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1996-08-26 CITY COUNCIL REGULAR MEETING MINUTES66 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 26, 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 Secretary Yolanda C. Benitez Others in attendance: Assistant City Managers Glen Erwin and Richard Burdine; City Engineer John Hargrove; Parks & Recreation Director Ed Hersh; and Police Chief Mike Hogg. Absent: City Attorney Amy McCullough. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Police Chief Mike Hogg and the Pledge of Allegiance was led by Historical Society President Mickey Mark. APPROVAL OF MINUTES Councilmember Tetens moved that the minutes of the Joint Public Hearing held on August 12, 1996, 7:00 p.m. be approved as presented. The motion was seconded by Councilmember Wilkins. Motion passed 5 to 0. Councilmember Tetens moved that the minutes of the Regular Meeting held on August 12, 1996, 7:30 p.m., be approved as presented. Councilmember Richardson seconded the motion. 67 Motion passed 5 to O. MAYOR'S ACTIVITY REPORT Mayor Reid presented a proclamation to Alice Long in commemoration of her 90th birthday and proclaimed August 30, 1996 as "Alice Long Day". Mrs. Long's son, Marvin Long, thanked the Mayor, the Council and City Secretary Yolanda Benitez for helping to pull this off. Mayor Reid then presented a proclamation to the 1996 Texas State Baseball Champions, the Pearland Little League All Stars. He also presented individual Certificates of Achievement to each of the team members and coaches. Chip Hosek, Pearland Little League Representative, presented the Mayor with an autographed baseball, signed by each of the team members. He also announced all of the awards that the Pearland Little League received in each of their divisions. Mayor Reid announced the appointment of the following citizens to the Clean Pearland Working Group. This Working Group will be responsible for placing $50,000 worth of landscaping throughout the City of Pearland. James Birdsong, Chair John Bowman Marji Carns Delores Fenwick Lawrence Heckathom Bobby Stevener Helen Beckman Richard Burdine Billye Everett Ed Hersh Jerry Richardson Mayor Reid then reported on his activities during the past two weeks which included the following: meeting with Alvin Mayor Joe Rossano on August 13; American Heart Association Kick-off meeting on August 19th; HGAC Board meeting and Hurricane Awareness meeting on August 20th; Chamber Legislative Luncheon and BCCA meeting on Au~lust 21st; Brazoria County Abatement Committee on August 22nd; and presentation of a proclamation at the Hindu Temple on August 24th. COUNCIL ACTIVITY REPORTS Councilmember Beckman reported that she attended the Reading Center Board meeting on August 14th; Clean Pearland Board meeting on August 19th; Chamber luncheon and BCCA meeting on August 21st; 4th Citizens Police Academy class welcome and the Chamber Mixer at the Ag Barn on August 22nd. Councilmember Tetens had no report. Councilmember Richardson reported that he attended the Chamber Legislative luncheon on August 21 st. Councilmember Wilkins reported that he attended the Chamber luncheon on August 21 st. He stated once again that he has continued to get calls and inquiries from citizens regarding enforcement of the sign ordinance. Councilmember Cole had no report; however, he announced that Peggy Mayfield-Royer's memorial service will be held on August 29th at 10:30 a.m. at First United Methodist Church. He expressed his appreciation of her service to the community. CITY MANAGER'S REPORT City Manager Paul Grohman reported that there had been a major car accident containing two fatalities last Saturday and he noted that some of the passengers were not wearing seatbelts. Mr. Grohman reminded Council that the Police Department will be checking for seatbelts and DWl's over the Labor Day weekend. He announced that the 4th Citizens Police Academy class began last Thursday night. Mr. Grohman also reported on the Hurricane Awareness class which was held. He stated he had received quite a few compliments, but people also commented that there should have been more citizens present to hear this very important information. City Manager Grohman announced that the City has received a $7500 grant which will be used to partially fund the position of Urban Forester/Park Superintendent. He also announced that the City of Pearland is featured on the cover of a national publication for marketing recreational classes. CITIZENS: Betty Ketchum - Association of Retarded Citizens (ARC). Ms. Ketchum introduced Carolyn Hamilton, Boardmember, and Rev. Denzler, Volunteer and they presented Parks & Recreation Director Ed Hersh with an award of appreciation for allowing them to use the community center for their dances. Mr. Hersh expressed his appreciation for their presentation of the award. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: SECOND READING OF ORDINANCE NO. 509-78 - 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 LOT 8, CONTAINING 2.50 ACRES, OUT OF THE T.P. MAHANAY 80-ACRE TRACT, BEING THE EAST 1/2 OF THE NORTHWEST ¼ 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 its second and final reading. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" None. Motion passed 5 to O. Mayor Reid took this time to introduce Terri Boyko, Pearland High School student, who was attending the Council meeting as a requirement of her Government class. SECOND READING OF ORDINANCE NO. 734 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING, IN ITS ENTIRETY, CHAPTER 16, MASSAGE ESTABLISHMENTS, OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Councilmember Wilkins moved for the adoption of Ordinance No. 734 on its second and final reading. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No"- None Motion passed 5 to O. SECOND 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 EFFECTIVE DATE. Councilmember Richardson moved for the adoption of Ordinance No. 735 on its second reading. The motion was seconded by Councilmember Tetens. 7O Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" None. Motion passed 5 to O. SECOND 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 Di~SIGN ST/IND/IRDS _FOR STORM DPJIAf./IGE IM_Pt~OF'ZMENTS; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Councilmember Tetens moved for the approval of Ordinance No. 741 on its second and final reading. The motion was seconded by Councilmember Cole. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No"- None. Motion passed 5 to O. SECOND 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 Beckman moved for the adoption of Ordinance No. 742 on its second and final reading. The motion was seconded by Councilmember Tetens. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to O. NEW BUSINESS: FIRST READING OF ORDINANCE NO, 737 - AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1996, AND ENDING SEPTEMBER 30, 1997. Councilmember Cole moved for the adoption of Ordinance No. 737 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 O. FIRST READING OF ORDINANCE NO. 738 - AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 1996, AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. Councilmember Wilkins moved for the acceptance of Ordinance No. 738 on first reading. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to O. FIRST READING OF ORDINANCE NO. 509-79 - 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 ANIMAL HUSBANDRY IN A SINGLE FAMILY DWELLING DISTRICT (R-2) LOCATED ON 5.00 ACRES OF LAND, MORE OR LESS, BEING THE NORTH ~,~ OF LOT 37, SECTION 6, (HATFIELD ROAD) AT THE REQUEST OF CHERYL AND DOUGLAS COLLINS, AGENTS FOR LEE DETENBECK, 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. 509-79 on its first reading. The motion was seconded by Councilmember Tetens. Assistant City Manager Richard Burdine explained the reason for this application and noted that the Planning & Zoning Commission recommended approval with the stipulation that the property be used for horses only. He noted that this stipulation is not presently in the ordinance, so the Council could approve it with the stipulation that this statement be included at the time of second reading of the ordinance. Councilmember Richardson amended his motion to state that Ordinance No. 509-79 contain the stipulation that the use of the property will be limited to horses. The motion 72 '¸ was seconded by Councilmember Tetens. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to O. FIRST READING OF ORDINANCE NO. 509-80 - 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 1.00 ACRE OF LAND OUT OF A 3.144 ACRE TRACT OF LAND OUT OF LOT 23 OF THE ALLISON-RICHEY GULF COAST HOME COMPANY'S SUBURBAN GARDENS SUBDIVISION OF SECTION 8, H.T.&B.R.R. CO. SURVEY, A-504, BRAZORIA COUNTY, TEXAS, SAID SUBDIVISION RECORDED IN VOL. 2, PAGE 23 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (6905 BROADWAY) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF GEORGE H. MCCAA, 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 Tetens moved for the approval of Ordinance No. 509-80 on its first of two readings. The motion was seconded by Councilmember Richardson. Assistant City Manager Burdine described the property in question and stated that the Planning & Zoning Commission recommended approval of this request. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to O. ACCEPTANCE OF PINEHOLLOW SUBDIVISION, SECTION 1-B. City Engineer John Hargrove recommended the approval of Pinehollow Subdivision, Section 1-B, pending satisfactory Bacteriological tests which are to be completed before the end of the week. Councilmember Beckman moved for the acceptance of Pinehollow Subdivision, Section l-B, per John Hargrove's recommendation. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to O. FIRST AND ONLY READING OF ORDINANCE NO. 745 - 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 PINE HOLLOW DRIVE IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH PINE FOREST DRIVE, AND UPON PINE FOREST DRIVE IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH PINE HOLLOW DRIVE, UPON KNOTTY PINE CIRCLE IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH PINE FOREST DRIVE, UPON PINE FOREST DRIVE IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH PINE CHASE DRIVE, UPON KNOTTY PINE CIRCLE IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH PINE CHASE DRIVE (PINE HOLLOW SECTION l-B); PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEAEER 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. 745 on its first and only reading. The motion was seconded by Councilmember Richardson. Police Chief Mike Hogg recommended approval of these stop signs in the Pinehollow Subdivision. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to O. FIRST READING OF ORDINANCE NO. 743 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, FINDING THAT THE CITY HAS ESTABLISHED GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT PURSUANT TO RESOLUTI ON NO. R96-12; DESIGNATING AND DESCRI BI NG A REI NVESTMENT ZONE IN ACCORDANCE WITH 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 CITY MANAGER TO SIGN TAX ABATEMENT AGREEMENTS WHEN APPROVED BY THE CITY COUNCIL; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Councilmember Cole moved for the adoption of Ordinance No. 743 on first reading. The motion was seconded by Councilmember Richardson. City Manager Grohman explained that this ordinance was a follow-up to the public hearing held earlier. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" None. Motion passed 5 to O. FIRST AND ONLY READING OF ORDINANCE NO. 744 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RECOGNIZING COUNTY ROAD 127 AS BEING LOCATED WITHIN THE CITY FROM DIXIE FARM ROAD TO THE EASTERN CITY LIMIT LINE; RENAMING SAID SECTION OF COUNTY ROAD 127 AS HASTINGS-FRIENDSWOOD ROAD; AND ESTABLISHING A SPEED LIMIT ON SAID SECTION OF HASTINGS-FRIENDSWOOD ROAD AT 30 MILES PER HOUR; 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 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 Wilkins moved for the adoption of Ordinance No. 744 on its first and only reading. The motion was seconded by Councilmember Cole. Assistant City Manager Burdine stated that since this road is now in the city limits, we are doing away with the county road designation. This will assist with the enforcement of traffic citations occurring on this road. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to O. OTHER BUSINESS: None ADJOURNMENT Meeting was adjourned at 9:00 p.m. ,75 as submitted and/or corrected this the ~ ed , A. D., 1996. Tom Reid Mayor ATTEST: day of 6) Will the improvements benefit the land inside the City itself?. Mr. Erwin stated that they will, particularly if the City is looking at this general area as some type of industrial park. There has been quite a bit of growth during the past 6-8 months, and it is anticipated even more growth will occur in that area, which accounts for putting in the water system. Councilmember Cole inquired as to how long the company has been in business, and Mr. Erwin responded that they started the company in 1950. Councilmember Cole also asked about how many nights per week will the company be utilizing the Best Western Motel. John Bowman stated that these figures had not been included. PEDC Director Glen Erwin added that KernIon is currently using a piece of machinery which Mr. Ring had designed and built in the early 1950's. Therefore, if they need a piece of machinery, they can build it. Councilmember Richardson expressed his appreciation to the PEDC staff (Glen Erwin, John Bowman, Terrie Morgan, and Perla Lehman). Mr. Erwin stated that he has a very good group of people, but he especially thanked the PEDC board for their support. 65 ADJOURNMENT The public hearing adjourned at 7:25 P. M. d as submitted and/or corrected this Y'~ day of , A. D., 1996. Tom Reid, Mayor ATTEST: