1996-08-12 CITY COUNCIL REGULAR MEETING MINUTES43
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON AUGUST 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 Jerry Richardson
Councilmember Helen Beckman
Councilmember Richard Tetens
Councilmember Larry Wilkins
Councilmember Kevin Cole
City Manager Paul Grohman
r-- City Secretary Yolanda C. Benitez
Others in attendance: Assistant City Manager Richard Burdine; City Engineer John
Hargrove; Parks & Recreation Director Ed Hersh; Assistant Police Chief Chris Doyle; and
Emergency Management Coordinator David Smith.
Absent: City Attorney Amy McCullough and Assistant City Manager Glen Erwin.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Reverend Barnett and the Pledge of Allegiance was led by
PEDC Boardmember Bill Berger.
APPROVAL OF MINUTES
Councilmember Richardson moved that the minutes of the Joint Public Hearing held on
July 22, 1996, 7:00 p.m. be approved as presented. The motion was seconded by
Councilmember Cole.
Motion passed 4 to 0, with Councilmember Tetens abstaining as he was absent from the
hearing.
4 ,4
Councilmember Richardson moved that the minutes of the Regular Meeting held on July
22, 1996, 7:30 p.m., be accepted as presented. Councilmember Wilkins seconded the
motion.
Motion passed 4 to 0, with Councilmember Tetens abstaining as he was absent from that
meeting.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported on his activities during the past two weeks as follows: AMCC annual
meeting in Odessa July 25-27; Southeast Economic Development Board meeting on
August 1 st; PEDC Board meeting on August 5th; Press Conference to announce Kemlon,
AARP meeting, and several National Night Out activities on August 6th; and the American
Heart Association luncheon on August 8th.
COUNCIL ACTIVITY REPORTS
Councilmember Cole reported that he attended the PISD new teacher orientation on
August 8th, and he stated that there are 9,000 students enrolled for this school year.
Councilmember Cole offered his congratulations to the Pearland Little League for wining
the state championship. He provided an update on the team's status.
Councilmember Wilkins reported that he attended the Lions Club meeting and the
Kemlon Press Conference on August 6th. He also mentioned that he has had several
calls from citizens regarding enforcement of the sign ordinance which he plans to look
into in the near future.
Councilmember Richardson reported that he also attended the AMCC conference in
Odessa from July 24-27; the PEDC luncheon with the PISD on August 2nd; and the Press
Conference on Kemlon on August 6th.
Councilmember Tetens reported that he had spent two weeks in the mountains of New
Mexico on vacation.
Councilmember Beckman reported that she attended the ARC awards ceremony on July
24th; toured several neighborhoods with Officer Pam Anderson during the National Night
Out activities on August 6th; the Kemlon Press Conference on August 6th; and the PISD
new teacher orientation on August 8th. She commended the ARC (Association of
Retarded Citizens) as being one of the City's most outstanding organizations and noted
some of the activities which they sponsor for their members.
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CITY MANAGER'S REPORT
City Manager Paul Grohman reported that the "National Night Out" had been very
successful. He announced that City Attorney Amy McCullough's father passed away
yesterday, August 11th, and that Assistant City Manager Glen Erwin's father is very ill,
which accounted for the absences of both staffmembers from the Council meeting.
City Manager Grohman announced that Parks & Recreation Director Ed Hersh was
recently named as the Outstanding Alumni for his Alma mater, Eisenhower College.
Mr. Grohman pointed out some of the reasons that the Kemlon corporation is moving to
the City of Pearland, one of the main reasons being the City's quality school system.
Councilmember Richardson commended PEDC Boardmember Bill Berger for his
assistance in bringing Kemlon to the City of Pearland.
CITIZENS:
1. Jerry Beetz - 200 Pecan, Suite 404, League City, TX 77573. Mr. Beetz addressed
Council with regard to the letter he sent them on August 5, 1996 (which he read
into the record) concerning his property located at 2423 S. Texas Avenue in
Pearland and the possibility of the extension of Sacramento Street. He noted that
r— this would assist him in developing this area for multi -family units. Mr. Beetz
inquired about the status of his request, and Mayor Reid replied that this is still
being checked into. City Manager Grohman remarked that this is still being
researched.
