1996-02-12 CITY COUNCIL REGULAR MEETING MINUTESRM
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON FEBRUARY 12, 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 Helen Beckman
Councilmember Kevin Cole
City Manager Paul Grohman
City Attorney Amy McCullough
City Secretary Yolanda Benitez
Others in attendance: Assistant City Managers Richard Burdine and Glen Erwin; Assistant
Police Chief Chris Doyle; City Engineer John Hargrove; Director of Administrative Services
Mary Hickling; and Economic Development Director Jim Berry.
Absent: Councilmember Randy Weber
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Councilmember Jerry Richardson, and the Pledge of
Allegiance was led by Assistant Police Chief Chris Doyle.
APPROVAL OF MINUTES
Councilmember Tetens moved for the approval of the minutes of the regular meeting held
on January 22, 1996, 7:30 p.m. Councilmember Richardson seconded the motion.
Motion passed 4 to 0, with Councilmember Weber being absent from the meeting.
MAYOR'S ACTIVITY REPORT
Mayor Reid announced the sale of the pavers at the proposed City Hall Park and Gazebo,
and asked Delores Fenwick, Director of Clean Pearland, to provide additional information
in this regard. Delores stated that the 6 x 6 inch pavers are being sold at a cost of
$35.00 each. She noted that there is a limit of .two lines per paver for engraving with a
limit of 14 characters per line (including the spaces). Mrs. Fenwick stated that the
proceeds with go towards the building of the park; however, she noted that the deadline
is February 29 because of construction demands.
Mayor Reid called Vincent Sudela, his parents and Scoutmaster, as well as Delores
Fenwick, to the podium. He presented Vincent Sudela a Certificate of Appreciation for
his work on the caboose which entailed over 600 hours of work (replacement of the floor,
painting, etc.). By completing this project, he was able to attain his Eagle Scout rank.
The Mayor also noted that the caboose is available for tours and those wishing to take
a tour can call the Clean Pearland office.
Mayor Reid reported on his attendance at several functions during the past few weeks,
which included: Ministerial Alliance Breakfast, the HGAC Board meeting, and the
Historical Society meeting on January 23; the BCCA meeting on January 24; the Clear
Lake Transportation Partnership meeting on January 25; the Mustang District Annual
meeting on January 26; the Chamber of Commerce banquet on January 27; the
Southeast Economic Development Board of Directors meeting on February 1; the
Chamber Leadership Council meeting on February 8; and the Houston -Galveston Area
Council Annual meeting on February 9.
COUNCIL ACTIVITY REPORTS
Councilmember Beckman reported that she attended the prayer breakfast on January 23,
the BCCA meeting on January 24, and the Chamber of Commerce banquet on January
27.
Councilmember Cole stated that he attended the Chamber of Commerce banquet on
January 27, 1996.
Councilmember Tetens reported that he attended the Chamber of Commerce banquet
on January 27 and the HGAC Annual Meeting on February 9.
Councilmember Richardson noted that he attended the Chamber of Commerce banquet
on January 27, and he has also attended several meetings concerning the electronic
community.
CITY MANAGER'S REPORT
City Manager Paul Grohman pointed out that the Police Department Annual Report is out
and noted that crime continues to go down in the City.
Mr. Grohman reported that Centennial Park is�lmost complete and should be ready by
the end of March. He also reported on the City Park which is out for bid at this time. He
stated that the City has received donations from the Rotary Club, the David L. Smith
family and from Clean Pearland, as well as others for the construction of this project. Mr.
Grohman reported on the Master Plan for Independence Park and noted that excavation
is to begin this week.
City Manager Grohman announced that a Sports Psychology Symposium will be held on
Saturday, February 17th, at the Community Center.
CITIZENS: None
DOCKETED PUBLIC HEARINGS: None
UNFINISHED BUSINESS:
SECOND READING OF 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.
Councilmember Richardson moved for the adoption of Ordinance No. 509-66 on its
second reading. The motion was seconded by Councilmember Cole.
