1996-06-24 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON JUNE 24, 1996, 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 Tom Reid
Mayor Pro Tem/Councilmember Jerry Richardson
Councilmember Helen Beckman
Councilmember Richard Tetens
Councilmember Larry Wilkins
Councilmember Kevin Cole
City Manager Paul Grohman
City Attorney Amy McCullough
City Secretary Yolanda C. Benitez
Others in attendance: Assistant City Manager Richard Burdine; City Engineer John
Hargrove; Police Chief Mike Hogg; and Parks & Recreation Director Ed Hersh.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Councilmember Larry Wilkins and the Pledge of Allegiance
was led by VFW Commander Bill Berger.
APPROVAL OF MINUTES
Councilmember Tetens moved that the minutes of the Joint Public Hearing held on June
10, 1996, 7:00 p.m., be approved as presented. The motion was seconded by
Councilmember Richardson.
Motion passed 5 to 0.
Councilmember Tetens moved that the minutes of the Regular Meeting held on June 10,
1996, 7:30 p.m., be approved as presented. The motion was seconded by
Councilmember Richardson.
Motion passed 5 to 0.
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MAYOR'S ACTIVITY REPORT
Mayor Reid presented a proclamation to "Irish" Jack Hartney in recognition of his service
to the community. He proclaimed June 24, 1996, as "Irish" Jack Hartney Day. Mayor
Reid recognized representatives from the Military Order of the Purple Heart - Post 911,
VFW - Post 7109, Military Order of the Cootie - Pup Tent #19, DAV - Post 195, American
Legion - Post 490, Marine Corp League - Detachment of Houston. Mr. Hartney expressed
his appreciation to his friends who were in attendance from the various organizations.
Mayor Reid presented a proclamation to the Pearland High School "Lady Oilers" softball
team in recognition of their state championship title. He proclaimed the week of June 24-
30, 1996 as "Lady Oilers" Week. He also presented each of the teammembers, as well
as their Head Coach, Holly Nuber, with a certificate of achievement. Coach Nuber
thanked the community for their support and praised the team for their hard work and
perseverance.
Mayor Reid reported on his activities during the previous weeks which included the
following: Trip to Tennessee June 13-17, HGAC Board of Directors meeting and a
luncheon with Mrs. Bush on June 18 in conjunction with the receipt of the Governor's
Award by Clean Pearland, BCCA meeting on June 19, and presentation of a proclamation
for "Bob Covington Day" at the Pearland Post Office on June 21st.
COUNCIL ACTIVITY REPORTS
Councilmember Beckman reported that she became a grandmother on June 18, 1996.
Her granddaughter, Helen Lisepa Beckman, weighed 6 lbs. 6 oz., and is doing very well.
Councilmember Beckman mentioned her concern regarding the enlargement of the
library and expressed interest in forging ahead with plans for doing this.
Councilmember Tetens reported that he attended the luncheon with First Lady Laura
Bush on June 18, and the BCCA meeting on June 19th. He commended Clean Pearland
for their accomplishment in receiving the Governor's Award.
Councilmember Richardson had no report.
Councilmember Wilkins reported that he was installed as 2nd Vice President of the
Pearland Lions Club on June 18. He also pointed out that he is very interested in moving
forward with the concept plan for Independence Park,
Councilmember Cole reported that he attended the Chamber mixer at Harrisburg Bank
on June 13 and the Chamber Luncheon on June 19 where Dr. Neil Frank spoke about
hurricanes. He has invited Dr. Frank to make this same presentation to the rest of the
Council, citizens, and staff. Councilmember Cole met with the homebuilders on June
19th to discuss the alternative signage issue. He spoke about the boys baseball team's
state championship in 1980 and noted the sad fact that the trophy was found in a box in
the old fieldhouse. Councilmember Cole encouraged the students and parents not to let
this happen to the trophy that the Lady Oilers won recently and emphasized the need for
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them to have it placed in the trophy case.
Mayor Reid reported that the Faith Community Church is installing Hurricane clamps on
their new church that is being built on FM 518.
CITY MANAGER'S REPORT
City Manager Paul Grohman had no report.