DOCKETED PUBLIC HEARINGS: Budget for FY 1996-97
City Manager Paul Grohman made a presentation to the Council and the public
concerning the proposed budget for FY 1996-97. Mr. Grohman pointed out that the
proposed property tax rate is 69.5%, which is the same as the previous fiscal year.
Councilmember Richardson inquired about the feasibility of having a GIS demonstration
from City Engineer John Hargrove. Mr. Hargrove will look into this.
City Manager Grohman explained the budget process and the Council's role in the
process.
UNFINISHED BUSINESS:
SECOND READING OF ORDINANCE NO. 509-76 - AN ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITYOF PEARLAND, TEXAS, FOR THE PURPOSE
4F
OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED ON
9.022 ACRES OF LAND, OUT OF LOT 27 OF THE ALLISON-RICHEY GULF COAST HOME
COMPANY'S SUBDIVISION OF SECTION NO. 21, H.T.&B.R.R. CO. SURVEY, ABSTRACT
NO. 309, ACCORDING TO A MAP OR PLAT OF SAID SUBDIVISION RECORDED IN
BOOK 2, PAGES 23 AND 24 OF THE MAP OR PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS, SAID TRACT OF LAND BEING THE REMAINDER OF LOT 27 AFTER A 0.978
ACRE TRACT OF LAND WAS CONVEYED TO THE STATE OF TEXAS, AS RECORDED
IN VOLUME 1552, PAGE 997 OF THE BRAZORIA COUNTY DEED RECORDS FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS
DISTRICT (GB) AT THE REQUEST OF AGNES M. VIADA, 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 approval of Ordinance No. 509-76 on its second and
final reading. The motion was seconded by Councilmember Richardson.
Mayor Reid read a letter of recommendation from the Planning & Zoning Commission
concerning Ordinance No. 509-76.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
SECOND READING OF ORDINANCE NO. 509-77 - AN ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITYOF PEARLAND, TEXAS, FOR THE PURPOSE
OF GRANTING A SPECIFIC USE PERMIT TO ALLOW FOR AN EXISTING SINGLE FAMILY
DWELLING LOCATED IN A GENERAL BUSINESS DISTRICT ON 9.022 ACRES OF LAND,
OUT OF LOT 27 OF THE ALLISON-RICHEY GULF COAST HOME COMPANY'S
SUBDIVISION OF SECTION NO. 21, H.T.&B.R.R. CO. SURVEY, ABSTRACT NO. 309,
ACCORDING TO A MAP OR PLAT OF SAID SUBDIVISION RECORDED IN BOOK 2,
PAGES 23 AND 24 OF THE MAP OR PLAT RECORDS OF BRAZORIA COUNTY, TEXAS,
SAID TRACT OF LAND BEING THE REMAINDER OF LOT 27 AFTER A 0.978 ACRE
TRACT OF LAND WAS CONVEYED TO THE STATE OF TEXAS, AS RECORDED IN
VOLUME 1552, PAGE 997 OF THE BRAZORIA COUNTY DEED RECORDS (2718 OLD
CHOCOLATE BAYOU ROAD) AT THE REQUEST OF AGNES M. VIADA, 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 Wilkins moved forthe acceptance of Ordinance No. 509-77 on its second
and final reading. The motion was seconded by Councilmember Richardson.
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Mayor Reid read the letter of recommendation from the Planning & Zoning Commission
on Ordinance No. 509-77.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole.
Voting "No" - None.
Motion passed 5 to 0.
FIRST READING OF ORDINANCE NO. 735 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, TO REGULATE SEXUALLY ORIENTED
BUSINESSES TO PROMOTE THE HEALTH, SAFETY, MORALS, AND GENERAL
WELFARE OF THE CITIZENS OF THE CITY, AND TO ESTABLISH REASONABLE AND
UNIFORM REGULATIONS TO PREVENT THE CONCENTRATION OF SEXUALLY
ORIENTED BUSINESSES WITHIN THE CITY; PROVIDING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING A PENALTY FOR
VIOLATION; PROVIDING FOR PUBLICATION, CODIFICATION AND AN EFFECTIVEDATE.
