.R.R. COMPANY SURVEY, A-219, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 139-150,152-162,195,204,205,209 &210) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF THE OWNERS OF SUCH REAL PROPERTY, PROVIDING FOR AN AMENDMENT OF THE LAND USE Page 8 of 11 - 7/14 k li 7 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 Wilkins to approve Ordinance No. 509-154 on its first readings Voting "Aye" Councilmembers Wilkins, Beckman, Berger, and Cole. Voting "No" None. Motion Passed 4 to 0 COUNCILS ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 197) AT THE REQUEST OF BERT & URSULA JONES, OWNER, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) ON THE FOLLOWING DESCRIBED PROPERTY, TO -WIT: LOTS 13 & 14, SECTION 3, GARDEN ACRES SUBDIVISION OF THE H.C. JOHNSTON 99 ACRE TRACT, ALSO BEING THE SOUTH 99 ACRES OF SECTION 7 OF THE H.T.& B.R.R. COMPANY SURVEY, A-219, BRAZORIA COUNTY, TEXAS (2538 O'DAY) COUNCIL'S ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY (SPECIFIC USE PERMIT NO. 51) AT THE REQUEST OF BERT & URSULA JONES, OWNER, FOR A SPECIFIC USE PERMIT FOR A RESIDENTIAL DWELLING IN A GENERAL BUSINESS DISTRICT (GB) ON THE FOLLOWING DESCRIBED PROPERTY, TO -WIT: LOTS 13 & 14, SECTION 3, GARDEN ACRES SUBDIVISION OF THE H.C. JOHNSTON 99 ACRE TRACT, ALSO BEING THE SOUTH 99 ACRES OF SECTION 7 OF THE H.T.& B.R.R. COMPANY SURVEY, A-219, BRAZORIA COUNTY, TEXAS (2538 O'DAY) COUNCIL'S ACTION -REGARDING THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY (SPECIFIC USE PERMIT NO. 52) AT THE REQUEST OF BERT & URSULA JONES, OWNER, FOR A SPECIFIC USE PERMIT FOR A ANIMAL HUSBANDRY IN A GENERAL BUSINESS DISTRICT ON THE FOLLOWING DESCRIBED PROPERTY, TO -WIT: LOTS 13 & 14, SECTION 3, GARDEN ACRES SUBDIVISION OF THE H.C. JOHNSTON 99 ACRE TRACT, ALSO BEING THE SOUTH 99 ACRES OF SECTION 7 OF THE H.T.& B.R.R. COMPANY SURVEY, A-219, BRAZORIA COUNTY, TEXAS (2538 O'DAY) Councilmember Berger made the motion, seconded by Councilmember Cole, to accept Page 9 of 11 - 7/14 the recommendation of the Planning and Zoning Commission to deny Application No.197, Specific Use Permit No. 51, and Specific Use Permit No. 52. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny Application No. 197, Specific Use Permit No. 51, and Specific Use Permit No. 52. E.E. Rader, 2626 O'Day Road, addressed Council opposing the issuance of Application No. 197, Specific Use Permit No. 51, and Specific Use Permit No. 52. Mayor Reid read into the record a letter from Dan McMaster, 2614 Thelma Street, opposing the issuance of Application No. 197, Specific Use Permit No. 51, and Specific Use Permit No. 52. Mayor Reid called for the vote on the motion. Voting "Aye" Councilmembers Cole, Berger, Beckman, and Wilkins. Voting "No" None. Motion Passed 4 to 0 OTHER BUSINESS: X. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE Council adjourned into Executive Session under Texas Government Code at 10:13 p.m. to discuss the following: 1. SECTION 551.074 - PERSONNEL MATTERS - REVIEW APPLICATIONS FOR APPOINTMENT OF NEW MEMBER TO THE PLANNING AND ZONING COMMISSION. 2_ SECTION 551.072 - REAL PROPERTY - DELIBERATION REGARDING THE PURCHASE OF REAL PROPERTY FOR A WASTEWATER TREAT- MENT PLANT AND/OR OTHER UTILITIES. NEW BUSINESS (CONTINUED): COUNCIL'S ACTION - REGARDING THE APPOINTMENT OF MEMBER TO THE PLANNING AND ZONING COMMISSION (IF APPLICABLE). Page 10 of 11 -7/14 Mayor Reid with the consensus of the City Council, advised that Council will be accepting applications for a vacancy on the Planning & Zoning Commission and action will be taken on a future date. COUNCIL'S ACTION - DIRECTING STAFF REGARDING THE PURCHASE OF REAL PROPERTY FOR A WASTEWATER TREATMENT PLANT AND/OR OTHER UTILITIES. Councilmember Cole made the motion, seconded by Councilmember Wilkins to authorize the City Manager or his designee to negotiate the acquisition of 3 tracts of property south of Beltway 8 and west of S.H. 288 for water and or wastewater plants or stations and to engage Consulting Services associated with these projects and necessary permits. Voting "Aye" Councilmembers Wilkins, Beckman, Berger, and Cole. Voting "No" None. Motion Passed 4 to 0 XI. ADJOURNMENT Meeting was adjourned at 10:54 p.m. Minutes approved as submitted and/or corrected this the —day of I Pi!, A.D., 1997. Tom Reid Mayor Page 11 of 11 - 7/14