1996-05-13 CITY COUNCIL REGULAR MEETING MINUTES 7:00PM0
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MAY 13, 1996, AT 7:00 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 Randy Weber
Councilmember Kevin Cole
City Manager Paul Grohman
City Attorney Amy McCullough
City Secretary Yolanda C. Benitez
Others in attendance: Assistant City Managers Glen Erwin and Richard Burdine; City
Engineer John Hargrove; Police Chief Mike Hogg; Parks & Recreation Director Ed Hersh;
and Director of Finance Jim Causey.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Councilmember Randy Weber and the Pledge of Allegiance
was led by Assistant City Manager Glen Erwin.
APPROVAL OF MINUTES
Councilmember Tetens moved that the minutes of the Special Meeting held on May 6,
1996, 7:30 p.m., be accepted as presented. Councilmember Richardson seconded the
motion.
Councilmember Richardson inquired about the process used to get the percentages for
the candidates. City Secretary Yolanda Benitez explained that the talliers used the actual
votes received divided by the total ballots cast which was 2,278.
Motion passed 5 to 0.
MAYOR'S ACTIVITY REPORT
Mayor Reid presented Richard Burdine, Ronnie McWhirter and John Hobson with a
proclamation in recognition of National Public Works Week which is scheduled for May
19-25, 1996. John Hobson announced that on Monday, May 20, from 11:00 a.m. to 1:00
p.m., the public was invited to attend a Public Works Rodeo involving the city crew. On
that same evening, from 5:00 p.m. to 7:00 p.m., there will be an open house at the
Service Center, and the public is invited to see the demonstrations and view the heavy
equipment which will be on display.
The remaining portion of the Mayor's Activity Report, as well as the Council Activity
Reports were bypassed until the 8:00 p.m. meeting.
Mayor Reid reported on the awards ceremony which took place on Friday, May 10th, in
Austin. Officer Matt Zepeda was presented with one of ten Governor's Awards for
outstanding law enforcement in the State of Texas. He also stated that the Color Guard
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did an outstanding job and was very well received.
CITY MANAGER'S REPORT
City Manager Paul Grohman reported that major rebuilding of roads and building of new
roads is taking place throughout the city. He announced that the third Citizens Police
Academy had graduated on Saturday, May 11th. Mr. Grohman congratulated Matt
Zepeda on the Governor's award he received in Austin on May 10th. He announced that
one of our volunteer firemen, Chuck Gaboury, age 48, had passed away last week of a
massive stroke. Mr. Gaboury had been a volunteer with the Fire Department for 16 years.
City Manager Grohman reported that Assistant City Manager Glen Erwin is continuing to
serve as Interim Director of the Economic Development Corporation and things are
running very smoothly. He announced that 250 manufacturing jobs had been created in
the last six months.
Mike Hogg - Police Chief. Police Chief Hogg announced that this week (May 13-
18) is National Police Week. He invited everyone to the annual awards ceremony
on May 16, 1996, at 6:30 p.m. at the Community Center. Two officers will be
promoted to the rank of Corporal at the same ceremony (Bill Wagner and Jeff
Murdock), and the first class of the Park Ambassador Program will be graduating.
They will begin serving in the Parks Department the first week of June.
Frances Denton, CPA Graduate, presented the Mayor, Council, and staff with a
blue ribbon in recognition of COPS (Concerns of Police Survivors).
Police Chief Hogg introduced Officer Matt Zepeda and announced that he had
received the Texas Commission on Law Enforcement Standards and Education
Award of Excellence. He noted the many areas that Officer Zepeda had served
his community in earning this award.
2. Matt Zepeda - Pearland Police Department. Officer Zepeda thanked the Mayor,
Council and citizens of Pearland for helping him to be successful in his
accomplishments over the past five years. He noted that their efforts enabled him
to be the recipient of the state award. Officer Zepeda received a standing ovation.
CITIZENS:
Inez Farmer - 4804 W. Orange. Mrs. Farmer came before Council to publicly thank
those people who assisted her with the election. In particular, she thanked the
City Secretary, Helen Horton, Oleta Hawkins, Bob Lewis, Brian Armbruster, and
Angel Kahanek.
2. L. B. Lyon - 5013 Apple Springs. Mr. Lyon addressed Council with regard to the
publishing of legal notices and saving taxpayers money by using one local paper
instead of two. He expressed appreciation on behalf of the citizens of Pearland.
3. Richard Keschinger - 2011 Sleepy Hollow. Mr. Keschinger appeared before
Council to discuss roads being built in Pearland. He asked the Mayor if the
priority of roads was still for Dixie Farm Road, Centennial Boulevard, and Mykawa
to be taken care of prior to any other road projects.
Mayor Reid stated that those were the priorities which he felt would be of most
benefit to the citizens in the community, and sometimes those priorities change
because of lack of funding and outside influences that no one has control over;
however, he stated that those were positive candidates and would serve the
greater need of the entire community better than any other choices at this time.
