1998-06-08 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON JUNE 8, 1998, 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
Larry Wilkins
Councilmember
Helen Beckman
Councilmember
Richard Tetens
Councilmember
William Berger
Councilmember
Klaus Seeger
City Manager
Paul Grohman
Interim City Attorney
Darrin Coker
City Secretary
Young Lorfing
Others in attendance: Project Coordinator Alan Mueller; Police Chief Mike Hogg; Assistant
City Engineer Andrew Gallagher; Grants Director Janet Berry; Planning and Community
Development Director Dennis Smith;' Director of Finance David Castillo; Public Works
Director Jerry Burns; Emergency Management Director David Smith; and Project Specialist
Ruby Perez.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Police Chief Mike Hogg and the Pledge of Allegiance was led
by Councilmember Tetens.
APPROVAL OF MINUTES
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins to approve
the minutes of the Minutes of the May 7, 1998, Special Council Meeting held at 7:00 p.m.,
the Minutes of the May 11, 1998, Regular Council Meeting held at 7:00 p.m., and the
Minutes of the May 11, 1998, Regular Council Meeting held at 7:30 p.m.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
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MAYOR'S ACTIVITY REPORT:
161
Mayor Reid presented a proclamation to Emergency Management Director David Smith
proclaiming June 1, 1998, through November 1, 1998, as "National Hurricane Awareness
Season".
Emergency Management Director David Smith thanked the Mayor and Council for the
proclamation. Mr. Smith urged all families to have a hurricane plan. He further stated that
it is not if we are going to have a hurricane, but when we are going to have one.
Mayor Reid reported that he was present at the dedication of the Methodist Church's
historical marker which is the third historical marker in the City. The Methodist Church is
celebrating 100 years in Pearland. Mayor Reid further stated that the Pearland Historical
Society is working on getting more historical markers for the City.
COUNCIL'S ACTIVITY REPORTS:
Councilmember Beckman reported that she enjoyed the DARE graduation. She stated that
this is the first graduation at Sablatura Middle School.
Councilmember Tetens stated that he did not have anything to report at this time.
Mayor Pro -Tem Wilkins stated that the Pearland Lions Club donated a check for $4,000
to Officer Anderson for school programs.
Councilmember Berger reminded everyone that the Parks & Recreation Department's first
summer outdoor concert will be held on Tuesday, June 9, featuring Cadillac Brass.
Councilmember Seeger reported that he attended Project Graduation and was dunked
twenty one times in the dunking booth and had a great time and enjoyed being with the
graduating seniors.
CITY MANAGER'S REPORT:
City Manager Grohman stated that he echoed the same regarding the DARE graduation.
He further stated that part of the funds donated by the Lions Club was used to buy T-shirts
for the DARE graduates. Mr. Grohman also urged everyone to attend the summer outdoor
concert on Tuesday. He further reported that the Emergency Services Training Tower was
dedicated on Saturday. Mr. Grohman said that the Volunteer Fire Department paid
$232,000 of their money that they have collected through donations over the last fifteen
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years. The City paid around $50,000 toward the project for utilities, parking, and some
other incidentals. He also reported that the contractor is on site where the overpass that
is going to be constructed north of WalMart.
CITIZEN'S:
David Miller, 2706 Shady Creek, addressed Council and stated that he has lived in
Pearland since 1982 and been in business here since 1979. Mr. Miller stated that he has
concerns regarding the Special Council Meeting held on Wednesday, June 3, 1998, held
at 7:00 p.m. He stated he was concerned with how the agenda was written. He said the
meeting was adjourned before all business on the agenda was considered by Council and
action was taken. He further asked Council to be careful regarding any violations to the
Open Meetings Act.
DOCKETED PUBLIC HEARINGS: None
UNFINISHED BUSINESS:
SECOND AND FINAL READING OF ORDINANCE NO. 835 -AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CREATING A NEW CHAPTER
7'/Z, ENTITLED "CORRIDOR OVERLAY DISTRICT", OF THE CODE OF ORDINANCES
OF THE CITY OF PEARLAND, TEXAS, CREATING A "CORRIDOR OVERLAY DISTRICT"
REGULATING THE USE OF LAND AND BUILDINGS WITHIN THREE HUNDRED FEET
(300) ON EITHER SIDE OF THE STREET RIGHT-OF-WAY ALONG PEARLAND
PARKWAY AND OILER DRIVE; CONTAINING DEFINITIONS; PROVIDING A PENALTY
FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND
A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION, AND AN
EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATING TO THE
SUBJECT.