Councilmember Richardson moved for the adoption of Ordinance No. 735 on its first
reading. The motion was seconded by Councilmember Tetens.
Mayor Reid explained that changes had been made on this ordinance which constituted
bringing this item back for first reading. City Manager Grohman pointed out the
changes which City Attorney McCullough had made, more specifically, that this ordinance
does not pertain to massage therapists/licensed masseuses. Councilmember Larry
Wilkins commended the City Attorney for the work she did on rewriting this ordinance.
Mayor Reid read the specific changes made on the ordinance for the record.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
SECOND READING OF ORDINANCE NO. 736 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 27,
SUBDIVISIONS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, FOR THE
PURPOSE OF ELIMINATING REQUIRED APPROVAL BY BRAZORIA DRAINAGE DISTRICT
NO. 4 (FORMERLY KNOWN AS BRAZORIA COUNTY DRAINAGE DISTRICT NO. 4) AND
HARRIS COUNTY FLOOD CONTROL DISTRICT, OF PRELIMINARY AND FINAL PLATS
OF SUBDIVISIONS AND DEVELOPMENTS WITHIN THE CITY PRIOR TO SUBMISSION
OF SAID PLATS TO THE CITY FOR THE CITY'S APPROVAL AND ACCEPTANCE AND
•—, BRAZORIA DRAINAGE DISTRICT NO. 4'S PARTICIPATION IN DETERMINING THE
LOCATION AND WIDTH OF EASEMENTS; HAVING A SAVINGS CLAUSE, A REPEALER
CLAUSE, A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION
AND AN EFFECTIVE DATE.
Councilmember Tetens moved for the approval of Ordinance No. 736 on its second and
final reading. The motion was seconded by Councilmember Richardson.
A lengthy discussion followed with comments by Mayor Reid and City Manager Grohman
regarding the reasons behind this change, some of which included the lack of a City
Engineer which the City of Pearland now has, along with a Civil Engineer, as well.
Councilmember Tetens asked the following questions: 1) Does this mean that the City is
taking over the total drainage within the City except for creeks and tributaries? City
Manager Grohman explained that the City was already responsible for these areas prior
to taking this action. 2) Will the plats for new subdivisions go to the Drainage District for
any type of approval? City Manager Grohman stated that the District will not be involved
in the City's platting process. 3) Who is responsible for platting of new subdivisions in
the ETJ? Mr. Grohman stated that the ETJ plats will be handled through the City's
platting procedure. City Engineer John Hargrove stated that subdivision regulations will
have to be complied with. 4) Who will handle subdivisions that are partially in the County
and partially in the City? City Engineer John Hargrove stated that the subdivision
ordinance would be administered whether the subdivision is in the County or the City, as
long as it is within the ETJ or City limits. 5) Does the City have available staff capable of
evaluating storm drainage designs such as Dixie Farm, etc.? City Manager Grohman
stated that the City does have the staff, but we prefer to contract it out with John
Hargrove providing oversight. 6) Do these people have the time to evaluate and handle
these added duties? City Manager Grohman stated that we might get by with the same
time or less than what is spent now on these activities. 7) Is this additional help that the
City is going to get covered in the proposed budget? Mr. Grohman stated that the
proposed budget covers the added expenses.
Councilmember Cole explained that they (the City Council) were attempting to be more
accountable for the City instead of holding the Drainage District accountable.
Councilmember Richardson commended Mayor Reid and David Smith for their efforts in
promoting regional detention.
Councilmember Wilkins explained that he had voted "against" this ordinance at the
previous meeting primarily because he did not have enough information. He has
obtained the necessary information and stated he would be changing his vote.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole.
Voting "No" - None.
Motion passed 5 to 0.
MOTION TO REMOVE FROM TABLE - ACCEPTANCE OF CERTIFICATION OF
ANTICIPATED DEBT COLLECTION RATE FOR 1996 AND CERTIFICATION OF EXCESS
DEBT COLLECTIONS FOR 1995. 1
Councilmember Beckman made a motion to remove this item from the table. The motion
was seconded by Councilmember Wilkins.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
ACCEPTANCE OF CERTIFICATION OFANTICIPATED DEBTCOLLECTION RATE FOR
1996 AND CERTIFICATION OF EXCESS DEBT COLLECTIONS FOR 1995.
Councilmember Beckman moved for the acceptance of the Certification of Anticipated
Debt Collection Rate for 1996 and the Certification of Excess Debt Collections for 1995.
