1996-06-10 CITY COUNCIL REGULAR MEETING MINUTES3 0
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON JUNE 10, 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 Jerry Richardson
Councilmember Helen Beckman
Councilmember Richard Tetens
Councilmember Larry Wilkins
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; and Parks & Recreation Director Ed
Hersh.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Mayor Pro Tem Jerry Richardson and the Pledge of
Allegiance was led by Boy Scout Troop 404 from Brookside Village.
APPROVAL OF MINUTES
Councilmember Tetens moved that the minutes of the Special Meeting held on June 3,
1996, 7:30 p.m., be approved as presented. Councilmember Richardson seconded the
motion.
Motion passed 4 to 0, with Councilmember Beckman abstaining as she was absent from
the June 3rd meeting.
MAYOR'S ACTIVITY REPORT
Mayor Reid presented a proclamation to the PEDC Board and members of the Chamber
of Commerce in recognition of "Business Appreciation Week" which is scheduled for the
week of June 16-22, 1996. Susan Lenamon explained the reason for recognizing the
Pearland businesses and announced what will be done to show their appreciation next
week. Stella Roberts recognized Terrie Morgan for her work in getting this project put
together.
Mayor Reid then presented a proclamation in recognition of "Scleroderma Awareness
Month", which will take place during the month of June, to Linda Pecot, Treasurer of the
Bluebonnet Chapter of the United Scleroderma Foundation. Ms. Pecot explained the
nature and seriousness of the illness and pointed out that she was diagnosed with
Scleroderma eleven years ago and at that time, she was told she only had two years to
live. She presented the Mayor with a Bluebonnet Chapter pin.
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Mayor Reid recognized the members of Troop 404 from Brookside Village who were in
attendance.
Mayor Reid reported on his activities during the previous weeks which included the
following: Police Department Awards Ceremony on May 16th, Brazoria County Tax
Abatement Committee on May 31, Neighborhood Center Golf Tournament on June 3,
Southeast Economic Development Corporation Meeting on June 6, and the Brazoria
County Commissioners Court regarding Road District requests on June 10th.
COUNCIL ACTIVITY REPORTS
Councilmember Beckman reported that she had attended the BCCA meeting on May
15th, the DARE graduation and the Police Department Awards ceremony on May 16th,
a second DARE graduation ceremony and the Public Works Open House on May 20th,
PEDC and Park Board meetings, as well as the Tri -County Chamber luncheon on May
22nd.
Councilmember Tetens reported that he attended the BCCA meeting on May 15th and
the Police Department Awards ceremony on May 16th.
Councilmember Richardson publicly thanked members of the Pearland Electronic
Community who were in the audience which included: Susan Lenamon, Billye Everett,
Glen Erwin and Terrie Morgan. He stated that they had met last Friday, June 7th, at the
Chamber of Commerce. He also commended David Beckman, a new member of the
group, for his work on the committee.
Councilmember Wilkins reported that he had attended St. Helen's 30th Annual Bazaar on
June 9th, and had been busy working and learning his new responsibilities as a newly -
elected Councilmember. He thanked the citizens for showing their faith in him and
pledged to do the best he could to serve the citizens of Pearland.
Councilmember Cole stated that although he had not attended the Police Awards
Ceremony on May 16th, he wanted to publicly extend his congratulations to Officer Roy
Castillo for receiving the Police Officer of the Year award. He reported that he met with
some of the homeowners of the Parkview Subdivision on May 28th to listen to concerns
they have regarding things such as traffic problems. Councilmember Cole suggested that
Council look into these problems for possible solutions.
CITY MANAGER'S REPORT
City Manager Paul Grohman reported that the public is invited to sign up with the
Strategic Planning groups that are being formed. He announced that anyone wishing to
do so could contact the coordinator, Janet Berry, at City Hall. Mr. Grohman gave a brief
overview of the grant received for additional police officers. He reported that the work on
the Jamison Recreation Center is moving forward. City Manager Grohman stated that the
City has a possible excavator for the Southwest Environmental Center site which would
also provide flood relief for the residents in South Corrigan along Mary's Creek.
