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.
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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.
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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
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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.
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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:
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Yol da C. Benitez
Ci Secretary
�on,
Tom Reid
Mayor