The motion was seconded by Councilmember Cole.
City Manager Grohman stated that the Anticipated Debt Collection Rate for 1996 is 100%
and the Excess Debt Collections for 1995 is 0. He commended Jo Knight on the great
job that she does and asked everyone to express their appreciation to her when the
opportunity arises.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole.
Voting "No" - None.
Motion passed 5 to 0.
NEW BUSINESS:
EXCUSE ABSENCE OF COUNCILMEMBER RICHARD TETENS FROM THE JOINT
PUBLIC HEARING AND REGULAR MEETING HELD ON JULY 22, 1996.
Councilmember Beckman moved to excuse the absence of Councilmember Richard
Tetens from the Joint Public Hearing and the regular Council meeting held on July 22,
1996. The motion was seconded by Councilmember Richardson.
Voting "Aye" - Councilmembers Beckman, Richardson, Wilkins and Cole.
Voting "No" - None.
Motion passed 4 to 0.
FIRST READING OF ORDINANCE NO. 509-78 - AN ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN
5
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE
OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED ON
LOT 8, CONTAINING 2.50 ACRES, OUT OF THE T.P. MAHANAY 80 -ACRE TRACT, BEING
THE EAST'/2 OF THE NORTHWEST'/4 OF SECTION 15, H.T.&B.R.R. CO. SURVEY, A-
241, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP RECORDED IN VOLUME
441, PAGE 265, OF THE BRAZORIA COUNTY DEED RECORDS (6910 BROADWAY)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL
DISTRICT (C) AT THE REQUEST OF SWANELLE SPRADLEY, AGENT FOR TED K.
SPRADLEY, 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. 509-78 on first reading.
The motion was seconded by Councilmember Richardson.
Mayor Reid read the letter of recommendation from the Planning & Zoning Commission
in regard to Ordinance No. 509-78.
Councilmember Wilkins inquired with regard to the difference between the first zone
application which the Spradley's had filed (which was denied) and this zone application.
Assistant City Manager Richard Burdine explained that this was a smaller portion of the
property and is to be used for a landscaping supply business.
Councilmember Cole asked what the City's recourse would be if this business were to
leave a few years from now, and the owners would start a salvage yard instead as they
originally intended to do so. Assistant City Manager Richard Burdine stated that the
penalty is up to $500 per day for each occurrence and the City could file daily. He also
noted that a Certificate of Occupancy would need to be filed for the property for whatever
use it is intended for.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
RESOLUTION NO. R96-43 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER
INTO A CONTRACT OF EMPLOYMENT WITH FORENSIC SCIENCE SERVICES TO
FURNISH THE PEARLAND POLICE DEPARTMENT WITH AN INTOXILIZER, ESTABLISH
A CHEMICAL BREATH TESTING PROGRAM, AND PROVIDE TECHNICAL SUPERVISION,
MAINTENANCE, AND EXPERTISE FOR SAID PROGRAM.
Councilmember Wilkins made a motion for the acceptance of Resolution No. R96-43. The
motion was seconded by Councilmember Richardson.
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City Manager Grohman explained the process that this will entail. He noted that this will
eliminate having to go to the City of Alvin or the City of Webster, and will allow for onsite
testing.
Assistant Police Chief Chris Doyle pointed out that approximately 3/4 of the DWIIIs that are
processed through the Pearland Police Department are non-residents.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole.
Voting "No" - None.
Motion passed 5 to 0.
RESOLUTION NO. R96-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT
WITH THE STATE OF TEXAS, FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE,
USE, OPERATION AND MAINTENANCE OF HIGHWAY TRAFFIC SIGNALS/ILLUMINATION
UPON FM 518 AT McLEAN STREET AND UPON McLEAN STREET AT WALNUT.