Mr. Grohman announced that City Engineer John Hargrove was married on Sunday, June
9th, and he and his wife have bought a home in South Corrigan.
CITIZENS:
Sammy Campo - 3106 Yost Rd. Mr. Campo addressed Council with regard to
questions he had previously requested answers to concerning Yost Road. He
again, requested answers to these same questions. Mr. Campo's main question
was "how does a citizen get an answer to what is really going on?".
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Mayor Reid explained that the agenda does not permit the Council to dialogue
back and forth with the citizens. He went on to inform the citizens of things he
had heard, priorto being elected, regarding this project. Mayor Reid further stated
that he met with people involved in this project; however, he was not able to
obtain clear answers. He did state, however, that Harris County Commissioner El
Franco Lee had ensured him that Harris County does not have the funds for this
project, but will contact the City of Pearland when and if they are able to obtain
funding.
DOCKETED PUBLIC HEARINGS: None
UNFINISHED BUSINESS: None
NEW BUSINESS:
EXCUSE ABSENCE OF COUNCILMEMBER HELEN BECKMAN FROM SPECIAL
COUNCIL MEETING HELD ON JUNE 3, 1996.
Councilmember Tetens moved that Councilmember Beckman be excused from her
absence at the June 3, 1996 Special Council Meeting. The motion was seconded by
Councilmember Richardson.
Voting "Aye" - Councilmembers Tetens, Richardson, Wilkins and Cole.
Voting "No" - None.
Motion passed 4 to 0, with Councilmember Beckman abstaining.
RATIFICATION OF CITY MANAGER'S APPOINTMENT OF ONE (1) MEMBER TO THE
CIVIL SERVICE COMMISSION.
City Manager Grohman requested that Council ratify the reappointment of Phil Cessac
for a three-year term on the Civil Service Commission. He explained that Mr. Cessac has
served one term and is eligible for another. Mr. Grohman acknowledged Mary Starr and
Barbara Bamburg, the other two Civil Service Commission members, who were both in
attendance.
Councilmember Tetens moved to ratify the City Manager's appointment of Phil Cessac
to the Civil Service Commission. The motion was seconded by Councilmember
Beckman.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens, and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
AWARD OF BID NO. B96-1 - GARDEN ROAD WATER PLANT
Councilmember Richardson moved to award Bid No. B96-1 to Mercer Construction
Company in the amount of $810,080.00. The motion was seconded by Councilmember
Tetens.
City Manager Grohman explained that Items #3 (Bid No. B96-1 and #4 (Bid No. B96-2)
were together as one was for the water plant and the other for the water lines.
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City Engineer John Hargrove recommended that Bid No. B96-1 be awarded to Mercer
Construction in the amount of $810,080.00.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins, and Cole.
Voting "No" - None.
Motion passed 5 to 0.
AWARD OF BID NO. B96-2 - BUTLER & HARKEY ROAD WATER TRANSMISSION
LINES
Councilmember Richardson moved to award Bid No. B96-2 to Mercer Construction
Company in the amount of $244,934.00. The motion was seconded by Councilmember
Tetens.
City Engineer John Hargrove recommended that Bid No. B96-2 be awarded to Mercer
Construction in the amount of $244,934.00.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens, and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
AWARD OF BID NO. B96-9 - SOFT DRINKS
City Manager Grohman stated that only one bid was received from Dr Pepper Bottling
Company. They have been the City's vendor for the past two years.
Mayor Reid read an excerpt from the Dr Pepper bid which includes supplying four
electronic scoreboards for the Centennial Park softball fields. He stated that the
agreement is for 120 months with an annual review of commissions.
Councilmember Cole moved to award Bid No. B96-9 to Dr Pepper Bottling Company for
a period of 120 months with an annual review of the commissions. The motion was
seconded by Councilmember Wilkins.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins, and Cole.
