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1996-01-22 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 22, 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 Richard Tetens Councilmember Jerry Richardson Councilmember Randy Weber Councilmember Helen Beckman Councilmember Kevin Cole City Manager Paul Grohman City Attorney Amy McCullough City Secretary Yolanda Benitez Others in attendance: Assistant City Manager Richard Burdine; Police Chief Mike Hogg; City Engineer John Hargrove; and Economic Development Director Jim Berry. Absent: Assistant City Manager Glen Erwin INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Kevin Cole, and the Pledge of Allegiance was led by City Manager Paul Grohman. APPROVAL OF MINUTES Councilmember Tetens moved for the approval of the minutes of the Joint Public Hearing held on January 8, 1996, 7:00 p.m. Councilmember Richardson seconded the motion. Motion passed 4 to 0, with Councilmember Cole abstaining as he was absent from that hearing. Councilmember Tetens moved for the approval of the minutes of the regular meeting of January 8, 1996, 7:30 p.m. Councilmember Richardson seconded the motion. Motion passed 4 to 0, with Councilmember Cole abstaining as he was absent from that meeting. MAYOR'S ACTIVITY REPORT Mayor Reid joined Police Chief Mike Hogg in making a presentation to Mrs. Winnie Benson, widow of Sgt. Jim Benson who passed away recently. The award consisted of Sgt. Benson's badge, along with other memorabilia from the Pearland Police Department which belonged to him. Mrs. Benson expressed her appreciation to all present. Mayor Reid noted that he has attended several meetings during the past two weeks. He also stated that he plans to make as many public appearances as possible, and encouraged civic clubs and other organizations to contact him should they wish for him to attend their functions. 141 COUNCIL ACTIVITY REPORTS Councilmember Beckman reported that she attended the ribbon -cutting for the First Community Bank on January 19, and the annual awards banquet for the Volunteer Fire Department on January 20. She expressed her appreciation to the Volunteer Fire Department for all they do. Councilmember Cole stated that he had nothing to report. Councilmember Tetens reported that he had knee surgery on January 9th, and had been laid up since then. Councilmember Weber had no report. Councilmember Richardson had nothing to report. CITY MANAGER'S REPORT City Manager Paul Grohman reported that Centennial Park is progressing along and noted that it will be a real enhancement to the entire community. He also noted that we continue to experience reduction in crime throughout the City. Mayor Reid noted that apparently some misinformation had gotten out to the citizens regarding the extension of Yost Road. He suggested that the Council plan a workshop in the near future in order to allow time for discussion of this issue and to relay to the citizens what the plans are. At this point, he yielded the floor to those citizens who requested to speak before the Council. CITIZENS: Sammy Campo - 3106 Yost Road. Mr. Campo addressed the Council with regard to the extension of Scarsdale through to Yost Road. He noted that he had obtained signatures from 469 residents who live in this area. Mr. Campo stated that his main reason for opposition is because he feels it will endanger the lives of the children residing in this neighborhood. He also noted that traffic coming out to FM 518 will increase and will probably cause more accidents, along with increase in ambulance and police cars coming through their subdivision. (Mr. Campo presented the City Secretary with the petitions signed by the 469 residents). 2. Bill Hunter - 1905 Washington Irving. Mr. Hunter stated that he was in opposition of the proposed extension of Yost Road for the following reasons: A) "Why should Pearland make another mistake by connecting a road to Harris County through a residential area?" B) "This would increase traffic, as well as give another entrance and exit to Harris County." Mr. Hunter stated that he had come before Council three years prior and had been informed that Yost Road was not an option, and now apparently, it could be. Therefore, he inquired about Hughes Road being an option instead and had this not been in the plan before. 