CITIZENS:
James Birdsong - 2601 Woodcreek Drive. Mr. Birdsong addressed the Council on
behalf of the Clean Pearland organization. He read the mission statement for their
organization. Mr. Birdsong requested that a less complicated version of the tree
study, previously presented to Council, be the basis for an ordinance to guarantee
advance planning before trees are destroyed. He emphasized that the Clean
Pearland organization will assist the City in preserving or replacing, if necessary,
as many trees as possible.
2. Suzanne Tullis - 3510 Robinson Drive. Ms. Tullis came before Council on behalf
of the Pearland ISD Council of PTA's. She thanked the students, parents,
businesses, and communities for their support to all of the PTA's in the City of
Pearland. Ms. Tullis then introduced Luisa Corey -Buchanan, President of the
Pearland Jr. High West PTA. She commended CiCi's Pizza for all of their
contributions to the students, and presented their manager, Jennifer Ballard, with
an award of appreciation for their support.
DOCKETED PUBLIC HEARINGS: None
UNFINISHED BUSINESS:
SECOND READING OF ORDINANCE NO. 730 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, VACATING, CLOSING, AND
ABANDONING CERTAIN ALLEYS LOCATED NORTH OF FM 518 AND EAST OF STATE
HIGHWAY 35 NEAR THE INTERSECTION OF STATE HIGHWAY 35 AND FM 518 WITHIN
THE CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS, IN
ACCORDANCE WITH ORDINANCE NO. 559, PROVIDING FOR ADMINISTRATIVE
CHARGES TO BE PAID BY PETITIONERS; HAVING A SAVINGS CLAUSE AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Beckman moved for the adoption of Ordinance No. 730 on its second
and final reading. The motion was seconded by Councilmember Wilkins.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens, and Beckman.
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ONW% Voting "No" - None.
Motion passed 5 to 0.
SECOND READING OF ORDINANCE NO. 509-73 - AN ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OFTHE CITYOF PEARLAND, TEXAS, FOR THE PURPOSE
OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED ON
1.90 ACRES OF LAND SITUATED IN LOTS ONE AND TWO, BLOCK THREE, SKYWAY
MANOR SUBDIVISION, BEING A SUBDIVISION OF 68.24 ACRES OUT OF THE WEST
HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 15, H.T. & B.R.R. CO.
SURVEY, ABSTRACT 241, BRAZORIA COUNTY, TEXAS (14706 PIPER ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-1) AT THE REQUEST OF BILLY DON PIERSON, AGENT FOR
FIRSTASSEMBLY OF GOD OF PEARLAND, 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 Tetens moved for the adoption of Ordinance No. 509-73 on its second
and final reading. The motion was seconded by Councilmember Richardson.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins, and Cole.
Voting "No" - None.
Motion passed 5 to 0.
SECOND READING OF ORDINANCE NO. 509-74 - 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 GRANTING A SPECIFIC USE PERMIT TO ALLOW FOR A CHURCH TO BE BUILT IN
A SINGLE FAMILY DWELLING DISTRICT (R-1) ON 1.90 ACRES OF LAND SITUATED IN
LOTS ONE AND TWO, BLOCK THREE, SKYWAY MANOR SUBDIVISION, BEING A
SUBDIVISION OF 68.24 ACRES OUT OF THE WEST HALF OF THE NORTHWEST ONE-
QUARTER OF SECTION 15, H.T. & B.R.R. CO. SURVEY, ABSTRACT 241, BRAZORIA
COUNTY, TEXAS (14706 PIPER ROAD) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE
REQUEST OF BILLY DON PIERSON, AGENT FOR FIRST ASSEMBLY OF GOD OF
PEARLAND, 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 Richardson moved for the adoption of Ordinance No. 509-74 on its
..•. second reading. The motion was seconded by Councilmember Tetens.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
SECOND READING OF ORDINANCE NO. 450-19 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO, 450 AS
THE SAME MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, FOR THE PURPOSE
OF ESTABLISHING AND REESTABLISHING CLASSIFICATIONS AND NUMBER OF
AUTHORIZED POSITIONS IN THE CLASSIFIED SERVICE OF THE CITY OF PEARLAND,
PURSUANT TO SECTION 143.021 OF THE LOCAL GOVERNMENT CODE OF THE STATE
OF TEXAS; PROVIDING A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A REPEALER
CLAUSE, AN EFFECTIVE DATE, AND CONTAINING OTHER PROVISIONS RELATING TO
THE SUBJECT.