Voting "No" - None.
Motion passed 5 to 0.
AWARD OF BID NO. B96-12 - VIDEO SWITCHING UNIT
Councilmember Beckman moved to award Bid No. B96-12 to Richardson Electronics, Ltd.
in the amount of $7,050.00. The motion was seconded by Councilmember Wilkins.
Assistant Police Chief Chris Doyle presented this item for Council consideration. He
pointed out that the present switching unit has failed and the cost of repairing it is not
cost effective. The cost to replace the unit is included in the present budget.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens, and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
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RESOLUTION NO. R96-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO APPLY FOR AN EXECUTE
ALL AGREEMENTS ASSOCIATED WITH THE URBAN STREET GRANT PROGRAM TO
REPAIR COUNTRY CLUB DRIVE, INCLUDING ENLISTING THE SERVICES OF A
CONSULTING ENGINEER FOR PRELIMINARY ENGINEERING STUDIES; AND
ALLOCATING FUNDS FROM THE PROCEEDS OF THE CITY'S 1995 CERTIFICATES OF
OBLIGATION TO SHARE IN THE COST OF THE PROJECT.
Councilmember Cole moved for the adoption of Resolution No. R96-29. The motion was
seconded by Councilmember Richardson.
City Engineer John Hargrove reported that this concerns the repair of Country Club Drive.
He noted that an attempt had been made last year, but the City was unsuccessful in
obtaining the grant funds. Mr. Hargrove pointed out that the traffic count is up at 5,360
vehicles per day compared to 3,262 per day last year.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins, and Cole.
Voting "No" - None.
Motion passed 5 to 0.
RESOLUTION NO. R96-31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TOAPPLY FOR AND EXECUTE
ALL AGREEMENTS ASSOCIATED WITH THE AUTOMOBILE THEFT PREVENTION
AUTHORITY (ATPA) GRANT PROGRAM AND COMMITTING FUNDS TO SHARE IN THE
COST OF SAID PROJECT.
Councilmember Wilkins moved for the acceptance of Resolution No. R96-31. The motion
was seconded by Councilmember Cole.
Police Chief Mike Hogg pointed out that the City had previously applied for this grant, but
had not received it. He also noted that he is not optimistic about receiving it this year,
but the funds are available, so the City is making the attempt once again. Police Chief
Hogg stated that this grant is a "zero" match grant; therefore, no funds will be expended
by the City for the first two years. If we apply on the third year, then it becomes an 80/20
percent match.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
FIRST READING OF ORDINANCE NO. 730 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, VACATING, CLOSING, AND ABANDONING
CERTAIN ALLEYS LOCATED NORTH OF FM 518 AND EAST OF STATE HIGHWAY 35
NEAR THE INTERSECTION OF STATE HIGHWAY 35 AND FM 518 WITHIN THE
CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS, IN
ACCORDANCE WITH ORDINANCE NO. 559, PROVIDING FOR ADMINISTRATIVE
CHARGES TO BE PAID BY PETITIONERS; HAVING A SAVINGS CLAUSE AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Richardson moved for the adoption of Ordinance No. 730 on its first
reading. The motion was seconded by Councilmember Cole.
Assistant City Manager Richard Burdine stated that this item was discussed in full during
the 7:00 p.m. public hearing. He reiterated that the actual use of the property will allow
utilities to continue to be used. Mr. Burdine also noted that this move should improve
access. He reviewed the area in question once more for the Mayor and Council. City
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Attorney Amy McCullough stated that the property owners will be executing the easement
prior to the next Council meeting, at which time this ordinance will have its second
reading.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins, and Cole.
Voting "No" - None.
Motion passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-73 - 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
1.90 ACRES OF LAND SITUATED IN LOTS ONE AND TWO, BLOCK THREE, SKYWAY
MANOR SUBDIVISION, BEING A SUBDIVISION OF 68.24 ACRES OUT OF THE WEST
HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 15, H.T. & B.R.R. CO.
SURVEY, ABSTRACT 241, BRAZORIA COUNTY, TEXAS (14706 PIPER ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-1) AT THE REQUEST OF BILLY DON PIERSON, AGENT FOR
FIRST ASSEMBLY OF GOD OF PEARLAND, OWNER; PROVIDING FORAN 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 Tetens moved for the adoption of Ordinance No. 509-73 on its first of two
readings. The motion was seconded by Councilmember Wilkins.
Mayor Reid read a letter of recommendation from the Planning & Zoning Commission
regarding Application No. 63 (Ordinance No. 509-73).
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-74 - 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 GRANTING A SPECIFIC USE PERMIT TO ALLOW FOR A CHURCH TO BE BUILT IN
A SINGLE FAMILY DWELLING DISTRICT (R-1) ON 1.90 ACRES OF LAND SITUATED IN
LOTS ONE AND TWO, BLOCK THREE, SKYWAY MANOR SUBDIVISION, BEING A
SUBDIVISION OF 68.24 ACRES OUT OF THE WEST HALF OF THE NORTHWEST ONE-
QUARTER OF SECTION 15, H.T. & B.R.R. CO. SURVEY, ABSTRACT 241, BRAZORIA
COUNTY, TEXAS (14706 PIPER ROAD) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE
REQUEST OF BILLY DON PIERSON, AGENT FOR FIRST ASSEMBLY OF GOD OF
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 Beckman moved for the adoption of Ordinance No. 509-74 on its first
reading. The motion was seconded by Councilmember Richardson.
Mayor Reid read a letter of recommendation from the Planning & Zoning Commission
supporting Specific Use Permit No. 41 (Ordinance No. 509-74).
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins, and Cole.
Voting "No" - None.
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Motion passed 5 to 0.
FIRST READING OF ORDINANCE NO. 450-19 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 450 AS
THE SAME MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, FOR THE PURPOSE
OF ESTABLISHING AND REESTABLISHING CLASSIFICATIONS AND NUMBER OF
AUTHORIZED POSITIONS IN THE CLASSIFIED SERVICE OF THE CITY OF PEARLAND,
PURSUANT TO SECTION 143.021 OF THE LOCAL GOVERNMENT CODE OF THE STATE
OF TEXAS; PROVIDING A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A REPEALER
CLAUSE, AN EFFECTIVE DATE, AND CONTAINING OTHER PROVISIONS RELATING TO
THE SUBJECT.
Councilmember Cole moved for the adoption of Ordinance No. 450-19 on its first reading.
The motion was seconded by Councilmember Richardson.
Police Chief Mike Hogg reviewed a brochure provided to the Mayor and Council
regarding this item. He noted that a total of seven (7) positions are being requested.
The first five are for the grant being submitted, and the other two are for the School
Resource Officer (SRO). Police Chief Hogg reported that the City had received 350
applications for the proposed positions. He spoke highly of the SRO program stating that
the calls for service dropped drastically at both of the junior high schools during the first
year. Chief Hogg also noted that suspensions had dropped tremendously at both of the
junior highs. He pointed out that the school district is discussing this at the present time,
and although they have not approved it as yet, everything looks positive. What this plan
will accomplish will be to place an SRO at the East campus, one at the West campus and
one at the high school.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
RESOLUTION NO. R96-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A TAX
ABATEMENT AGREEMENT WITH MTI ACQUISITION CORP. ("MTI") FOR PURPOSES OF
ABATING THE INCREASED VALUE OF THE PROPERTY OWNED BY MTI ON MYKAWA
ROAD WITHIN THE CITY LIMITS OF PEARLAND AT A RATE OF FIFTY PERCENT (50%)
ANNUALLY FOR A PERIOD OF SEVEN (7) YEARS BEGINNING JANUARY 1, 1997, AND
ENDING DECEMBER 31, 2003; FINDING AND DETERMINING THAT TERMS OF SAID
AGREEMENT AND PROPERTY SUBJECT TO THE AGREEMENT MEET THE
REQUIREMENTS OF CHAPTER 312 OF THE TAX CODE, V.A.T.S. AS AMENDED,
ORDINANCE NO. 728, WHICH ESTABLISHED A REINVESTMENT ZONE, AND THE
GUIDELINES AND CRITERIA FOR GOVERNING REINVESTMENT ZONES AND TAX
ABATEMENT AGREEMENTS SET FORTH IN RESOLUTION NO. R96-12.