Voting "Aye" - Councilmembers Richardson, Tetens, Cole and Beckman.
Voting "No" - None.
Motion passed 4 to 0.
SECOND READING OF 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.
Mayor Reid explained that he and Assistant City Manager Glen Erwin had met with a
group of citizens with regard to these ordinances.
Councilmember Tetens stated that he understood the citizens concerns; however, he is
in favor of the proposed ordinance in order to control drilling and noted that it would be
easier to relax a restrictive ordinance and the Council would have the option to look at
each application on its own merit.
Councilmember Richardson echoed Mr. Tetens statements and noted that his
interpretation is that Council would have the prerogative of relaxing any and all of the
restrictions of the ordinance. Upon request for clarification, City Attorney McCullough
stated this was correct.
Councilmember Beckman stated she was in agreement with the other Councilmembers
and that what they were attempting to do was to protect the residents of Pearland. She
also noted that they could not take a lax ordinance and make it more restrictive; however,
they could take a strict ordinance and relax it.
Councilmember Cole inquired as to when the original ordinance was written. City
Attorney McCullough noted that it was approximately 1963.
Mayor Reid then called upon Tom Alexander who had signed up to speak with regard to
Ordinance No. 715 and Ordinance No. 716.
Tom Alexander - 3208 Nottingham, Pearland, Texas 77581. Mr. Alexander
addressed the Council with his concerns regarding Ordinance No. 716. He stated
that he feels the proposed ordinance is excessive and is of the opinion that the
Council is doing something "to" somebody instead of "for" somebody with the
adoption of this ordinance. Mr. Alexander also noted that he feels the City is doing
some things that will indict the City and he did not want to be a part of it. He
requested that the Council give further consideration to this matter.
Councilmember Tetens moved for the approval of Ordinance No. 715 on its second and
final reading. The motion was seconded by Councilmember Cole.
Voting "Aye" - Councilmembers Beckman, Cole, Tetens and Richardson.
Voting "No" - None.
Motion passed 4 to 0.
SECOND READING OF ORDINANCE NO. 716 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, CREATING A NEW CHAPTER 21,
ENTITLED OIL AND GAS, OF THE CODE OF ORDINANCES OF THE CITY OF
PEARLAND, TEXAS, PROVIDING DEFINITIONS; ESTABLISHING RULES AND
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.
Councilmember Tetens moved for the approval of Ordinance No. 716 on its second and
final reading. The motion was seconded by Councilmember Cole.
Voting "Aye" - Councilmembers Beckman, Cole, Tetens and Richardson.
Voting "No" - None.
Motion passed 4 to 0.
CHANGE IN ORDER OF BUSINESS:
Mayor Reid asked for Council's permission to take the items out of sequence and change
the order of business in order to allow City Engineer John Hargrove to make his
presentations and make his departure as he was going out of town.
NEW BUSINESS:
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH AN
ENGINEERING FIRM TO PREPARE AND DELIVER A DRAINAGE STUDY OF THE
GREEN TEE SUBDIVISIONS, GOLF COURSE, AND ADJACENT ACREAGE FOR THE
PURPOSE OF LOCATING, SIZING AND PHASING OF NEEDED DRAINAGE
IMPROVEMENTS FOR THE AREA.
City Engineer John Hargrove presented information to the Council on this matter and
recommended that they authorize the City Manager to enter into an agreement with
Dannenbaum for the preparation of a drainage study in the priority areas in Green Tee
Subdivision. It was pointed out that the funds are available in the budget.
Councilmember Beckman moved to authorize the City Manager to enter into an
agreement with an engineering firm to prepare and deliver a drainage study of the Green
Tee Subdivisions, golf course, and adjacent acreage for the purpose of locating, sizing
and phasing of needed drainage improvements for the area. The motion was seconded
by Councilmember Richardson.
Voting "Aye" - Councilmembers Beckman, Cole, Tetens and Richardson.
Voting "No" - None.
Motion passed 4 to 0.