3. Chip Hosek - 3126 Yost Road. Mr. Hosek noted that he feels the elected officials are in the process of turning Sleepy Hollow Subdivision into something you would view on Crime Magazine, if they proceed with the extension of Yost Road. He noted that the majority of the people who use Country Club Drive are residents of Green Tee Subdivision and not outsiders. Mr. Hosek requested that the City Council not lose sight of why Pearland is such a great town, and that we not go backwards in out push to go forward. "M 4. Mark Callender - 2607 Taylor Lane. Mr. Callender requested clarification as to why the extension of Yost Road was being considered since Dixie Farm Road is less than 1 mile away and provides a thrufare for Pearland residents. 5. Daphne Hereford - 2904 Yost Road. Ms. Hereford noted that she lives in the original Jamison homeplace (Heritage Manor) which is considered a very historical place. She requested that the Council not go through with the extension of Yost Road since children play in and around the area and would be subjected to increased traffic and possible accidents due to this. She stated that the City leaders should be able to find alternatives so that the history and the safety of Sleepy Hollow and its children are untouched. 6. Frances Jamison - FM 518. Mrs. Jamison inquired with regard to whether the City has the right-of-way to proceed with the extension of Yost Road; and, if not, does the City have the money to buy the right-of-way. Mayor Reid requested that a date be set for a workshop to discuss this matter. After a brief discussion, it was Council's concurrence that the workshop would be held on Monday, February 19, 1996, at 7:30 p.m. in Council Chambers. Council recessed at 8:05 p.m. Council returned to regular session at 8:10 p.m. 7. Tom Rosinski - 5920 Gardenia. Mr. Rosinski came before Council with regard to the address changes in the newly annexed area. He recommended that street signs be installed rather than having all of the residents obtain new addresses. 8. Richard Holman - 5843 Lorrie Lane. Mr. Holman addressed the Council with regard to his change of address in the newly annexed area. He stated that not only would this change be inconvenient, but it would also be expensive for those people who have to change their drivers license, voter's registration, checks, professional registrations, technical societies, etc. Mr. Holman also noted that this would affect the residents in establishing length of residency when applying for credit. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: None NEW BUSINESS: EXCUSED ABSENCE FOR COUNCILMEMBER KEVIN COLE FROM THE REGULAR COUNCIL MEETING HELD ON JANUARYS, 1996. Councilmember Tetens moved to excuse Councilmember Cole from the regular Council meeting held on January 8, 1996. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Beckman, Tetens, Weber and Richardson. Voting "No" - None. Motion passed 4 to 0. RESOLUTION NO. R96-1 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT A PROJECT TO THE HARRIS COUNTY COMMUNITY DEVELOPMENT AGENCY UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE EXTENSION OF THE EXISTING CITY WATERLINES AND SANITARY SEWER SYSTEM 143 INTO THE MORENCI ROAD SERVICE AREA; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL DOCUMENTS ASSOCIATED WITH THE PROJECT; AND ALLOCATING THE CITY'S UTILITY FUND FOR THE CITY'S SHARE OF COSTS ASSOCIATED WITH THE PROJECT. Assistant City Manager Richard Burdine presented this item for discussion and approval by Council. He noted that the deadline for submitting this proposal is January 31, 1996. Councilmember Beckman moved for the adoption of Resolution No. R96-1. The motion was seconded by Councilmember Tetens. Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber and Richardson. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R96-2 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT A GRANT PROPOSAL TO THE 1996 HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS SOLID WASTE GRANT PROGRAM FOR THE PLANNING, DESIGN, CONSTRUCTION AND EVALUATION OFA SLUDGE TREATMENTAND DISPOSAL PILOT PLANT; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL ASSOCIATED DOCUMENTS; AND ALLOCATING FROM THE CITY'S UTILITY FUND, THE CITY'S COSTS ASSOCIATED WITH THE PROJECT. City Engineer John Hargrove explained the process to be undertaken at the proposed pilot plant, and he recommended Council approve this project. Councilmember Cole moved for the adoption of Resolution No. R96-2. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole and Beckman. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 509-66 - 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 40 ZYCHLINSKI SUBDIVISION IN SECTION NO. 3, H.T.&B. RAILROAD COMPANY SURVEY, ABSTRACT 232, BRAZORIA COUNTY, TEXAS, FROM CLASSIFICATION LIGHT INDUSTRIAL DISTRICT (M-1) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF HAROLD LOTT, AGENT FOR PEARLAND REALTY HOLDING, INC., 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. Assistant City Manager Burdine noted that this request had been discussed at the public hearing held on January 8, 1996; and stated it has been unanimously approved by the Planning & Zoning Commission. Mr. Burdine recommended approval by the Council. Economic Development Director Jim Berry stated that the PEDC has worked with Mr. Lott on this project, and also recommended approval of this request. Councilmember Tetens moved for the approval of Ordinance No. 509-66. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber and Richardson. W Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R96-3 - 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 HOUSTON-GALVESTON AREA COUNCIL FOR INCLUSION IN THE REGION'S METROPOLITAN LONG RANGE TRANSPORTATION PLAN FOR THE CONSTRUCTION AND EXTENSION OF MONROE BOULEVARD FROM - BELTWAY 8 TO OLD ALVIN ROAD; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL DOCUMENTS ASSOCIATED WITH THE PROJECT AND TO ALLOCATE CURRENT FUNDS AND ANTICIPATED BOND REVENUES FOR COSTS ASSOCIATED WITH THE PROJECT. Assistant City Manager Burdine suggested that both Resolution No. R96-3 and Resolution R96-4 be read and acted upon simultaneously as they were related. Mr. Burdine reviewed the maps for the two projects. After brief discussion, and at Mr. Burdine's recommendation, decision was made to amend the resolution to note that the extension of Monroe Boulevard would go from Beltway 8 to "State Highway 35", instead of "Old Alvin Road". Councilmember Weber moved for the adoption of Resolution No. R96-3 with the stipulation that it be changed to note that the extension would run to "State Highway 35". The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber and Richardson. Voting "No" - None. Motion passed 5 to 0. Lengthy discussion ensued concerning the two projects (Resolution No. R96-3 and Resolution No. R96-4). RESOLUTION NO. R96-4 - 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 HOUSTON-GALVESTON AREA COUNCIL FOR INCLUSION IN THE REGION'S METROPOLITAN LONG RANGE TRANSPORTATION PLAN FOR THE WIDENING OF MYKAWA ROAD FROM BELTWAY 8 TO ORANGE STREET; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL DOCUMENTS ASSOCIATED WITH THE PROJECT AND TO ALLOCATE CURRENT FUNDS AND ANTICIPATED BOND REVENUES FOR COSTS ASSOCIATED WITH THE PROJECT. Councilmember Weber moved for the adoption of Resolution No. R96-4, seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole and Beckman. Voting "No" - None. Motion passed 5 to 0. APPOINTMENT OF FIVE (5) MEMBERS TO THE ANIMAL CONTROL BOARD. Councilmember Richardson moved for the reappointment of the five (5) members to the Animal Control Board, subject to Board members Ben Pinales and Parris Curry agreeing to serve another term. 145 City Secretary Yolanda Benitez was directed to contact the two board members and obtain their agreement. Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole and Beckman. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R96-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT WITH PEARLAND INDEPENDENT SCHOOL DISTRICT FOR DESIGN, ENGINEERING, AND CONSTRUCTION OF A WATER MAIN AND APPURTENANT FIRE HYDRANTS TO PROVIDE WATER SERVICE AND FIRE COVERAGE FOR LAWHON ELEMENTARY SCHOOL. Assistant City Manager Burdine reported that the school has had chronic problems with the well and noted that the water is safe to drink; however, it does not taste very good and has an odor. Mr. Burdine stated that costs would be entirely covered by the school district; however, the City has agreed to bid this item along with other waterline projects in order to save on the cost. Councilmember Richardson moved for the adoption of Resolution No. R96-5, seconded by Councilmember Weber. Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber and Richardson. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R96-6 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RECOGNIZING THE NEED TO PROMOTE THE CITY AS AN ELECTRONIC COMMUNITY; AUTHORIZING THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION ("PEDC") TO FORM A STEERING COMMITTEE IN FURTHERANCE OF ITS GOAL; AND FURTHER AUTHORIZING THE PEDC TO ESTABLISH AN OFFICIAL HOMEPAGE ON THE INTERNET, WITH CONTROLLING AUTHORITY OVER ITS CONTENTS AND THE CHANGING OF ITS ADDRESS AS NEEDED. Economic Development Director Jim Berry stated that this had been discussed at the previous Council meeting and noted that the PEDC Board has approved this project, and also recommended Council's approval. He stated that Councilmember Richardson has agreed to serve as the Chair of this Steering Committee. Councilmember Beckman moved for the adoption of Resolution No. R96-6, seconded by Councilmember Cole. Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber and Richardson. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R96-7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ESTABLISH A CITY ACCOUNT WITH FIRST USA FOR THE ACCEPTANCE OF VISA, MASTERCARD, AND OTHER CREDIT CARDS AS AGREED UPON BY THE PARTIES FOR PURPOSES OF PROVIDING PEARLAND CITIZENS WITH AN ALTERNATIVE PAYMENT METHOD FOR UTILITY BILLS, PARKSAND RECREATION PROGRAMS, AND MUNICIPAL COURT FINES AND COSTS; AUTHORIZING FIRST USA TO PROCESS ON BEHALF OF m THE CITY ALL SUCH TRANSACTIONS, WHETHER TRANSMITTED ELECTRONICALLY OR BY OTHER MEANS. City Manager Grohman explained that this is being requested in order to further accommodate the citizens by accepting credit cards for payment of program fees, court fines, utilities, etc. Councilmember Cole moved for the adoption of Resolution No. R96-7, seconded by Councilmember Tetens. Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole and Beckman. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R96-8 - 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 1996 HARRIS COUNTY COMMUNITY DEVELOPMENT AGENCY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR REHABILITATION OF THE CITY'S SEWER SYSTEM AND PRIVATE SERVICE LINES IN TWO SERVICE AREAS; 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 Tetens moved that Resolution No. R96-8 be approved as presented. The motion was seconded by Councilmember Richardson. Assistant City Manager Burdine presented this item for approval by the Council and provided explanation as to what the project would entail. Mr. Burdine commended Janet Berry, Strategic Planning Coordinator, for her work in putting the grant proposals together. Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole and Beckman. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 715 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING, IN ITS ENTIRETY, CHAPTER 21, ENTITLED OIL AND GAS, OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED; HAVING A REPEALER CLAUSE AND A SAVINGS CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. ORDINANCE NO. 716 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CREATING ANEW CHAPTER 21, ENTITLED OILAND GAS, OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, PROVIDING DEFINITIONS; ESTABLISHING RULESAND PROCEDURES FOR PERMITTING PROCESS AND DRILLING ACTIVITIES; PROVIDING FOR DISCRETIONARY REVIEW BY CITY COUNCIL BASED UPON FACTUAL ANALYSIS; PROVIDING DISTANCE AND NOTICE REQUIREMENTS; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. City Attorney Amy McCullough addressed the Council with regard to Ordinance No. 715 and Ordinance No. 716. She noted that, after discussion with the Mayor and staff, she had changed the notice requirements from 1500 feet to 1000 feet. Councilmember Weber moved for the adoption of Ordinance No. 715 and Ordinance No. 716 on first reading. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber and Richardson. Voting "No" - None. Motion passed 5 to 0. OTHER BUSINESS: None ADJOURNMENT Meeting was adjourned at 9:45 p.m. zv�k- approved as submitted and/or corrected this the A day of A. D., 1996. ATTEST: (!. Yol da C. Benitez Ci Secretary �on, Tom Reid Mayor