Councilmember Wilkins made a motion to approve Ordinance No. 450-19 on its second
reading. The motion was seconded by Councilmember Cole.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole.
Voting "No" - None.
Motion passed 5 to 0.
NEW BUSINESS: ,,T,%
APPOINTMENT OF ONE (1) MEMBER TO THE PARKS & RECREATION BOARD.
Councilmember Wilkins nominated John Duston to replace him on the Parks & Recreation
Board. The nomination was seconded by Councilmember Beckman.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens, and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
AWARD OF BID NO. B96-10 - SANITARY SEWER
Assistant City Manager Richard Burdine reported that the low bid for the sewer rehab
work was received from Insituform Gulf South, Inc., in the amount of $293,713.70. He
pointed out the areas where this work will be performed, which include the Willowcrest
area, South Corrigan area, and the Old Town site. City Manager Paul Grohman added
that this will resolve sewage problems for the South Corrigan area residents from whom
we regularly receive complaints. Mr. Burdine encouraged residents to contact the City
if they notice dry ditches after heavy rains. He noted that this would most likely indicate
that the water is going into the storm sewer and the City needed to be aware of this. `�
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Councilmember Richardson moved to award Bid No. B96-10 to Insituform Gulf South, Inc.
in the amount of $293,713.70. The motion was seconded by Councilmember Cole.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins, and Cole.
Voting "No" - None.
Motion passed 5 to 0.
ACCEPTANCE OF BANBURY CROSS, SECTION IV
City Engineer John Hargrove recommended the acceptance of Banbury Cross, Section
IV, without any reservations.
Councilmember Cole moved for the acceptance of Banbury Cross, Section IV, as
presented. The motion was seconded by Councilmember Richardson.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens, and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
OFFICIALLY NAMING THE GAZEBOAREA LOCATED ADJACENT TO CITY HALLAND
THE PICNIC PAVILIONS LOCATED IN CENTENNIAL PARK
Councilmember Beckman made a motion to name the gazebo area adjacent to City Hall
and the pavilions in Centennial Park. The motion was seconded by Councilmember
Richardson.
Parks and Recreation Director Ed Hersh presented the names suggested by the Parks
Board for the Gazebo and the pavilions located in Centennial Park. Those names are
Tejas and Bluebonnet for the two pavilions, and the recommendations for the gazebo are
Fountain Plaza, Gazebo Plaza, Fountain Plaza at City Hall, and City Hall Plaza.
Delores Fenwick - 1910 Washington -Irving. Mrs. Fenwick recommended that
Council consider naming the Gazebo area "Heritage Plaza" as this area contains
a historical marker, and this name had been discussed extensively during the
Centennial celebrations.
2. Stella Roberts - 2918 Green Tee. Mrs. Roberts agreed with Mrs. Fenwick with
regard to naming the Gazebo area "Heritage Plaza". She stated that one of the
reasons was because she and a good part of the community have been calling it
by that name since its conception. Mrs. Roberts pointed out that the publicity
which Clean Pearland generated concerning the pavers at the gazebo area
referred to it as "Heritage Plaza". She stated that it was her feeling that the
cooperative efforts on the part of Clean Pearland with regard to the work done in
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this area played a significant part in their winning the Governor's Community
Achievement Award.
Councilmember Beckman made a motion to name the Gazebo area "Heritage Plaza", and
that the picnic pavilions at Centennial park take on the names of "Tejas" and
"Bluebonnet".
The motion was seconded by Councilmember Richardson.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins, and Cole.
Voting "No" - None.
Motion passed 5 to 0.
RESOLUTION NO. R96-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, REVISING THE FEE SCHEDULE FOR RENTAL OF THE PEARLAND
COMMUNITYCENTER AND THE MELVIN KNAPP BUILDING; AND ESTABLISHING A FEE
SCHEDULE FOR RENTAL OF THE GAZEBO AREA LOCATED ADJACENT TO CITY HALL
AND THE PICNIC PAVILIONS LOCATED IN CENTENNIAL PARK.
Councilmember Cole moved for the adoption of Resolution No. R96-35. The motion was
seconded by Councilmember Beckman.
