1996-11-11 CITY COUNCIL REGULAR MEETING MINUTES177
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON NOVEMBER 11, 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; Grants Director Janet Berry; and Parks
& Recreation Director Ed Hersh.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Councilmember Richardson and the Pledge of Allegiance
was led by Councilmember Beckman.
APPROVAL OF MINUTES
Councilmember Tetens moved that the minutes of the Annexation Public Hearing held
on October 28, 1996, 6:30 p.m., be approved as presented. The motion was seconded
by Councilmember Richardson.
Motion passed 5 to 0.
Councilmember Tetens moved that the minutes of the Regular Meeting held on October
28, 1996, 7:30 p.m., be approved as presented. The motion was seconded by
Councilmember Richardson.
Motion passed 5 to 0.
Councilmember Tetens moved that the minutes of the Annexation Public Hearing held
on November 4, 1996, 6:30 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 Bonnie
Nielsen and Lisa Wooden from the Pearland Independent School District in recognition
of American Education Week which will take place November 17-23, 1996. Susan
Lenamon, Director of Communications for the PTSD, announced that Bonnie Nielsen is
the 1996 Secondary Teacher of the Year and Lisa Wooden is the 1996 Elementary
Teacher of the Year. Lisa Wooden expressed appreciation on behalf of the students and
teachers of the PISD.
Mayor Reid reported on his activities during the past two weeks which included:
INTERNET Training Class and the Clear Lake Transportation Partnership Symposium on
October 29th; meeting with Small Business Administration representatives on October
30th; special student recognition at Pearland Junior High East on October 31st;
Retirement reception for County Commissioner Billy Joe Plaster on November 2nd; PEDC
monthly meeting on November 4th; AARP monthly meeting on November 5th; School -
to -Work Program and Centennial Boulevard groundbreaking ceremony on November 6th;
HGAC Home Rule Cities Caucus on November 7th; Chamber of Commerce Breakfast
meeting and the Governor's Award Committee meeting on November 8th; and the
Veteran's Day Observance on November 11 th.
COUNCIL ACTIVITY REPORTS
Councilmember Beckman reported that she attended the Vision 20/20 committee
meeting on October 29th; spoke to a 4th grade class at Challenger Elementary on
October 30th; HGAC meeting on Solid Waste and the Oiler Drive Groundbreaking
ceremony on November 6th; Landscaping Committee meeting on November 8th; Citizens
Police Academy Graduation on November 9th. She congratulated Mary Hickling and
Yolanda Benitez on their graduation from the class.
Councilmember Tetens reported that he attended the Centennial Boulevard
Groundbreaking Ceremony on November 6th; and the HGAC Home Rule Cities Caucus
on November 7th where Mayor Reid was selected to the HGAC Board of Directors.
Councilmember Richardson reported that he attended the first planning session for
"Brazoria County Day" in Lake Jackson on October 30th; the Annexation Public Hearing
on November 4th; the Oiler Drive/Centennial Boulevard Groundbreaking on November
6th; and the Veterans Day festivities on November 11th. He commended the ROTC from
Pearland High School for their performance.
-179
Councilmember Wilkins reported that he attended the Oiler Drive Groundbreaking
Ceremony on November 6th. He inquired about the possibility of the Council receiving
a monthly financial report.
Councilmember Cole reported that
November 4th; the groundbreaking
Ceremony on November 11 th.
CITY MANAGER'S REPORT
he attended the Annexation Public Hearing on
ceremony on November 6th; and the Veterans Day
City Manager Paul Grohman announced that the Small Business Development Center
is hoping to move to a location in the City of Pearland. He reported that the work on
Centennial Boulevard has begun, and the estimated date of completion is the Fall of
1997, or sooner. Mr. Grohman pointed out that this is the largest road project the City
has ever built.
CITIZENS:
1. John Mark - 2029 Isla Drive. Mr. Mark stated that he was representing the
Pearland Historical Society and on their behalf, presented a check for $1000 to
Parks & Recreation Director Ed Hersh. He noted that these funds are to be used
for a wrought iron fence in the Old Settlers Cemetery . Mr. Mark also presented
a check for $100 in memory of the great, great grandson of one of the founders
of the community to be used towards a tree in the cemetery.
UNFINISHED BUSINESS: None
NEW BUSINESS:
Mayor Reid announced that New Business Item #2 would be taken first in lieu of the
number of citizens wishing to speak with regard to this item.
FIRST READING OF ORDINANCE NO. 755 - AN ORDINANCE EXTENDING THE CITY
LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN
CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL
OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; APPROVING A SERVICE
PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING
OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND
SEVERABILITY CLAUSE (SH 35 AND DIXIE FARM ROAD).
Councilmember Cole moved for the adoption of Ordinance No. 755 on its first reading.
The motion was seconded by Councilmember Richardson.
M
Henrietta Smith - Rt. 3, Box 307, Alvin, Texas. Mrs. Smith stated that she is still
opposed to being annexed into the City of Pearland. She noted that they would
like to be left in the country. Mrs. Smith asked if a study had ever been done with
regard to the number of Hispanics which would be brought in to the city by the
annexation and if this would change the voting in Pearland. She also inquired if
clearance had been obtained from the Attorney General's Office prior to initiating
the annexation process.
2. Vernon Smith - Rt. 3, Box 307, Alvin, Texas. Mr. Smith stated he was opposed to
the annexation. He stated that it was impossible for the City to install water and
sewer in the proposed area. Mr. Smith inquired about the number of annexations
that the city is undertaking this year, and how many acres of land are included in
these annexations, and how many acres did the city have as of January 1, 1996.
He also inquired about the possibility of negotiations with regard to the animal
codes and the oil and gas ordinances.
3. Johnnie Wallace - Rt. 3, Box 336, Alvin, Texas. Mr. Wallace asked if any studies
have been done with regard to the cost of running water and sewer to their
properties. He provided the Council with information concerning the properties
which he owns in the proposed annexation area. Mr. Wallace pointed out that the
City of Alvin had previously annexed this area, had attempted to install water and
sewer services for five years, and subsequently de -annexed the area. He thanked
the Council and staff for'providing the residents with answers to questions raised
at the public hearings.
4. J. H. "Bud" Edwards - Rt. 3, Box 361, Alvin, Texas. Mr. Edwards noted that the
proposed annexation area does not contain very much revenue-producing
property. He pointed out that they currently have all of the services that they
require. Mr. Edwards stated that the intersection at Walnut and S. Main is three
times worse than the intersection of Dixie Farm Road and SH 35. He
recommended that the Council set this annexation aside as it was not important
to the City.
5. John Alexander - SH 35. Mr. Alexander agreed with the statements made by Mr.
Edwards. He asked why the city was interested in annexing an area that was not
going to be of benefit to the city. Mr. Alexander also asked why the city wanted
to take on the EPA "condemned zone". He pointed out that the residents do not
want to be annexed and do not want to be told what they can and cannot do on
their property.
6. Mary Price - Rt. 3, Box 350, Alvin, Texas. Mrs. Price noted her apprehension at
investing money on their property (17 acres) and having new people come in and
tell them what kinds of animals they can have on their property. She noted her
opposition to the annexation. Mrs. Price asked if the City had reviewed any of the
environmental studies which have been done on the proposed annexation area,
especially pertaining to chemicals and oil spills in the ground. She expressed her
181
concern with regard to possible health problems which the residents and their
animals might be exposed to if the chemicals are disturbed. Mrs. Price voiced her
opposition to the annexation and requested that Council table this action.
7. Delie Stephens - 17000 EI Camino Real, Suite 104, Houston, TX. Ms. Stephens
announced that she is the attorney representing the residents of the proposed
annexation area. She asked that Council table this item and give further
consideration to the issues raised by the residents. Ms. Stephens requested that
Council schedule a meeting whereby the residents could meet with them to
discuss negotiations regarding the annexation. She also requested studies with
regard to the financial feasibility of going ahead with the annexation.
Councilmember Wilkins commented that he was upset by some of the racist remarks
made by the residents during their presentations, and noted that he wished to go on
record as being very embarrassed and ashamed by the remarks made.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
DOCKETED PUBLIC HEARINGS: Annexation Public Hearing - SH 288
Purpose of Hearing:
To discuss the proposed annexation of 1,385 acres, more or less, located in the
D. White Survey, Abstract No. 747; the W. W. Dupuy & L. Roberts Survey, Abstract
No. 726; the T.C.R.R. Co. Survey, Abstract No. 678; the William Morris Survey,
Abstract No. 344; the H.T.&B. RR Co. Survey, Section 85, Abstract No. 304; the
John W. Maxcy Survey, Abstract No. 675; the H.T.&B. RR Co. Survey, Section 81,
Abstract No. 300,; the R. B. Lyle Survey, Abstract No. 539; the R. B. Lyle Survey,
Section 88, Abstract No. 540; and the O. Pitts Survey, Abstract No. 717 of Brazoria
County, Texas.
Assistant City Manager Richard Burdine reviewed a map of the proposed annexation area
and explained the services to be provided.
There were no citizen comments either for or against the proposed annexation.
Mayor Reid inquired about the annexation of the roadway and City Manager Grohman
replied that it is not included in the proposed annexation.
The Docketed Public Hearing for the Proposed Annexation of 1,385 acres - SH 288 was
adjourned at 9:40 p.m.
The Council returned to the regular meeting agenda at 9:40 p.m.
FIRST READING OF ORDINANCE NO. 754 - AN ORDINANCE EXTENDING THE CITY
LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN
CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL
OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; APPROVING A SERVICE
PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING
OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND
SEVERABILITY CLAUSE (PINE OAKS).
Councilmember Wilkins moved for the adoption of Ordinance No. 754 on first reading.
The motion was seconded by Councilmember Cole.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole.
Voting "No" - None.
Motion passed 5 to 0.
AWARD OF BID NO. B96-17 - UNIFORMS
Assistant City Manager Burdine presented the recommendation of Fleet Manager Mike
Joyce to award the bid to RUS in the amount of $26,406.12.
Councilmember Tetens moved to award Bid No. B96-17 for Uniforms to RUS in the
amount of $26,406.12. The motion was seconded by Councilmember Richardson.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
AWARD OF BID NO. B96-14 - STORM SEWER IMPROVEMENTS TO
LONGHERRIDGE DRIVE.
City Engineer John Hargrove presented this item for Council consideration. He
recommended that the bid be awarded to C. E. Barker, Inc., in the amount of $31,622.37
for the base bid only.
Councilmember Beckman moved to award Bid No. B96-14 to C. E. Barker, Inc., in the
amount of $31,622.37 for the Base Bid Only. The motion was seconded by
Councilmember Tetens.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole.
r—
Voting "No" - None.
Motion passed 5 to 0.
RESOLUTION NO. R96-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, CHANGING THE REGULAR MEETING DATES IN DECEMBER, 1996,
DUE TO THE HOLIDAY SEASON.
City Manager Grohman recommended that two regular meetings be held on December
9th, as the Council will be holding a joint meeting with the school district on December
16th, as well as special meetings on the readings for the annexation ordinances on
December 17th and December 20th.
Councilmember Richardson moved to hold the first regular Council meeting in December
at 7:00 p.m. on December 9, 1996, and to hold the second regular Council meeting at
8:00 p.m. on December 9, 1996. The motion was seconded by Councilmember Cole.
Councilmember Tetens objected because he will be out of the country during this time
and this will cause him to miss two regular meetings.
Voting "Aye" - Councilmembers Beckman, Richardson, Wilkins and Cole.
Voting "No" - Councilmember Tetens.
Motion passed 4 to 1.
FIRST READING OF ORDINANCE NO. 509-100 - 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 ANIMAL HUSBANDRY
IN A SINGLE FAMILY DWELLING DISTRICT (R-1) ON LOT 16 BEING 6.0 ACRES OF
LAND OF THE EAST ONE-HALF (E'/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 HATFIELD RD. -SPECIFIC USE NO. 45)
ON 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 Tetens moved for the adoption of Ordinance No. 509-100 on first
reading. The motion was seconded by Councilmember Wilkins.
Mayor Reid read the letter of recommendation from the Planning & Zoning Commission.
