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1996-10-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 28, 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 Manager Richard Burdine; City Engineer John Hargrove; and Police Chief Mike Hogg. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Wilkins and the Pledge of Allegiance was led by Councilmember Tetens. APPROVAL OF MINUTES Councilmember Cole moved that the minutes of the Annexation Public Hearing held on October 14, 1996, 5:30 p.m., be approved as presented. The motion was seconded by Councilmember Wilkins. Motion passed 4 to 0, with Councilmember Tetens abstaining as he was absent from the hearing. Councilmember Tetens moved that the minutes of the Annexation Public Hearing held on October 14, 1996, 6:30 p.m., be approved as presented. The motion was seconded by Councilmember Richardson. 155 Motion passed 5 to 0. Councilmember Tetens moved that the minutes of the Regular Meeting held on October 14, 1996, 7:30 p.m., be approved as presented. The motion was seconded by Councilmember Richardson. Motion- passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Reid and Councilmember Helen Beckman presented a proclamation to Dolores Fenwick and James Birdsong of Clean Pearland in recognition of Texas Recycles Day which will take place on November 15, 1996. Mayor Reid reported on his activities during the past two weeks which included: HGAC Board of Directors meeting on October 15th; Neighborhood Center Breakfast for Community Leaders and the Chamber Monthly luncheon on October 16th; Gulf Coast Water Authority Monthly Board meeting on October 17th; Pearland Historical Society Annual Meeting and the EMS 20th Anniversary Dinner and Awards on October 19th; presented proclamation to Reverend Larry Jewel of St. Stephen's Church at his retirement reception on October 20th; Clean Pearland Annual meeting on October 21 st; Jamison School Poster judging, luncheon with staff from Congressman Tom Delay's Washington office and local office, and Clear Creek Flood Control meeting on October 23rd; and the Chamber Trade Fair on October 27th. COUNCIL ACTIVITY REPORTS Councilmember Beckman reported that she attended the League of Women Voter's Candidates Forum on October 15th; the Community Leaders Breakfast at the Neighborhood Center and the BCCA meeting in Alvin on October 16th; EMS 20th Anniversary banquet on October 19th; Reverend Jewel's retirement party on October 20th; Clean Pearland annual meeting on October 21 st; the Vision 20/20 Sign Committee meeting on October 23rd; the Clean Pearland Hike & Bike Committee meeting on October 24th; and the Backyard Composting class taught by Dolores Fenwick on October 26th. Councilmember Tetens reported that he attended the BCCA meeting in Alvin on October 16th; the EMS Anniversary banquet on October 19th; and the Clean Pearland Annual Meeting on October 21st. Councilmember Richardson reported that he attended the HobbyFest presented by the Chamber of Commerce on October 19th; and participated in the Trade Fair on October 27th. Councilmember Wilkins reported that he attended the Pearland Neighborhood Center breakfast on October 16th; and the EMS banquet on October 19th. He commended the Neighborhood Center and EMS for their efforts. Councilmember Cole reported that he attended the Chamber of Commerce HobbyFest on October 19th; the luncheon with Congressman Tom Delay's staff on October 23rd; and also participated in the Trade Fair on October 27th. He expressed his appreciation to EMS and the Pearland 100 Club for their work in the community. Councilmember Cole stressed the importance of using local businesses whether it be for business or residential needs. He also commended the Clean Pearland organization for their efforts throughout the city. CITY MANAGER'S REPORT City Manager Paul Grohman announced that the City Council will have a Joint Meeting with the Pearland Independent School District Board on Monday, December 16, at 7:00 p.m. at the High School Auditorium. He also announced that on Wednesday, November 6, at 5:30 p.m. at the red light in front of the High School parking lot, we will have the groundbreaking for Centennial Blvd./Oiler Drive. Delores Fenwick announced that Clean Pearland has received the Distinguished Service Award from Keep America Beautiful which means that they are third place in