Councilmember Richardson moved for the adoption of Resolution No. R96-44. The
motion was seconded by Councilmember Cole.
City Manager Grohman explained that this project entails the installation, operation and
maintenance of a dual signal at the FM 518, Walnut and McLean Street intersection,
which will be handled by the State.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
FIRSTAND ONLY READING OF ORDINANCE NO. 739 -AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING PUBLIC CONVENIENCE
AND NECESSITY FOR A PUBLIC WORKS PROJECT, KNOWN AS HATFIELD ROAD
SANITARY SEWER LINE AND LIFT STATION WITH ASSOCIATED IMPROVEMENTS;
AUTHORIZING THE CITYATTORNEY, OR HER DESIGNEE, AND OTHER CITYOFFICIALS
TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE EASEMENTS ON
PROPERTY LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE
EXERCISE OF THE POWER OF EMINENT DOMAIN; DECLARING AN EMERGENCY AS
THE PROVISION OF SANITARY SEWERS AND LIFT STATIONS BEARS DIRECTLY UPON
,r THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN
EFFECTIVE DATE.
WA
Councilmember Tetens moved that Ordinance No. 739 be passed on its first and only
reading. The motion was seconded by Councilmember Beckman.
Assistant City Manager Richard Burdine commented that there are a number of trees
along Hatfield and the plans include boring under those trees to protect them.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole.
Voting "No" - None.
Motion passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 740 -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 TOWER BRIDGE ROAD
IN A NORTHEASTERLY DIRECTION AT ITS INTERSECTION WITH WESTMINISTER ROAD
AND UPON DAWN IN A SOUTHEASTERLY DIRECTION AT ITS INTERSECTION WITH
TOWER BRIDGE ROAD; 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 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. 740 on its first and
only reading. The motion was seconded by Councilmember Richardson.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
FIRST READING OF ORDINANCE NO. 741 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 27, SUBDIVISIONS, OF
THE CITY OF PEARLAND CODE OF ORDINANCES, FOR THE PURPOSE OF REQUIRING
DEVELOPERS OF PROPOSED PROJECTS TO SUBMIT, FOR APPROVAL OF THE CITY
ENGINEER OR HIS DESIGNEE, COMPREHENSIVE DRAINAGE PLANS THAT MEET
NATIONAL FLOOD INSURANCE PROGRAM REQUIREMENTS, FEMA REGULATIONS,
AND THE CITY'S DESIGN STANDARDS FOR STORM DRAINAGE IMPROVEMENTS;
PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER
CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION,
PUBLICATION AND AN EFFECTIVE DATE.
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Councilmember
_., Councilmember Cole moved for the adoption of Ordinance No. 741 on its first reading.
The motion was seconded by Councilmember Tetens.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN
AGREEMENT WITH A SELECTED ENGINEER TO REVIEW PLATS AND
CONSTRUCTION PLANS FOR PROPOSED PROJECTS THAT MEET NATIONAL
FLOOD INSURANCE PROGRAM REQUIREMENTS, FEMA REGULATIONS, AND THE
CITY'S DESIGN STANDARDS FOR STORM DRAINAGE IMPROVEMENTS.
Councilmember Wilkins moved to give the City Manager the authorization as stated. The
motion was seconded by Councilmember Tetens.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole.
Voting "No" - None.
Motion passed 5 to 0.
FIRST READING OF ORDINANCE NO. 742 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, REPEALING, IN ITS ENTIRETY, ORDINANCE NO.
209 OF THE CITY OF PEARLAND, TEXAS, AS IT MAY HAVE BEEN, FROM TIME TO
TIME, AMENDED; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND
PROVIDING AN EFFECTIVE DATE.
Councilmember Richardson moved for the adoption of Ordinance No. 742 on its first of
two readings. The motion was seconded by Councilmember Tetens.
City Manager Grohman explained that this ordinance is in conflict with the provisions of
the Charter for the Park Board; thereby necessitating this action. A lengthy discussion
ensued regarding this matter.
Councilmember Richardson requested additional information be presented by the City
Attorney with regard to the changes being made on this ordinance and subsequent
resolution.
r -M Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole.
Voting "No" - None.
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Motion passed 5 to 0.
RESCISION OF ANY AND ALL PRIOR MINUTE ACTIONS, CITY POLICIES, AND
PRACTICES THAT ADDRESS THE COMPOSITION, TERMS OR PROCEDURES
GOVERNING THE PARK, RECREATION AND BEAUTIFICATION BOARD.
Councilmember Tetens moved for the approval of this action. The motion was seconded
by Councilmember Cole.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
RESOLUTION NO. R96-45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ESTABLISHING THE COMPOSITION, TERMS, AND PROCEDURAL
GUIDELINES FOR THE PARK, RECREATION AND BEAUTIFICATION BOARD.
Councilmember Beckman moved for the adoption of Resolution No. R96-45. The motion
was seconded by Councilmember Tetens.
City Manager Grohman pointed out that the major change consists of changing the size
of the Park Board from nine members to a seven -member board. Councilmember
Beckman provided a historical background on this board and explained how the Park
Board and the Beautification Board were combined, which accounted for the large
number of people ony this board. Councilmember Wilkins (a past Park Board member)
supported the change to a seven -member board. Councilmember Cole asked Parks &
Recreation Director Ed Hersh if a seven -member board would be adequate to which Mr.
Hersh replied that it would work well.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
APPROVAL AND AUTHORIZATION OF THE EXPENDITURE OF PEDC FUNDS IN THE
AMOUNT OF $109,660.00 FOR ECONOMIC DEVELOPMENT INCENTIVES TO
KEMLON PRODUCTS & DEVELOPMENT C0.1WHK FAMILYINTERESTS PARTNERSHIP
LTD. ("KEMLON") AND $118,980.00 TO EXTEND A TWELVE -INCH WATER LINE
FROM MYKAWA TO STATE HIGHWAY 35 FOR KEMLON AND FUTURE ECONOMIC
DEVELOPMENT PROJECTS IN THE AREA, FOR A TOTAL AMOUNT OF $228,640.00,
IN ACCORDANCE WITH SECTION 7.06 OF THE PEDC BYLAWS. --
Councilmember Cole moved for the approval of this action. The motion was seconded
by Councilmember Tetens.
City Manager Grohman explained that this is a recommendation of the PEDC Board as
required by their bylaws. He stated this amount includes a grant in the amount of
$70,000 which is partial cost of the equipment.
PEDC Boardmember Bill Berger announced that Kemlon should be in operation within
15-18 months.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
APPOINTMENT OF TWO (2) MEMBERS TO THE GAS AND PLUMBING CODE BOARD
OF ADJUSTMENTS AND APPEALS.
Mayor Reid noted that this board consists of members who are skill -specific and he
stated that both Gary Shiver and Ronald West have agreed to serve another four-year
term.
Councilmember Richardson moved to reappoint Gary Shiver and Ronald West to the Gas
and Plumbing Code Board of Adjustments and Appeals for a four-year term. The motion
was seconded by Councilmember Beckman.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole.
Voting "No" - None.
Motion passed 5 to 0.
APPOINTMENT OF TWO (2) MEMBERS TO THE BUILDING CODE BOARD OF
ADJUSTMENTS AND APPEALS.
Mayor Reid stated that this board is skill -specific and noted that Bob Campbell and Jerry
Acosta have agreed to serve another term.
Councilmember Richardson moved to reappoint Bob Campbell and Jerry Acosta to the
Building Code Board of Adjustments and Appeals. The motion was seconded by
.— Councilmember Tetens.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole.
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Voting "No" - None.
Motion passed 5 to 0.
AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO TRADE AN OUT -OF -
SERVICE AMBULANCE TO BRAZORIA COUNTY IN EXCHANGE FOR ROAD WORK
OF AN EQUIVALENT VALUE.
Councilmember Wilkins moved to give the City Manager this authority. The motion was
seconded by Councilmember Richardson.
City Manager Grohman stated that the Sheriff's office does not have an ambulance, and
it would not be feasible for the City of Pearland to repair this ambulance; therefore David
Smith and Sheriff Joe King had come up with the idea of exchanging the ambulance for
road work. Mr. Grohman recommended approval.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
OTHER BUSINESS: None
ADJOURNMENT
Meeting was adjourned at 10:12 p.m.
Min es ap r ved as submitted
A. D., 1996.
ATTEST:
Yda C. Benitez
City Secretary
and/or corrected this the day of
Tom Reid
Mayor
;; 1 Public Notice I I Public Notice I I Public Notice
r 21 May 96
l CITY OF PEARLAND This notice contains a summary of actual effective and rollback tax
Schedules for Notice of Effective Tax Rate Page 1 rates' calculations. You can inspect a copy of the full calculations at
- SCHEDULE A ' Name of person preparing this notice: Rubve Jo Kni abt RTAC:
UNENCUMBERED FUND BALANCES ' Title: Tax Assessor/C011ector '
f Date prepared: August 1 . 1996
3 The following estimated balances will be left in the unit's property tax
accounts at the end of the fiscal year. These balances are not NOTICE OF EFFECTIVE TAX RATE
encumbered by a corresponding debt obligation. .•
1996 PROPERTY TAX RATES IN CITY OF PEARLAND
TYPE OF PROPERTY TAX FUND BALANCE i
This notice concerns 1996 property tax rates for CITY OF PEARLAND. It r
presents information about three tax rates. Last year's tax rate is the t
actual rate the taxing unit used to determine property taxes last year. f
This year's effective tax rate would impose the same total taxes as last b
SCHEDULE B year if you compare properties taxed in both years. This year's b
1996 DEBT SERVICE rollback tax rate is the highest tax rate the taxing unit can set before
taxpayers can start tax rollback procedures. In each case these rates
unit plans to pay the following amounts for long-term debts that are are found by dividing the total amount of taxes by the tax base (the
secured by property taxes. These amounts will be paid from property total value of taxable property) with adjustments as required by state
tax revenues (or additional sales tax revenues, if applicable). law. The rates are given per $100 of property value.
PRINCIPAL OR INTEREST TO LAST YEAR'S TAX RATE:
CONTRACT PAYMENT BE PAID Last year's operating taxes S3,760,232
DESCRIPTION TO BE PAID FROM FROM PROPERTY OTHER AMOUNTS TOTAL Last year's debt taxes S2,115,131
OF DEBT PROPERTY TAXES TAXES TO BE PAID PAYMENT Last year's total taxes $5,875,363
Last year's tax base $845,375,327
1986 IMP $425,000 $13,813 SO S438,813 Last year's total tax rate (per $100) 0.69500
1988 IMP $100,000 $21,000 f0 $121,000 THIS YEAR'S EFFECTIVE TAX RATE:
Last year's adjusted taxes $5,857,103
1990 REF $0 S233,041 SO $233,041 (after subtracting taxes on lost property)
I / This year's adjusted tax base $852,908,319
1990 REF $0 $233,041 SO $233,041 (after subtracting value of new property)
1991 CERT OB $100,000 $108,465 iV = This year's effective tax rate (per $100) 0.68672
vow,���
$117,775 SO $197,775 x 1.03 = maximum rate unless unit publishes
1992 IMP f80,000notices and holds hearing (per $100)* 0.70732
1993 REF $365,000 $229,049 f0 $594,049
THIS YEAR'S ROLLBACK TAX RATE:
f0 $417,420 Last year's adjusted operating taxes
1995 CERT OB $130,000 $287,420 (after subtracting taxes on lost property and
f0 $10,000 $10,000 adjusting for transferred function) f3,708,106
:ANK FEE SO / This year's adjusted tax base S852,908,319
$2,453,604 = This year's effective operating rate (per $100) 0.43476
Total required for 1996 debt service SO x 1.08 = this year's maximum operating rate (per $100) 0.46954
- Amount (if any) paid from funds listed in Schedule A
f0 + This year's debt rate (per $100) 0.27031
- Excess collections last year $2,453,604 = This year's rollback rate (per $100) 0.73985 =
= Total to be paid from taxes in 1996
+ Amount added in anticipation that the unit will SO * If the rollback rate is lower than 1.03 times the effective rate,
collect only 100.00% of its taxes in 1996 $2,453,604 , the unit must publish the notices and hold the hearing to adopt
= Total Debt Levy a tax rate that exceeds the rollback tax rate. ,
Public Notice Public Notice ( Public Notice J
This notice contains a summary of actual effective and rollback tax I `
rates' calculations. You can inspect a copy of the full calculations at CITY OF PEARLAND
Schedules for Notice of Effective Tax Rate Page 1
Name of person preparing this notice: RUBYE JO KNIGHT, RTAC
Title: TAX ASSESSOR/COLLECTOR SCHEDULE A
Date prepared: 8`8_9 6 UNENCUMBERED FUND BALANCES
NOTICE OF EFFECTIVE TAX RATE The following estimated balances will be Left in the unit's property tax