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH AN
ENGINEERING FIRM TO PREPARE AND DELIVER A DRAINAGE STUDY OF THE
AREA TRIBUTARY TO TOWN DITCH FOR THE PURPOSE OF LOCATING, SIZING
AND PHASING OF NEEDED DRAINAGE IMPROVEMENTS FOR THE AREA.
City Engineer John Hargrove noted that work in this area would also address some of the
problems associated with the Willowcrest Subdivision. He recommended Council
approval of this project.
Councilmember Cole moved to authorize the City Manager to enter into an agreement
with an engineering firm to prepare and deliver a drainage study of the area tributary to
town ditch for the purpose of locating, sizing and phasing of needed drainage
improvements for the area. The motion was seconded by Councilmember Richardson.
Voting "Aye" - Councilmembers Beckman, Cole, Tetens and Richardson.
M
Voting "No" - None.
Motion passed 4 to 0.
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH A
SURVEYING COMPANY TO PROVIDE GLOBAL POSITIONING SYSTEM LOCATIONS
FOR WATER AND SEWER SYSTEMS.
City Engineer John Hargrove presented this item for Council consideration and noted that
this project would create an opportunity for correctly identifying the location of all of the
manholes in the City and providing detailing concerning the incoming and outgoing pipes
connected to each manhole. He stated this project would provide a water and sewer
system map for the City, and noted that the cost could come close to $250,000 for the
entire City. After inquiry from Council, Mr. Hargrove explained that we have partial
funding for this project and stated that we are attempting to obtain funds from PEDC for
the first phase which would amount to $85,000, and noted that no agreement has been
reached as yet.
Assistant City Manager Richard Burdine provided Council with additional information
concerning this project and noted that funds are available in the Utility Fund which will
cover phase one. Mr. Burdine recommended Council's approval of this project.
Lengthy discussion ensued with regard to this project.
Councilmember Richardson moved to authorize the City Manager to enter into a phase
one agreement with a surveying company to provide global positioning system locations
for water and sewer systems not to exceed $85,000. The motion was seconded by
Councilmember Beckman.
Voting "Aye" - Councilmembers Beckman, Cole, Tetens and Richardson.
Voting "No" - None.
Motion passed 4 to 0.
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR
EMERGENCY SEWER REPAIRS.
Assistant City Manager Richard Burdine presented information to the Council concerning
this item and referred to the memo provided to them which indicates that this item
pertains to the rehabilitation of approximately 620 linear feet of 8" sanitary sewer line
located in the east/west alley north of Broadway between Grand Blvd. and N. Main. He
recommended that IGS (Insituform Gulf South, Inc.) be approved for the repair of this
sewer line at a cost of less than $25,000.
Councilmember Tetens moved to accept the proposal of Insituform Gulf South, Inc. To
reline 620 linear feet of 8" sanitary sewer line for a bid price of $17,980. The motion was
seconded by Councilmember Richardson.
Voting "Aye" - Councilmembers Richardson, Tetens, Cole and Beckman.
Voting "No" - None.
Motion passed 4 to 0.
APPOINTMENT OF TWO (2) MEMBERS TO THE LIBRARY BOARD.
Mayor Reid highly recommended that Penny Woodward and Vicki Prebilski be
reappointed as he has served with both individuals on the Library Board. He also noted
that Ms. Woodward is the current President and Ms. Prebilski is the Secretary -Treasurer,
and they have both agreed to serve another term.
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Councilmember Richardson moved for the reappointment of Penny Woodward and Vicki
Prebilski to the Library Board. The motion was seconded by Councilmember Tetens.
Voting "Aye" - Councilmembers Richardson, Tetens, Cole and Beckman.
Voting "No" - None.
Motion passed 4 to 0.
AWARD OF BID NO. B96-3 - 1996 SIDEWALK IMPROVEMENTS
Assistant City Manager Burdine presented this item for Council consideration and noted
that EEI Pipeline Construction Company was the low bid at a cost of $39,981. Mr.
Burdine recommended Council award the bid to the low bid.
Councilmember Beckman moved to award Bid No. 696-3 for 1996 Sidewalk
Improvements to EEI Pipeline Construction Company for a total bid of $39,981.00. The
motion was seconded by Councilmember Richardson.
Voting "Aye" - Councilmembers Richardson, Tetens, Cole and Beckman.
Voting "No" - None.
Motion passed 4 to 0.
RESOLUTION NO. R96-9 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, SUPPORTING AND ENDORSING THE PEARLAND INDEPENDENT
SCHOOL DISTRICT BOND ISSUE OF FEBRUARY 24, 1996.
Councilmember Cole moved for the adoption of Resolution No. R96-9, seconded by
Councilmember Richardson.
Voting "Aye" - Councilmembers Richardson, Tetens, Cole and Beckman.
Voting "No" - None.
Motion passed 4 to 0.
RESOLUTION NO. R96-10 - A RESOLUTION AND ORDER OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A REGULAR CITY
OFFICERS' ELECTION ON THE FOURTH DAY OF MAY, 1996, FOR THE PURPOSE OF
ELECTING THE MAYOR AND ONE MEMBER OF THE CITY COUNCIL IN AND FOR THE
CITY OF PEARLAND, TEXAS; ESTABLISHING POLLING PLACES; NAMING CLERKS; AND
ESTABLISHING PROCEDURES FOR SAID REGULAR CITY OFFICERS' ELECTION.
Councilmember Tetens moved for the adoption of Resolution No. R96-10, seconded by
Councilmember Richardson.
Voting "Aye" - Councilmembers Beckman, Cole, Tetens and Richardson.
Voting "No" - None.
Motion passed 4 to 0.
FIRST READING OF ORDINANCE NO. 717 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD
ON THE FOURTH DAY OF MAY, 1996; DESIGNATING THE HOURS AND PLACE FOR
HOLDING SUCH ELECTION AND PROVIDING FOR SUBMISSION TO THE VOTERS OF
CERTAIN PROPOSED CHARTER AMENDMENTS.
Councilmember Richardson moved for the adoption of Ordinance No. 717 on its first
reading. The motion was seconded by Councilmember Beckman.
Mayor Reid noted that the City Attorney had provided the Council with the proposed
charter amendments as they will look on the ballot. He commended the Charter Review
Commission for their work on the charter and proposed amendments.
Discussion followed with regard to generating the public's interest in coming out to vote
on the proposed charter amendments. It was suggested that the Charter Review
Commission, along with the Mayor and Council, would be the best people to generate
this interest and conduct an education campaign to make the citizens aware of the
changes.
Voting "Aye" - Councilmembers Beckman, Cole, Tetens and Richardson .
Voting "No" - None.
Motion passed 4 to 0.
RESOLUTION NO. R96-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPOINTING PERSONS TO SERVE AT THE CENTRAL COUNTING
STATION, BRAZORIA COUNTY COURTHOUSE, ANGLETON, TEXAS, FOR THE REGULAR
CITY OFFICERS' ELECTION AND SPECIAL ELECTION TO BE HELD ON THE FOURTH
DAY OF MAY, 1996,
Councilmember Beckman moved for the adoption of Resolution No. R96-11 appointing
Kathy Bevel, Station Manager; Terry Packard, Tabulation Supervisor; Janice Evans,
Presiding Judge of Central Counting Station; and Helen Patterson, Alternate Presiding
Judge of Central Counting Station. The motion was seconded by Councilmember
Tetens.
Voting "Aye" - Councilmembers Richardson, Tetens, Cole and Beckman.
Voting "No" - None.
Motion passed 4 to 0.
RESOLUTION NO. R96-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING RESOLUTION NO. R94-47, GUIDELINES AND CRITERIA
FOR GRANTING TAX ABATEMENT IN A REINVESTMENT ZONE CREATED IN THE CITY
OF PEARLAND, BRAZORIA COUNTY, TEXAS FOR PURPOSES OF BRINGING IT INTO
COMPLIANCE WITH CURRENT STATE LAWS; CLARIFYING THE DURATION OF TAX
ABATEMENT AGREEMENTS AND THE AMOUNT OF TAXES THAT MAY BE ABATED;
CHANGING THE MINIMUM CAPITAL INVESTMENT REQUIRED; AND CHANGING THE
NOTICE REQUIREMENTS FOR HOLDING PUBLIC HEARINGS FOR TAX ABATEMENT;
HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND A SEVERABILITY CLAUSE.
Councilmember Cole moved for the adoption of Resolution No. R96-12, seconded by
Councilmember Richardson.
City Manager Grohman noted that the first Tax Abatement ordinance had been passed
over two years ago, and it was done specifically to conform with the one existing in
Brazoria County. He noted that the County is in the process of changing their policy, so
the City would like to change theirs in order to have a better policy in place than we
currently have. Mr. Grohman stated that the City has lost prospective businesses due to
not having this policy in place in the past.
Voting "Aye" - Councilmembers Richardson, Tetens, Cole and Beckman.
Voting "No" - None.
Motion passed 4 to 0.
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH A
LAND USE PLANNING AND DEVELOPMENT FIRM TO FACILITATE ETJ
ADJUSTMENT.
Councilmember Richardson moved to authorize the City Manager to enter into an
agreement with a land use planning and development firm to facilitate ETJ adjustment.
The motion was seconded by Councilmember Tetens.
Voting "Aye" - Councilmembers Richardson, Tetens, Cole and Beckman.
Voting "No" - None.
Motion passed 4 to 0.
REQUEST FOR VARIANCE BY METALLURGICAL TECHNOLOGIES, INC. ("MTI") IN
ACCORDANCE WITH SECTION 3(F) OF RESOLUTION NO. R96-12, TAX ABATEMENT
GUIDELINES AND CRITERIA, ALLOWING COMMENCEMENT OF CONSTRUCTION
OF NEW FACILITY PRIOR TO DESIGNATION OF REINVESTMENT ZONE AND
EXECUTION OF TAX ABATEMENT AGREEMENT.
City Manager Grohman reported that this company is committed to bringing their
business to the City of Pearland, creating about 85 jobs, and build a 40,000+ square foot
building. He requested that the length of time requirement be waived in order to facilitate
this business coming into the City. City Attorney McCullough provided further clarification
on this request.
Councilmember Tetens moved for the approval of the request for variance by
Metallurgical Technologies, Inc., in accordance with Section 3(F) of Resolution No. R96-
12, Tax Abatement Guidelines and Criteria. The motion was seconded by
Councilmember Richardson.
Voting "Aye" - Councilmembers Richardson, Tetens, Cole and Beckman.
Voting "No" - None.
Motion passed 4 to 0.
OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.071 - CONSULTATION WITH ATTORNEY REGARDING PENDING
LITIGATION - DISCUSSION OF WOODWARD LAWSUIT AND LEGAL ASSISTANCE FOR
LITIGATION.
The Council recessed to Executive Session at 9:20 p.m.
The Council returned from Executive Session at 9:45 p.m.
NEW BUSINESS (CONTINUED):
INSTRUCTION TO CITY ATTORNEY REGARDING WOODWARD LITIGATION
Councilmember Richardson moved to authorize the City Attorney to enter into an
agreement with an outside legal firm for the purpose of acquiring outside counsel to
assist in the litigation of the Woodward lawsuit. The motion was seconded by
Councilmember Tetens.
Voting "Aye" - Councilmembers Richardson, Tetens, Cole and Beckman.
Voting "No" - None.
156
Motion passed 4 to 0.
ADJOURNMENT
Meeting was adjourned at 9:46 p.m.
n=T4:
s submitted
A. D., 1996,
ATTEST:
U�
Y da C. Benitez
City Secretary
and/or corrected this the day
Tom Reid
Mayor
of