Parks & Recreation Director Ed Hersh noted that the Parks Board had spent considerable
time in working up the fee schedules for these facilities and presented them for Council
approval.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens, and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 731 -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 SCOTT LANE IN AN
EASTERLY DIRECTION AT ITS INTERSECTION WITH WILKE STREETAND UPON SCOTT
LANE IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH WILKE STREET;
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 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 Beckman made a motion to adopt Ordinance No. 731 on its first and
only reading. The motion was seconded by Councilmember Cole.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins, and Cole.
Voting "No" - None.
Motion passed 5 to 0.
City Attorney Amy McCullough advised that Resolution No. R96-36 and Ordinance No.
732 were related and could be read at the same time.
RESOLUTION NO. R96-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ADOPTING A WATER CONSERVATION PLAN AND AN EMERGENCY
WATER DEMAND MANAGEMENT PLAN.
FIRST AND ONLY READING OF ORDINANCE NO. 732 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, IMPLEMENTING THE EMERGENCY
WATER DEMAND MANAGEMENT PLAN; PROVIDING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING A PENALTY FOR
VIOLATION; PROVIDING FOR PUBLICATION, CODIFICATION ANDAN EFFECTIVE DATE;
AND DECLARING AN EMERGENCY BECAUSE THE NEED TO CONSERVE AND
op- PROTECT THE CITY'S WATER SUPPLY BEARS DIRECTLY UPON THE HEALTH, SAFETY
AND WELFARE OF THE CITIZENRY.
Councilmember Tetens moved for the approval of Resolution No. R96-36 and Ordinance
No. 732. The motion was seconded by Councilmember Richardson.
City Engineer John Hargrove explained that these items were related to the Texas Water
Development Board loan and are a requirement to encourage the conservation of water
at the same time water is being treated. He pointed out that the resolution adopts a
water conservation plan and an emergency water demand management plan; and the
ordinance implements the emergency water demand management plan.
Resolution No. R96-36:
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
Ordinance No. 732:
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins, and Cole.
Voting "No" - None.
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Motion passed 5 to 0.
City Attorney Amy McCullough explained that the following directives could be handled
together as they were all related to annexations.
DIRECTIVE TO STAFF TO INITIATE A SERVICE PLAN FOR ANNEXATION OF A STRIP
OF LAND ALONG FM 518 FROM THE EXISTING CITY LIMIT LINE TO THE
BOUNDARIES OF THE MUNICIPAL UTILITY DISTRICTS LOCATED ALONG FM 518.
DIRECTIVE TO STAFF TO INITIATE A SERVICE PLAN FOR ANNEXATION OF A STRIP
OF LAND ALONG STATE HIGHWAY 288 FROM CLEAR CREEK TO THE NORTHERN
BOUNDARY OF THE EXISTING 100 FOOT WIDE STRIP PREVIOUSLY ANNEXED.
DIRECTIVE TO STAFF TO INITIATE A SERVICE PLAN FOR ANNEXATION OF A STRIP
OF LAND ALONG STATE HIGHWAY 35 FROM THE EXISTING CITY LIMIT LINE
INCLUSIVE OF THE DIXIE FARM ROAD/STATE HIGHWAY 35 INTERSECTION TO A
POINT BEYOND COUNTY ROAD 128.
Councilmember Richardson moved for the adoption of the three directives to staff to
initiate service plans. The motion was seconded by Councilmember Cole.
City Manager Paul Grohman provided clarification on the location and size of each of the
proposed annexations. He explained that there is a possibility of gaining tax revenues
in relation to the State Highway 35/Dixie Farm Road intersection as this is a heavy -
accident location. Mr. Grohman also noted that the facade ordinance, the sign
ordinance, and the landscape ordinance would go into effect in these proposed
annexation areas once they are brought into the city. The target date for these
annexations is before the first of next year.
Councilmember Jerry Richardson requested information on the annexations, such as,
where we stand in terms of our ETJ, what remains, what the timeframe is, and what areas
need to be looked at.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
City Manager Grohman explained that the annexations would be completed prior to
January 1, 1997, but the residents would not have a delinquent tax bill until January 31,
1998.
OTHER BUSINESS: None
ADJOURNMENT
Meeting was adjourned at 9:10 p.m.
Minutes approved as submitted and/or corrected this the hy
A. D., 1996.
Tom Reid
Mayor
ATTEST:
Y a da C. Benitez
City Secretary
day of
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