1996-03-11 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MARCH 11, 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; Police
Chief Mike Hogg; City Engineer John Hargrove; Economic Development Director Jim
Berry; and Parks & Recreation Director Ed Hersh.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Police Chief Mike Hogg, and the Pledge of Allegiance was
led by Economic Development Director Jim Berry.
APPROVAL OF MINUTES
Councilmember Tetens moved that the minutes of the Joint Public Hearing of February
26, 1996, 6:30 p.m., be approved as presented. Councilmember Richardson seconded
the motion.
Motion passed 4 to 0.
Councilmember Tetens moved that the minutes of the Regular Meeting held on February
26, 1996, 7:30 p.m., be approved as presented. Councilmember Richardson seconded
the motion.
Motion passed 4 to 0.
CHANGE IN ORDER OF BUSINESS:
Mayor Reid explained that the Council was going to take the items out of sequence and
begin with New Business Item #4.
NEW BUSINESS:
REVIEW OF PARADE APPLICATION FOR PEARLAND LITTLE LEAGUE
Police Chief Mike Hogg presented this item for Council consideration and noted that he
had met with a group of people from the Pearland Little League organization. He
reviewed the proposed route and recommended that the application be approved.
Councilmember Cole made a motion to approve the parade route as presented by the
Chief. The motion was seconded by Councilmember Richardson.
Councilmember Tetens asked for clarification of this motion to note that the amended
parade route request submitted by the Little League was being approved, and it was
noted that was the correct motion.
Councilmember Cole then read a letter of support for the Little League Parade from
Councilmember Weber who was absent from the meeting. Councilmember Cole noted
that the City Council had passed a parade ordinance in the Fall of 1995, and that prior
to this evening, the Council had not had the opportunity to either approve or disapprove
any parade for Pearland Little League and Pearland Girls Softball.
Councilmember Cole amended his motion stating that Council would grant approval for
the Little League parade application for the current route not only for 1996, but also for
1997, 1998, 1999, and the year 2000 with the only requirement being that they bring in
their paperwork and that they notify the Police Chief 30 days prior to the parade. The
amended motion was seconded by Councilmember Richardson.
Councilmember Richardson read a letter of support for all sports and facilities for the
children of Pearland from Dr. Donna Gant who had delivered the letters to the Council
prior to the start of the meeting.
CITIZENS:
Garey Willbanks - 2422 Londonderry. Mr. Willbanks thanked the City Council and
the Police Chief for approving the Little League parade on FM 518. He extended
an invitation to the Mayor and Police Chief to lead the parade.
2. Donald Treadwell - 3105 Patricia Lane. Mr. Treadwell thanked Police Chief Mike
Hogg for his assistance with their application.
Councilmember Richardson called for the question.
Voting "Aye" - Councilmembers Beckman, Cole, Tetens and Richardson.
Voting "No" - None.
Motion passed 4 to 0.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported on his activities during the past two weeks which included: PEDC's
Industrial Broker Day on February 29; PEDC Board meeting on March 3; a presentation
at the AARP meeting on March 5; the Strategic Planning Committee Meeting on March
7; and the Texas Association of Regional Councils of Government meeting in Austin on
March 8 as a voting member of the Board of Directors.
COUNCIL ACTIVITY REPORTS
Councilmember Beckman reported that she attended the Electronic Community
presentation put on by Councilmember Richardson on March 6 and the Keep America
Beautiful Regional Conference in Albuquerque, New Mexico, on March 7-8.
Councilmember Cole stated that he had no report; however, he urged the citizens to
exercise their right to vote (if they had not already done so) tomorrow, March 12th.
Councilmember Tetens had no report.
Councilmember Richardson reported that he has begun a series of presentations on the
Pearland Electronic Community. He stated that he is available to make the presentations
she will get back with Mr. Hosek as soon as this has been formulated, probably
within the next week or so.
3. Len DePrang - 2510 Colleen. Mr. De Prang commended the City Council and the
planning groups involved concerning the plans for Independence Park. He noted
that he is a music teacher and is very excited about the fact that the plans for the
park include a performance space, as there is not one available in the City of
Pearland at present.
4. L.B. Lyons - 5013 Apple Springs. Mr. Lyons addressed Council with regard to the
publishing of legal notices. He stated that costs could be cut down by cutting
down the printing of the Mayor's name with each ordinance, and by eliminating the
voting records for each ordinance. Mr. Lyons requested that the City Secretary
contact the Attorney General's Office with respect to what we might be able to
delete from the legal notices in publishing them in the local papers. City Manager
Paul Grohman responded that, by law, it is required that the Mayor's name be
listed with each ordinance on a "stand alone" basis, and that by City Charter, it is
required that the voting records be published for each ordinance.
DOCKETED PUBLIC HEARINGS: None
UNFINISHED BUSINESS:
SECOND READING OF ORDINANCE NO. 509-67 - 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
47.43 ACRES IN THE THOMAS GREEN SURVEY, ABSTRACT 198, BRAZORIA COUNTY,
TEXAS (E. BROADWAY, HWY. 518), FROM CLASSIFICATION SINGLE FAMILY
DWELLING DISTRICT (R-2) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST
OF MICHAEL D. WILSON, AGENT FOR FIRST BAPTIST CHURCH - 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. 509-67 on its
second and final reading, 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. 718 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A SEVEN PERCENT
(7%) HOTEL OCCUPANCY TAX IN ACCORDANCE WITH CHAPTER 351 OF THE TAX
CODE, AS AMENDED; PROVIDING DEFINITIONS; REQUIRING COLLECTION AND
QUARTERLY REPORTS; ESTABLISHING POWERS OF THE DIRECTOR OF FINANCE;
PROVIDING PENALTIES FOR VIOLATIONS; HAVING A REPEALER CLAUSE, A SAVINGS
CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION,
PUBLICATION AND AN EFFECTIVE DATE.
Councilmember Tetens moved for the approval of Ordinance No. 718 on its second and
final reading, seconded by Councilmember Richardson.
Voting "Aye" - Councilmembers Beckman, Cole, Tetens and Richardson.
Voting "No" - None.
to
civic clubs and organizations interested in this information. Councilmember
Richardson noted that the Pearland Homepage is now on the Internet.
CITY MANAGER'S REPORT
City Manager Paul Grohman reported on the following: 1) The City is basically at the end
of its financial conversion which began approximately 1 1/2 years ago and the Police
Department is the only department left to change out. A new inventory system should
be started within the next 30 days. 2) PEDC has a groundbreaking tomorrow, March
12th, at 10:00 a.m. for Metallurgical Technologies, Inc. 3) PEDC's bus tour was very
successful despite the weather. There were 20+ industrial brokers, along with others
who were interested in the presentation and tour who attended the Industrial Broker Day
on February 29th. 4) Centennial Park is approximately 90% complete. 5) Hyde Park
underwent another major renovation. 6) John Hargrove made a presentation to HGAC
on Monday, March 4th, for a pilot program on anaerobic sludge digestion process. 7)
The Strategic Planning Committee was kicked off on Thursday, March 7th, and several
hundred more volunteers will be solicited for the different committees under the umbrella
of the Strategic Planning Committee. 8) The City is waiting to hear from Brazoria County
on the resurfacing of the streets as there is a major project being undertaken this year.
9) The third Citizens Police Academy will be starting soon and they have 27 participants.
10) Testing is under way for sergeant and corporal positions. 11) The new ambulance
should be in service next week.
Speed Hump Report: Police Chief Mike Hogg presented the first portion of the
presentation on the speed humps/bumps. He stated that the City supports properly
designed, implemented and monitored speed humps as an alternative speed control
measure if and when we can find the funding to go forward with this.
Assistant City Manager Richard Burdine recognized the efforts of Sgt. Fraser and Officer
Holleman for the report which they compiled on the speed humps. He reviewed the
highlights of the report and provided clarification between speed "humps" and speed
"bumps". Mr. Burdine reported on the City of Dallas' and City of Austin's experience with
two different types of speed humps. He emphasized that these are not intended to slow
traffic down on thoroughfares or collector streets. They are also not intended for slowing
traffic on short streets as there is a 300 -foot long minimum requirement, or streets that
have only one moving lane each way. Mr. Burdine reviewed several examples, as well
as the application process for the implementation of the speed humps. He stated that
the average cost of the speed humps is $1,000 to $1,500 per hump depending on the
type of hump that is installed. Upon inquiry from Council, City Engineer John Hargrove
stated that he would be more likely to endorse the "table" type speed humps over any
other type.
CITIZENS:
Sam Matzas - 2213 Fairway Circle. Mr. Matzas addressed the Council concerning
the use of City Parks by private groups and the request by the Pearland Little
League to convert a City park for their use. He applauded the Mayor and Council
for the adoption of the proposed plans for Independence Park.
2. Chip Hosek - 3126 Yost Road. Mr. Hosek thanked the Council for their approval
of the Little League parade application for the next five years. He also addressed
Council with regard to the following: 1) He stated that he had been asked to be
a part of the Strategic Planning Committee, yet he did not receive notice of the
meeting held last week. He left his business card and pager number with the City
Manager so that he may be contacted for future meetings. 2) He obtained a copy
of Ordinance No. 717, and requested that City Attorney Amy McCullough meet
with Mr. Hosek and a task force he has assembled to review the proposed charter
amendments sometime within the next two weeks. After a brief discussion, City
Attorney McCullough stated that City staff is in the process of organizing a means
of educating the community concerning the proposed charter amendments, and
Motion passed 4 to 0.
NEW BUSINESS:
FIRSTAND ONLY READING OF ORDINANCE NO. 719 -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 LONG VIEW DRIVE IN A
WESTERLY DIRECTION AT ITS INTERSECTION WITH LONGWOOD DRIVE, UPON JANET
PLACE IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH BRIAR VIEW DRIVE,
UPON GEORGE STREET IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH
BRIAR VIEW DRIVE (BRIARGLEN SECTION 3); PROVIDING A PENALTY FOR VIOLATION;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER
CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND FOR
CODIFICATION; 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 Cole moved for the adoption of Ordinance No. 719 on its first and only
reading. The motion was seconded by Councilmember Tetens.
Voting "Aye" - Councilmembers Richardson, Tetens, Cole and Beckman.
Voting "No" - None.
Motion passed 4 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 720 - 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 CHELSEA LANE IN A
WESTERLY DIRECTION AT ITS INTERSECTION WITH SUNSET MEADOWS DRIVE, UPON
SUNSET LAKES DRIVE IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH
SUNSET MEADOWS DRIVE, UPON LAKE VIEW DRIVE IN A NORTHERLY DIRECTION AT
ITS INTERSECTION WITH SUNSET LAKES DRIVE, UPON LAKE VIEW DRIVE IN A
SOUTHERLY DIRECTION AT ITS INTERSECTION WITH SUNSET LAKES DRIVE, UPON
LAKE DRIVE IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH SUNSET
LAKES DRIVE, UPON LAKE DRIVE IN A NORTHERLY DIRECTION AT ITS INTERSECTION
WITH SHADOWBEND (SUNSET LAKES SECTION 2); PROVIDING A PENALTY FOR
VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A
REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND FOR
CODIFICATION; 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 moved for the adoption of Ordinance No. 720 on first and only
reading. The motion was seconded by Councilmember Cole.
Voting "Aye" - Councilmembers Beckman, Cole, Tetens and Richardson.
W_ Voting "No" - None.
Motion passed 4 to 0.
AUTHORIZATION FOR CITY MANAGER TO EXECUTE AGREEMENT WITH BRAZORIA
COUNTY MOSQUITO CONTROL DISTRICT TO USE AERIAL SPRAYING OVER THE CITY.
Councilmember Richardson moved to authorize the City Manager to execute the
agreement with Brazoria County Mosquito Control District to use aerial spraying over the
City. The motion was seconded by Councilmember Cole.
Voting "Aye" - Councilmembers Beckman, Cole, Tetens and Richardson.
Voting "No" - None.
Motion passed 4 to 0.
AWARD OF BID NO. B96-6 - FOR THE DEMOLITION OF TWO (2) HOMES DAMAGED
BY OCTOBER, 1994 FLOOD IN ACCORDANCE WITH THE CITY'S HAZARD MITIGATION
PROGRAM.
Assistant City Manager Richard Burdine reported that these two homes had received
more than 50% damage; therefore, we had worked with the State and the City now owns
these homes and bids were obtained for the demolition of the homes, returning the lots
to their natural state, removing the impervious cover on the site, and maintaining it in
perpetuity. Mr. Burdine stated that the low bid received was from Recovery Contractors,
Inc., in the amount of $10,200, and recommended acceptance of this bid.
Councilmember Cole moved to award Bid No. B96-6 to Recovery Contractors, Inc., in the
amount of $10,200. The motion was seconded by Councilmember Richardson.
Voting "Aye" - Councilmembers Richardson, Tetens, Cole and Beckman.
Voting "No" - None.
Motion passed 4 to 0.
ORDINANCE NO. 509-68 - 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 0.252 ACRES OF
LAND OUT OF LOT 46 E-1 AND 0.103 ACRES OF LAND, MORE OR LESS, OUT OF LOT
46 E-2 FOR A TOTAL OF 0.355 ACRES OUT OF TRACT 46 OF THE ALLISON RICHEY
GULF COAST HOME COMPANY SUBDIVISION OF SECTION 8, F.B. DRAKE SURVEY,
ABSTRACT 504, BRAZORIA COUNTY, TEXAS (6609 B ROADWAY) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL
DISTRICT (C) AT THE REQUEST OF RAY WHALEY, 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 moved for the adoption of Ordinance No. 509-68 on its first
reading. The motion was seconded by Councilmember Richardson.
Voting "Aye" - Councilmembers Beckman, Cole, Tetens and Richardson.
Voting "No" - None.
Motion passed 4 to 0.
ADOPTION OF GOALS AND OBJECTIVES ESTABLISHED AT STRATEGIC PLANNING
WORKSHOP ON NOVEMBER 17, 1995.
Councilmember Tetens moved for the adoption of the Goals and Objectives established
at the Strategic planning Workshop, seconded by Councilmember Beckman.
Voting "Aye" - Councilmembers Beckman, Cole, Tetens and Richardson.
Voting "No" - None.
Motion passed 4 to 0.
ATTEST:
I nda C. Benitez
City Secretary
DIRECTIVE TO STAFF TO INITIATE A SERVICE PLAN FOR THE ANNEXATION OF
APPROXIMATELY 57 ACRES NORTH OF 518, BETWEEN O'DAY ROAD AND GARDEN
ROAD, INCLUDING THE PINE OAKS SUBDIVISION.
Councilmember Beckman moved to direct the staff to initiate a service plan for the
annexation of approximately 57 acres north of 518, between O'Day Road and Garden
Road, including the Pine Oaks Subdivision. The motion was seconded by
Councilmember Tetens.
Voting "Aye" - Councilmembers Richardsdn, Tetens, Cole and Beckman.
Voting "No" - None.
Motion passed 4 to 0.
OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.072 - REAL PROPERTY - DISCUSSION REGARDING ACQUISITION
AND/OR SALE OF LAND FOR THE PEDC INDUSTRIAL PARK SITE, BELTWAY 8 SITE,
FUTURE REGIONAL WATER DETENTION SITES, AND ROAD RIGHTS OF WAY.
Council recessed to Executive Session at 9:17 p.m.
Council returned from Executive Session at 10:23 p.m.
NEW BUSINESS (CONTINUED):
DIRECTION TO STAFF REGARDING ACQUISITION AND/OR SALE OF LAND FOR
THE PEDC INDUSTRIAL PARK SITE, BELTWAY 8 SITE, FUTURE REGIONAL WATER
DETENTION SITES, AND ROAD RIGHTS OF WAY.
Councilmember Cole moved to authorize the City Manager to explore alternate regional
detention and industrial park sites, and to instruct staff to include a condemnation action
item on the next regular City Council meeting agenda in accordance with State law
regarding Centennial Boulevard right-of-way acquisition. The motion was seconded by
Councilmember Richardson.
Voting "Aye" - Councilmembers Richardson, Tetens, Cole and Beckman.
Voting "No" - None.
Motion passed 4 to 0.
ADJOURNMENT
Meeting was adjourned at 10:25 p.m.
Minutes appro ed as submitted and/or corrected this the o? day of
A. D., 1996.
Tom Reid
Mayor