Councilmember Beckman made the motion, seconded by Councilmember Tetens to
approve Ordinance No. 835 on its second and final reading.
City Manager Grohman stated that Council requested a pallette of building colors at the
last meeting. He passed around the recommended pallette of colors to all
Councilmembers. There was further discussion regarding the colors. City Manager
Grohman stated that the colors could be amended at a later time.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
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Voting "No" None.
Motion Passed 5to 0.
NEW BUSINESS:
RESOLUTION NO. R98-42 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO
ISSUE CERTIFICATES OF OBLIGATION IN A PRINCIPAL AMOUNT NOT TO EXCEED
$17,500,000 FOR THE ACQUISITION, CONSTRUCTION, AND IMPROVEMENT OF
CERTAIN PUBLIC WORKS, AND AUTHORIZING CERTAIN OTHER MATTERS
RELATING THERETO.
Councilmember Tetens made the motion, seconded by Councilmember Beckman to
approve Resolution No. R9842.
City Manager Grohman stated that there has been various actions regarding this matter
over the last twelve to thirteen months. The bond counsel and financial advisors will
address Council regarding the intent to issue certificates of obligation.
Finical Adviser Frank Iledebrando with Dane Rausher Inc. addressed Council and stated
that the issuance of the certificates of obligation would be for several wastewater treatment
facilities. He stated that there is over a 100 million federal dollars in the revolving fund. He
estimated the sale of the bonds to be at 3.5%. In today's market, not through the Texas
Water Development Board, the market would be 5.25% to 5.50%. The Texas Water
Development Board has approved the funding. He further explained the procedure for
selling the certificates of obligation. The final approval will be at the Special Meeting to be
held on June 29, 1998.
Bond Counsel Rick Witte with Mayor, Day, and Caldwell addressed Council and explained
the various documents that will be used to sell the certificates of obligation.
Councilmember Berger asked if we are needing $17.1 million why are we asking for $17.5
million. Mr. Iledebrando responded and stated that the additional requested amount is a
"safety valve" so that if any additional funding is needed the City will not incur the
additional cost of issuing additional certificates of obligation.
Mayor Reid stated that it is a wise thing to do.
Mr. ILEDEBRANDO stated that after it is approved by the Attorney General's Office the
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City should have the funds in thirty days.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R98-41 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ENCOURAGING AND SUPPORTING
THE PEARLAND/HOBBY AREA CHAMBER OF COMMERCE INFRASTRUCTURE
COMMITTEE'S LIST OF TRANSPORTATION PRIORITY PROJECTS FOR THE
PEARLAND AREA.
Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens to approve
Resolution No. R98-41.
Chamber Infrastructure Committee Member John Bowman gave a presentation to Council
regarding transportation priority projects for the Pearland area and an overview of the
projects.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R98-39 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO SUBMIT THREE GRANT PROPOSALS TO THE HOUSTON-
GALVESTON AREA COUNCIL FOR SOLID WASTE MANAGEMENT GRANTS AND
EXECUTE ALL AGREEMENTS ASSOCIATED WITH APPLICATIONS.
Councilmember Berger made the motion, seconded by Councilmember Tetens to approve
Resolution No. R98-39.
Grants Director Janet Berry addressed Council and stated that this is for two grants. The
first is continuing the solid waste control program. It is the second year funding for $27,000
which is 80% of the salaries and benefits. The second request is for a pilot program for
curbside recycling of yard waste and would be approximately $25,000.
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Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R98-40 - 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 U. S. DEPARTMENT OF
JUSTICE UNDER THE COPS MAKING OFFICER REDEPLOYMENT EFFECTIVE
PROGRAM FOR EQUIPMENT TO ENHANCE THE COMMUNITY POLICING PROGRAM
IN PEARLAND.
Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Wilkins to
approve Resolution No. R98-40.
Grants Director Janet Berry addressed Council and stated that this grant is for
approximately $121,500 to purchase mobile data terminals for the police department. This
will give the police officers and detectives the capability of taking reports in the field, giving
the officers more time in the field. The units are portable and could be moved from car to
car. The City's match will be approximately $40,500.
City Manager Grohman stated that this amount will be requested in the fiscal year 1998-
99 budget.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - COUNCIL ACCEPTANCE OF RAVENWOOD ESTATE SECTION
1 SUBDIVISION.
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Wilkins to accept
Ravenwood Estate Section 1 Subdivision.
Assistant City Engineer Andrew Gallagher addressed Council and gave an overview of the
new subdivision stating that it is a larger lot subdivision. It is approximately 41.3 acres
divided into 38 lots just over or under an acre.
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Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 844 -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 LONGWOOD DRIVE
IN A SOUTHWESTERLY DIRECTION AT ITS INTERSECTION WITH LONG VIEW
DRIVE, UPON LONGWOOD DRIVE IN A NORTHEASTERLY DIRECTION AT ITS
INTERSECTION WITH LONG VIEW DRIVE (LONGWOOD PARK, SECTION 1);
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 Tetens made the motion, seconded by Mayor -Pro Wilkins to approve
Ordinance No. 844 on its first and only reading.
City Manager Grohman stated that this is a blind intersection and the citizens have
requested the stop signs. He further stated that it does meet the traffic criteria requirements
and recommended its approval.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 847 -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 RAVENWOOD COURT
IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH RAVENWOOD DRIVE,
UPON RAVENCREST COURT IN A NORTHERLY DIRECTION AT ITS INTERSECTION
WITH RAVENWOOD DRIVE, UPON RAVENWOOD DRIVE IN AN EASTERLY
DIRECTION AT ITS INTERSECTION WITH HARKEY ROAD (RAVENWOOD ESTATES,
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167
SECTION 9); PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS
r-- 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.
Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens to approve
Ordinance No. 847 on its first and only reading.
City Manager Grohman stated that these are traffic control devices that are needed for the
newly accepted Ravenwood Subdivision.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 848 -AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, RECOGNIZING LYNN STREET,
CUNNINGHAM STREET, AND HALBERT STREET IN WILLOWCREST SUBDIVISION,
SECTION 5, AND FRANCIS STREET IN WILLOWCREST SUBDIVISION, SECTION 4,
AS BEING LOCATED WITHIN THE CITY; RENAMING LYNN STREET TO LYNN DRIVE,
CUNNINGHAM STREET TO CUNNINGHAM DRIVE, AND HALBERT STREET TO
HALBERT DRIVE IN SAID SECTION 5 AND FRANCIS STREET TO FRANCIS DRIVE IN
SAID SECTION 4; AND ESTABLISHING A SPEED LIMIT ON SAID DRIVES AT 30 MILES
PER HOUR; 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 FOR SPEED LIMIT SIGNS IN THIS AREA
INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE, BEARS
DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY.
Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins to approve
Ordinance No. 848 on its first and only reading.
City Manager Grohman stated that twenty to thirty plus years ago these streets were not
plated correctly, confusing mail delivery, mapping, and others. Some of them are "Streets"
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and the others are "Drives". Mr. Grohman recommended its approval so the street names
°� can# consistent.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session under Texas Government Code at 8:50 p.m. to
discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 - CONSULTATION WITH INTERIM CITY
ATTORNEY REGARDING POTENTIAL LITIGATION INVOLVING
CARLTON SUITER.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 9:10 p.m.
COUNCIL ACTION - INSTRUCTION TO INTERIM CITY ATTORNEY REGARDING
PENDING LITIGATION INVOLVING CARLTON SUITER.
Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins instructing
the Interim City Attorney regarding pending litigation involving Carlton Suiter as discussed
in executive session.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
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OTHER BUSINESS:
ADJOURNMENT
Meeting was adjourned at 9:13 p.m.
Minutes approved as submitted and/or corrected this the _ day of
ATTEST:
A.D., 1998.
Tom Reid
Mayor
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