accounts at the end of the fiscal year. These balances are not
1996 PROPERTY TAX RATES IN CITY OF PEARLAND encumbered by a corresponding debt obligation.
This notice concerns 1996 property tax rates for CITY OF PEARLAND. It TYPE OF PROPERTY TAX FUND BALANCE
presents information about three tax rates. Last year's tax rate is the
a actual rate the taxing unit used to determine property taxes last year. INTEREST & SINKING $135,000
This year's effective tax rate would impose the same total taxes as last i
year if you compare properties taxed in both years. This year's
rollback tax rate is the highest tax rate the taxing unit can set before { SCHEDULE B
1 taxpayers can start tax rollback procedures. In each case these rates l 1996 DEBT SERVICE
are found by dividing the total amount of taxes by the tax base (the
total value of taxable property) with adjustments as required by state The unit plans to pay the following amounts for long-term debts that are
law. The rates are given per $100 of property value. secured by property taxes. These amounts will be paid from property
tax revenues (or additional sales tax revenues, if applicable).
LAST YEAR'S TAX RATE:
Last year's operating taxes $3,760,232 PRINCIPAL OR INTEREST TO
Last year's debt taxes $2,115,131 CONTRACT PAYMENT BE PAID
Last year's total taxes $5,875,363 DESCRIPTION TO BE PAID FROM FROM PROPERTY OTHER AMOUNTS TOTAL
Last year's tax base $845,375,327 OF DEBT PROPERTY TAXES TAXES TO BE PAID PAYMENT
Last year's total tax rate (per $100) 0.69500
1986 IMP $425,000 $13,813 $0 $438,813
THIS YEAR'S EFFECTIVE TAX RATE:
Last year's adjusted taxes $5,857,103 1988 IMP $100,000 $21,000 SO $121,000
(after subtracting taxes on lost property)
/ This year's adjusted tax base $852,908,319 1990 REF $0 $233,041 $0 $233,041
(after subtracting value of new property)
This year's effective tax rate (per $100) 0.68672 1990 REF $0 $233,041 $0 $233,041
x 1.03 = maximum rate unless unit publishes 1991 CERT OB $100,000 $108,465 xn e]oo <ar
notices and holds hearing (per $100)• 0.70732 1992 IMP $80,000 $117,775 $0 5197,775 t
THIS YEAR'S ROLLBACK TAX RATE:
1993 REF $365,000 $229,049 $0 $594,049
Last year's adjusted operating taxes
(after subtracting taxes on lost property and 1995 CERT OB $130,000 $287,420 $0 $417,420
adjusting for transferred function) $3,708,106
/ This year's adjusted tax base S852,908,319
1 = This year's effective operating rate (per $100) 0.43476 BANK FEE $0 $0 $10,000 $10,000
x 1.08 = this year's maximum operating rate (per $100) 0.46954 $0 $0 $O $0
+ This year's debt rate (per $100) 0.25544 ,
This year's rollback rate (per $100) 0.72498 Total required for 1996 debt service $2,453,604
- Amount (if any) paid from funds listed in Schedule A $135,000
-
"' If the rollback rate is lower than 1.03 times the effective rate, Excess collections last year S0
the unit must publish the notices and hold the hearing to adopt = Total to be paid from taxes in 1996 $2,318,604
a tax rate that exceeds the rollback tax rate.
+ Amount added in anticipation that the unit will
collect only 100.00% of its taxes in 1996 $0 1
= Total Debt Levy $2,318,604