the nation. City Manager Grohman reported that the second paid paramedic has just started on Saturdays and Sundays. He stated that there should be almost 2800 ambulance runs this year in comparison with 1500 runs four years ago. Mr. Grohman announced that there were several action items on the agenda between the City of Pearland and the Brazoria Drainage District #4 to further increase the cooperative efforts between the two entities. City Manager Grohman pointed out some of the advantages to residents being annexed into the city limits, such as fire, police and EMS services being extended to their respective areas. CITIZENS: Terri Barcelo-McCalla - 3810 Sunset Meadows. Ms. McCalla presented a petition to the Council on behalf of the Sunset Lakes Subdivision with regard to excessive speeding on Sunset Meadows which is the main street into the subdivision. She noted that she is seriously considering not moving into her home, which will be completed in approximately four weeks, because of the potential dangers. 2. James H. Cabe - 3627 Sunset Meadows. Mr. Cabe came before Council to address the traffic situation on Sunset Meadows Drive, which he stated he feels is unsafe. He noted that the speed limit is not the problem, but rather the lack of adherence to the speed limit. Mr. Cabe pointed out that the problem will probably worsen as more families move into the subdivision. 157 3. Dede Williams - Library Director. -Ms. Williams introduced the Library Board which consisted of Bill Todd, Carol Jones, Vicki Prebilsky, Judy Demecs, Betty Callaway, and Lee Farnsworth. She also introduced the new Director of the Brazoria County Library System, Kathy Threadgill. Ms. Williams provided a history of the library system. She then turned the program over to Bill Todd who presented a resolution on behalf of the Library Board requesting that the City Council consider the expansion of the Pearland Library this fiscal year. He commended the past and present Councilmembers for the planning of the library and requested that they favorably consider the needs of the library and plan for its expansion within this fiscal year. Judge Todd then introduced Kathy Threadgill who also requested that the Council favorably consider the Library Board's request. She noted that the Pearland Library is one of the busiest branches in the Brazoria County Library System. Ms. Threadgill offered her support in whatever direction the Council embarks. Mayor Reid provided a historical background of the Pearland Library. He commended the Library Board members for their presentation. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: SECOND READING OF ORDINANCE NO. 509-91 - 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 IN MULTI -FAMILY RESERVE "A", BLOCK 2, BEING 5.2087 ACRES OUT OF COBBLESTONE, A SUBDIVISION OF 36.074 ACRES AS RECORDED IN BRAZORIA COUNTY PLAT RECORDS, BRAZORIA COUNTY, TEXAS, IN VOLUME 19, PAGES 323 AND 324 (MAGNOLIA ROAD -APPLICATION #81) FROM CLASSIFICATION MULTI- FAMILY DWELLING DISTRICT (MF) TO SINGLE FAMILY DWELLING DISTRICT (R-2 PUD) AT THE REQUEST OF GERALD MUNGER OF CENTURY ENGINEERING, INC., AGENT FOR R & S LAND CO., INC., OWNERS; 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 approval of Ordinance No. 509-91 on its second and final reading. The motion was seconded by Councilmember Beckman. SECOND READING OF ORDINANCE NO. 509-92 - 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 IN GENERAL BUSINESS RESERVE "B", BLOCK 2, BEING 3.6544 ACRES OUT OF COBBLESTONE, A SUBDIVISION OF 36.074 ACRES AS RECORDED IN BRAZORIA COUNTY PLAT RECORDS, BRAZORIA COUNTY, TEXAS, IN VOLUME 19, PAGES 323 im AND 324 (MAGNOLIA ROAD & VETERANS ROAD -APPLICATION #82) FROM CLASSIFICATION GENERAL BUSINESS DISTRICT (GB) TO SINGLE FAMILY DWELLING DISTRICT (R-2 PUD) AT THE REQUEST OF GERALD MUNGER OF CENTURY ENGINEERING, INC., AGENT FOR R & S LAND CO., INC., OWNERS; 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 for the approval of Ordinance No. 509-92 on its second and final reading. The motion was seconded by Councilmember Tetens. Mayor Reid called for a vote on Ordinance No. 509-91 and Ordinance No. 509-92. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Both motions passed 5 to 0. SECOND READING OF ORDINANCE NO. 509-93 - 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 14, BLOCK 2, SKYWAY MANOR OF THE H.T.&B.R.R. CO. SURVEY, ABSTRACT 241, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDS RECORDED IN VOLUME 7, PAGE 67, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (2934 PIPER ROAD -APPLICATION #83) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JASPER WILLIS, 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. SECOND READING OF ORDINANCE NO. 509-94 - 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 34, A TRACT OF LAND BEING PART OF AND OUT OF WESTCHESTER ESTATES, A PARTITION IN THE H.T.&B.R.R. CO. SURVEY, ABSTRACT 242, IN BRAZORIA COUNTY, TEXAS (2812 MANVEL ROAD -APPLICATION #86) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF JESUS GARCIA, AGENT FOR SUSAN GARCIA, 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. l� SECOND READING OF ORDINANCE -NO 509-95.- 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 LOTS 5, 6 & 7 OUT OF WESTCHESTER ESTATES, A PARTITION OF 38.2531 ACRES OUT OF THE H.T.&B.R.R. CO. SURVEY, A-242, BRAZORIA COUNTY, TEXAS, (2850 WESTCHESTER CIRCLE -APPLICATION #87) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JOYCE A. AND JACK D. MCGUFF, JR., OWNERS; 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. SECOND READING OF ORDINANCE NO. 509-96 - 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 16 BEING 6.0 ACRES OF LAND OF THE EAST ONE-HALF (E. 1/2) OF THE NORTHWEST ONE-QUARTER (NW. 1/4) OF SECTION 15, H.T.&B.R.R. CO. SURVEY, ABSTRACT 241, BRAZORIA COUNTY, TEXAS, AS SHOWN BY PLAT OF PARTITION RECORDED IN VOL. 441, PG. 265, DEED RECORDS, BRAZORIA COUNTY, TEXAS (6725 FITE ROAD -APPLICATION #88) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF LARRY D. AND TERESA A. HOOD, OWNERS; 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. 509-93, Ordinance No. 509-94, Ordinance No. 509-95, and Ordinance No. 509-96 on their second and final readings. The motion was seconded by Councilmember Wilkins. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS: FIRST AND ONLY READING OF ORDINANCE NO. 753 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING PUBLIC CONVENIENCE AND NECESSITY FOR A REGIONAL DETENTION SITE, KNOWN AS SOUTHWEST ENVIRONMENTAL CENTER; AUTHORIZING THE CITY ATTORNEY, OR HER DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY'S EXTRATERRITORIAL JURISDICTION, BY DONATION, PURCHASE, OR BY THE um EXERCISE OF THE POWER OF EMINENT DOMAIN; DECLARING AN EMERGENCY AS THE PROVISION OF REGIONAL STORMWATER DETENTION BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Councilmember Beckman for the adoption of Ordinance No. 753 on first and only reading. The motion was seconded by Councilmember Richardson. City Engineer John Hargrove reviewed a map of the area involved. City Attorney Amy McCullough clarified that this was an emergency action and thereby, the ordinance required only one reading. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to 0. AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO TAKE PROPOSALS FROM, AND NEGOTIATE WITH DESIGN FIRMS FOR THE PREPARATION OF PLANS AND SPECIFICATIONS FOR DIVERSION/OUTLET WORKS FOR REGIONAL DETENTION SITES IN "INDEPENDENCE PARK" AND THE "NORTH POND", LOCATED ON THE DAVID L. SMITH PROJECT. Councilmember Richardson moved to authorize the City Manager to take these proposals for the regional detention sites in Independence Park and the North Pond. The motion was seconded by Councilmember Tetens. City Manager Grohman presented this item for consideration and approval by the Council. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA DRAINAGE DISTRICT NO. 4 (BDD4) FOR DEVELOPMENT OF REGIONAL STORMWATER DETENTION, CHANNEL IMPROVEMENTS AND OTHER DRAINAGE -RELATED ISSUES AFFECTING THE CITY AND THE DISTRICT. Councilmember Richardson moved to authorize the City Manager or his designee to enter into an Interlocal Agreement with Brazoria Drainage District No. 4 for development of regional stormwater detention, channel improvements and other drainage -related 1 s fiillllt�ll issues affecting the city and the district. The motion was seconded by Councilmember Cole. City Manager Grohman requested Council approval of this action. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to 0. OTHER BUSINESS: NONE ADJOURNMENT Meeting was adjourned at 8:44 p.m. Min es approved as submitted and/or corrected this the day of A. D., 1996. yyr� Tom Reid Mayor ATTEST: Y a da C. Benitez City Secretary