DOCKETED PUBLIC HEARINGS: None
UNFINISHED BUSINESS: None
EM
NEW BUSINESS:
FIRST AND ONLY READING OF ORDINANCE NO. 725 - AN ORDINANCE
AUTHORIZING ISSUANCE OF CITY OF PEARLAND, TEXAS, WATER AND SEWER
SYSTEM REVENUE REFUNDING BONDS, SERIES 1996A; PRESCRIBING THE TERMS
AND CONDITIONS THEREOF; PROVIDING FOR PAYMENT THEREOF; MAKING OTHER
PROVISIONS REGARDING SUCH BONDS AND MATTERS INCIDENT THERETO;
AWARDING THE SALE OF THE BONDS; AUTHORIZING THE DEFEASANCE, FINAL
PAYMENT AND DISCHARGE OF CERTAIN OUTSTANDING BONDS; AUTHORIZING THE
EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT TO PROVIDE FOR THE
PAYMENT OF SUCH BONDS; AUTHORIZING ENGAGEMENT OF AN ESCROW AGENT
AND BOND COUNSEL; AUTHORIZING EXECUTION AND DELIVERY OF A PAYING
AGENT/REGISTRAR AGREEMENT; AND DECLARING AN EMERGENCY, AS THE TIMELY
ISSUANCE OF WATER AND SEWER SYSTEM REVENUE REFUNDING BONDS BEARS
DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENRY,
City Manager Grohman introduced Rick Witte from Mayer, Day & Caldwell, and Frank
Ildebrando of Rauscher Pierce Refnes, Inc., who were present to provide information
regarding this ordinance as well as Ordinance No. 726. City Attorney Amy McCullough
explained that the two could be acted upon at the same time.
FIRST AND ONLY READING OF ORDINANCE NO. 726 - AN ORDINANCE
AUTHORIZING ISSUANCE OF CITY OF PEARLAND, TEXAS, WATER AND SEWER
SYSTEM REVENUE BONDS, SERIES 19966; PRESCRIBING THE TERMS AND
CONDITIONS THEREOF; PROVIDING FOR PAYMENT THEREOF; MAKING OTHER
PROVISIONS REGARDING SUCH BONDS AND MATTERS INCIDENT THERETO;
AWARDING THE SALE OF THE BONDS; AUTHORIZING BOND INSURANCE;
AUTHORIZING EXECUTION AND DELIVERY OF A PAYING AGENT/REGISTRAR
AGREEMENT; AND DECLARING AN EMERGENCY, AS THE TIMELY ISSUANCE OF
WATER AND SEWER SYSTEM REVENUE BONDS BEARS DIRECTLY UPON THE
HEALTH, SAFETY, AND WELFARE OF THE CITIZENRY.
Councilmember Beckman moved for the adoption of Ordinance No. 725 and Ordinance
No. 726. The motion was seconded by Councilmember Tetens.
Frank Ildebrando of Rauscher Pierce Refnes, Inc., distributed and explained a summary
concerning the interest rates related to the sale of the refunding bonds series 1996A and
the revenue bonds series 19968. He recommended that both ordinances be approved.
Rick Witte, Bond Counsel, reviewed the ordinances to be acted upon, and in response
to a request from Mayor Reid, provided a description of revenue bonds.
Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber and Richardson.
Voting "No" - None.
Motion passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-71 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE
LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND,
TEXAS, FOR A SPECIFIC USE PERMIT TO ALLOW FOR A TELECOMMUNICATION
SYSTEM AND LINES TO BE BUILT IN A COMMERCIAL DISTRICT (C) (LOT 4, BLOCK 1,
FERRI SUBDIVISION - KNAPP ROAD) AT THE REQUEST OF DON TALLANT,
SOUTHWESTERN BELL TELEPHONE, AGENT FOR FORMERS BYERNIE, INC., OWNER;
PROVIDING FOR AN AMENDMENT TO THE LAND USE DISTRICT MAP; CONTAINING
A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT.
City Attorney Amy McCullough stated that these two ordinances were companion
ordinances and could be acted upon at the same time.