Councilmember Wilkins moved for the acceptance of Resolution No. R96-33. The motion
was seconded by Councilmember Tetens.
City Attorney Amy McCullough stated that MTI plans to construct improvements on their
site in the amount of $2,500,000, which they hope to have completed by September 1,
1996. She provided clarification that at the end of seven years, MTI will revert back to
paying full taxes. Ms. McCullough pointed out that the contract provides for City
personnel to go onto the property during the construction phase and after construction
is completed in order to ensure that the records are in compliance. City Manager
Grohman stated that PEDC staff will be making regular site visits to MTI and would most
likely be the persons assigned to review the records.
Discussion followed regarding the taxable value of the inventory, which was noted would
most likely be as much as the property itself. It was also noted that MTI has applied for
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a tax abatement from Brazoria County, which is now in the processing phase. There will
be no tax abatement from the Pearland Independent School District.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole.
Voting "No" - None.
Motion passed 5 to 0.
APPROVAL AND/OR ENDORSEMENT OF PEARLAND 20/20: FOCUS ON OUR
FUTURE GOALS AND PROJECT CONCEPTS.
Strategic Planning Coordinator Janet Berry pointed out the highlights of the project and
recommended Council approval of the project concept. Ms. Berry announced that on
June 13, 1996, at 6:30 p.m., a general information meeting will be held at the Melvin
Knapp Building for those citizens interested in signing up to take part in this process.
Questions ensued regarding the prioritization process. Ms. Berry explained that the
number of projects were cut from 24 to the present 12 that are being undertaken. She
further explained that when the current 12 projects are progressing, then they will bring
back the other 12 projects and any others which may have come up in the interim, and
they will be reviewed. Ms. Berry announced that residents of Brookside Village, as well
as those residing within the limits of Pearland's ETJ are eligible to participate in the
strategic planning groups and encouraged anyone who is interested to contact her.
Monthly meetings will be held with the project teamleaders to obtain feedback which will
then be provided to the Council.
Councilmember Richardson moved to approve the project concept. The motion was
seconded by Councilmember Beckman.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.071 - CONSULTATION WITH ATTORNEY REGARDING PENDING
LITIGATION - DISCUSSION OF WOODWARD LAWSUIT
SECTION 551.072 - REAL PROPERTY - DISCUSSION REGARDING ACQUISITION OF
PARCELS FOR CENTENNIAL BOULEVARD
Council recessed to Executive Session at 9:40 p.m.
Council returned to Open Session at 11:38 p.m.
NEW BUSINESS (CONTINUED):
INSTRUCTION TO THE CITY ATTORNEY REGARDING WOODWARD LITIGATION
Councilmember Cole moved to authorize legal counsel to research the oil and gas issue
and proceed with settlement negotiations depending upon the results of this research.
The motion was seconded by Councilmember Richardson.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman.
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Voting "No" - None
Motion passed 5 to 0.
DIRECTION TO CITY STAFF REGARDING ACQUISITION OF PARCELS FOR
CENTENNIAL BOULEVARD
Councilmember Beckman made a motion to instruct the staff to proceed with acquisition
of real property for Centennial Boulevard and Oiler Road in accordance with the
Condemnation Ordinance No. 726. The motion was seconded by Councilmember
Richardson.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole.
Voting "No" - None
Motion passed 5 to 0.
ADJOURNMENT
Meeting was adjourned at 11:43 p.m.
Minutes approved as submitted
A. D., 1996.
ATTEST:
and/or corrected this the ;L7T day of
Tom Reid
Mayor