HKi
•
10
Councilmember Tetens asked if any restrictions were placed on this specific use permit
or if all animal husbandry would be allowed. Mayor Reid read the recommendation as
stated on the letter from the Planning & Zoning Commission. Assistant City Manager
Burdine stated that two of the Planning & Commission members wanted to restrict the
usage, and the other four did not. He pointed out that under the current regulations, on
the amount of property that they own (6 acres), Mr. & Mrs. Hood are allowed up to 12
horses and 12 cows or a total of 24 horses and/or cattle. A lengthy discussion followed.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson and Beckman.
Voting "No" - Councilmember Tetens.
Motion passed 4 to 1.
RESOLUTION NO. R96-54 - 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 HOUSTON-GALVESTON AREA COUNCIL FOR
INCLUSION IN THE REGION'S METROPOLITAN LONG RANGE TRANSPORTATION
PLAN FOR THE CONSTRUCTION OF A GRADE SEPARATION AT MAGNOLIA STREET;
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL
DOCUMENTS ASSOCIATED WITH THE PROJECT AND TO ALLOCATE CURRENT
FUNDS AND ANTICIPATED BOND REVENUES FOR COSTS ASSOCIATED WITH THE
PROJECT.
Councilmember Beckman moved for the adoption of Resolution No. R96-54. The motion
was seconded by Councilmember Richardson.
Strategic Planning Coordinator Janet Berry made the presentation on this item.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole.
Voting "No" - None.
Motion passed 5 to 0.
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A THREE-YEAR
LEASE/PURCHASE AGREEMENT WITH FEDERAL SIGNAL LEASING CORPORATION
IN THE AMOUNT OF $65,847.84 PER YEAR TO ACQUIRE A REPLACEMENT VACTOR
TRUCK.
City Manager Paul Grohman requested that Council table this item in light of new
information which had just been received.
Councilmember Richardson moved to table this item. The motion was seconded by
Councilmember Tetens.
185
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
RESOLUTION NO. R96-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING AND APPROVING AN AMENDED PARTICIPATION
AGREEMENT WITH TEXPOOL, FOR PURPOSES OF INVESTING PUBLIC FUNDS.
Councilmember Cole moved for the adoption of Resolution No. R96-52. The motion was
seconded by Councilmember Tetens.
City Manager Grohman and City Attorney Amy McCullough presented this item for
Council consideration.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
RESOLUTION NO. R96-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING THE RESOLUTION OF BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 3 AUTHORIZING THE ISSUANCE OF $4,665,000
WATER WORKS AND SEWER SYSTEM COMBINATION UNLIMITED TAX AND REVENUE
BONDS, SERIES 1996.
Councilmember Wilkins moved for the approval of Resolution No. R96-53. The motion
was seconded by Councilmember Richardson.
Craig Rathmann of Rauscher-Pierce-Refnes presented this item for Council consideration.
He stated that the first sale of the bonds will take place in early December.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole.
Voting "No" - None.
Motion passed 5 to 0.
AUTHORIZE CITY MANAGER OR HIS DESIGNEE TO EXECUTE RELEASES FOR PAVING
LIENS ASSESSED AGAINST RAYBURN LANE RESIDENTS.
Councilmember Richardson made a motion to authorize the City Manager or his
designee to execute releases for paving liens assessed against Rayburn Lane residents.
The motion was seconded by Councilmember Tetens.
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 551.074 - DISCUSSION REGARDING APPOINTMENT OF ONE
(1) MEMBER TO THE PLANNING AND ZONING COMMISSION
The Council adjourned into Executive Session at 10:24 p.m.
The Council returned to Open Session at 10:33 p.m.
NEW BUSINESS (CONTINUED)
APPOINTMENT OF ONE (1) MEMBER TO THE PLANNING AND ZONING
COMMISSION.
Councilmember Wilkins moved to appoint Jack Mathis to the Planning and Zoning
Commission. The motion was seconded by Councilmember Richardson.
Mayor Reid read the resignation letter from Jeffery O'Brien.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole.
Voting "No" - None
Motion passed 5 to 0.
ADJOURNMENT
Meeting was adjourned at 10:36 p.m.
Min es approved as submitted and/or corrected this the Z day of
.-- , A. D., 1996.
Tom Reid
Mayor
ATTEST:
l;
)Yan a C. Benitez
City Secretary
187