FIRST READING OF ORDINANCE NO. 509-72 - 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 A SPECIFIC
USE PERMIT TO ALLOW FOR TELECOMMUNICATION EQUIPMENT TO BE BUILT IN A
COMMERCIAL DISTRICT (C) BEING A TRACT OF LAND CONTAINING 0.061 ACRES
(2658 SQUARE FEET) OUT OF THE WARREN D.C. HALL LEAGUE, A-70, BRAZORIA
COUNTY, TEXAS. SAID 0.061 ACRE TRACT ALSO BEING PART OF A 1.4030 ACRE
TRACT BEING ALL OF UNRESTRICTED RESERVE "A", PARTIAL REPLAT OF OAKBROOK
SUBDIVISION PHASE ONE, SECTION ONE - AMENDED PLAT AS RECORDED BY PLAT
IN VOLUME 19, PAGE 41-42, BRAZORIA COUNTY PLAT RECORDS, BRAZORIA
COUNTY, TEXAS, AS CONVEYED TO KWAI PING CHEUNG LAU BY DEED RECORDED
IN COUNTY CLERK'S FILE NO. 93-017608 OF THE OFFICIAL RECORDS OF BRAZORIA
COUNTY, TEXAS, AND BEING PART OF LOT 10 OF THE GEORGE W. JENKINS
SUBDIVISION AS RECORDED BY PLAT IN VOLUME 79, PAGE 616, BRAZORIA COUNTY
DEED RECORDS, BRAZORIA COUNTY, TEXAS, AT THE REQUEST OF BILL
STRICKLAND, AGENT FOR SOUTHWESTERN BELL TELEPHONE, OWNER; PROVIDING
FOR AN AMENDMENT TO 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. 509-71 and Ordinance
No. 509-72 on first readings. The motion was seconded by Councilmember Beckman.
Assistant City Manager Richard Burdine reminded the Council that both of these
ordinances were in reference to specific use permit applications which were reviewed
during a public hearing a few weeks prior. He reviewed the areas involved in the
requests.
Mayor Reid read letters of recommendation which he had received from the Planning &
Zoning Commission in reference to Ordinance No. 509-71 and No. 509-72.
Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
FIRST READING OF ORDINANCE NO. 729 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, DESIGNATING AND COMMITTING PORTIONS OF
REAL PROPERTY ACQUIRED OR TO BE ACQUIRED IN FEE OR BY EASEMENT FOR
PURPOSES OF CONSTRUCTING AND MAINTAINING PUBLIC RIGHTS-OF-WAY,
DRAINAGE IMPROVEMENTS, AND BRIDGES WITHIN THE CITY UPON DIXIE FARM
ROAD IN THE VICINITY OF CLEAR CREEK, UPON JOHN LIZER IN THE VICINITY OF
MARY'S CREEK, AND UPON VETERANS DRIVE IN THE VICINITY OF MARY'S CREEK,
IN COOPERATION WITH THE TEXAS DEPARTMENT OF TRANSPORTATION; HAVING
A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Councilmember Tetens moved for the approval of Ordinance No. 729 on its first of two
readings. The motion was seconded by Councilmember Richardson.
Assistant City Manager Richard Burdine reviewed several maps of the areas involved in
this ordinance. In response to Council inquiry, he noted that the Dixie Farm Road bridge
will be built to its full width initially and striped for the existing roadway.
Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber and Richardson.
Voting "No" - None.
Motion passed 5 to 0.
FIRST READING OF ORDINANCE NO. 728 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, FINDING THAT THE CITY HAS ESTABLISHED
GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS;
DESIGNATING AND DESCRIBING A REINVESTMENT AREA UNDER THE PROPERTY
REDEVELOPMENT AND TAX ABATEMENT ACT; FINDING THAT THE IMPROVEMENTS
SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD BE A BENEFIT TO THE LAND
TO BE INCLUDED IN THE ZONE AND THE MUNICIPALITY AFTER THE EXPIRATION OF
THE TAX ABATEMENT AGREEMENT; AUTHORIZING THE MAYOR OR THE CITY
MANAGER TO SIGN TAX ABATEMENT AGREEMENTS WHEN APPROVED BY THE CITY
COUNCIL; PROVIDING CONDITIONS; AND PROVIDING AN EFFECTIVE DATE.
Councilmember Weber moved for the adoption of Ordinance No. 728 on its first reading.
The motion was seconded by Councilmember Richardson.
City Manager Grohman explained that this was the next step in providing a tax abatement
for Metallurgical Technologies, Inc. (MTI). He also noted that the Economic Development
Board has recommended the approval of this ordinance.
Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber and Richardson.
Voting "No" - None.
Motion passed 5 to 0.
AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
BRAZORIA COUNTY COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT
FOR PURPOSES OF SUPERVISING WORK PROJECTS INVOLVING PARTICIPANTS IN
THE COMMUNITY SERVICE RESTITUTION PROGRAM.
Councilmember Tetens moved to authorize the City Manager to execute this agreement
with Brazoria County Community Supervision and Corrections Department. The motion
was seconded by Councilmember Richardson.
City Manager Grohman explained that this is a similar agreement to one we have had in
the past and noted that the current one has expired.
Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
OTHER BUSINESS: None
ADJOURNMENT
Meeting was adjourned at 8:10 p.m.
Minutes approved as submitted and/or
A. D., 1996.
ATTEST:
Yo n a C. Benitez
City Secretary
corrected this th day
Tom Reid
Mayor
of
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