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1995-05-08 CITY COUNCIL REGULAR MEETING MINUTES14 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MAY 8, 1995, 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 Pro Tem/Councilmember Councilmember Councilmember Councilmember Councilmember Councilmember Elect Councilmember Elect City Manager City Attorney Interim City Secretary David Smith Richard Tetens Jerry Richardson D. A. Miller Randy Weber Helen Beckman Kevin Cole Paul Grohman Amy McCullough Tommie Jean Vial Others in attendance: Assistant City Managers Glen Erwin and Richard Burdine; City Engineer John Hargrove; and Police Chief Mike Hogg. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Richardson. The Pledge of Allegiance was led by Councilmember Tetens. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Richardson, that the minutes of the Joint Public Hearing of April 24, 1995, be approved as presented. Motion passed 5 to 0. It was moved by Councilmember Tetens, seconded by Councilmember Richardson, that the minutes of the Regular Meeting of April 24, 1995, be approved as presented. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT A proclamation was issued by Mayor Pro Tem Smith, with the assistance of Police Chief Mike Hogg, proclaiming May 13-19, 1995 as National Police Week in Pearland. Chief Hogg informed the Police Department Annual Awards ceremony will be held this Friday, May 12, 1995 in the Council Chambers and invited all to attend. Mr. Jerome Aldrich, the recently elected District Atto2:ney for Brazoria County will be the guest speaker. COUNCIL ACTIVITY REPORTS Councilmember Miller did not report. Councilmember Tetens reported he attended the Council/Economic Development Board Joint Workshop, held Friday May 5. He said it was a very informative and productive meeting. Councilmember Weber also attended the May 5, joint workshop. Councilmember Richardson reported on his attendance to the joint workshop on May 5. He said it was an excellent meeting and that 15 the facilitator had many good ideas on attracting industries to Pearland. Councilmember Smith informed he attended both a Saturday and Sunday function at the VFW Hall. He also reported on attending the joint workshop on May 5, where many good ideas on economic development were presented. CITY MANAGER'S REPORT City Manager Paul Grohman advised that the expansion and construction of the Service Center and Animal Control facilities on Old Alvin and Orange were still in process. He also advised they had met with planners on the Clear Creek Detention project and, hopefully, will be working closely with Brazoria County Drainage District #4 within the next few weeks. Mr. Grohman informed we will be sending out Request for Proposals for engineering on the Dixie Farm Road project, federal grant money. He said we are also a step closer to getting federal grant money on the Hughes Road extension. Mr. Grohman advised he received a positive letter from Ms. Cynthia Rich of the Federal Aviation Administration regarding Clover Field. Ms. Rich, the third highest ranking person at the FAA, informed she is instructing the Regional Office to assist us in moving our grant request forward. Mr. Grohman said we have had several inquiries from business prospects since the passage of our 1/20 sales tax for economic development. One company in particular, who has shown interest in Pearland, is a high-tech business, world-wide, employing approxi- mately 100 employees. City Manager Grohman stated our new Emergency Operations Center was r"" given the test today for the first time during the heavy rains and it was a success. He invited all to come by the E.M.S. Building to take a look at this first class operation. Mr. Grohman informed construction on 518 at its intersection with Byron will begin at 3:00 a. m. Saturday, May 13 and, hopefully, will be completed by 10:00 p.m. One side of Byron will be opened at a time, which might create a problem; however, we will have uniformed officers directing the traffic during this period. It was pointed out that construction on the bridge on Dixie Farm Road at Clear Creek will begin around June 1, and that possibly the road could be closed for at least six months. CITIZENS 1. Robin Simmons, Waste Management of Southeast Texas. Ms. Simmons informed that a pilot program on apartment recycling began on May 1, starting with Banfield Properties. She said they should have the results of this program, hopefully, within three months, at which time a report will be submitted to the City. In answer to a question posed, Ms. Simmons said that trash cans were the biggest problem they have when collecting our trash. She explained that when new residents move in, they are not aware that the use of trash cans is prohibited. In comparing our recycling stream with other cities our size, Ms. Simmons said we were in line. Revenues are calculated by the weight of the recyclable materials that are picked up, she informed. City Manager Paul Grohman informed that Mike Gerber, from Senator Gramm's office, will be in Pearland on Monday, May 15, 1995. This meeting is open to the public and will be held in the Council Chambers at 12 Noon. Mr. Gerber will be giving an update of things happening in Washington and will try to answer any questions the citizenry might have. i® BUSINESS ORDINANCE NO. 509-62, AMENDMENT TO THE LAND USE ORDINANCE, CHANGING CLASSIFICATION OF PROPERTY ON HALIK ROAD FROM COMMERCIAL (C) TO LIGHT INDUSTRIAL (M-1) AT REQUEST OF ROBERT I. ELLIS, JR., OWNER. Ordinance No. 509-62 read in caption by Councilmember Richardson (second reading). It was moved by Councilmember Richardson, seconded by Councilmember Weber that Ordinance No. 509-62 be approved on second reading. Said Ordinance No. 509-62 reads in caption as follows: ORDINANCE NO. 509-62 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 HALIK ROAD FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF ROBERT I. ELLIS, JR., 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. Voting "Aye" - Councilmembers Miller, Tetens, Weber, Richardson, and Smith. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 110-G, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TERAS, AMENDING SECTIONS 9-55 AND 9-56 OF CHAPTER 9 OF THE CITY OF PEARLAND CODE OF ORDINANCES, ELECTRICITY, FOR PURPOSES OF CLARIFYING RENEWAL PROCEDURES AND INCREASING THE FEE FOR INACTIVE STATUS Ordinance No. 110-G read in caption by Councilmember Weber (second reading). It was moved by Councilmember Weber, seconded by Councilmember Richardson, that Ordinance No. 110-G be approved on second reading. Said Ordinance No. 110-G reads in caption as follows: NO. 110-G AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTIONS 9-55 AND 9-56 OF CHAPTER 9 OF THE CITY OF PEARLAND CODE OF ORDINANCES, ELECTRICITY, FOR THE PURPOSES OF CLARIFYING RENEWAL PROCEDURES AND INCREASING THE FEE FOR INACTIVE STATUS; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Miller, Tetens, Weber, Richardson, and Smith. Voting "No" - None. Motion passed 5 to 0. MOTION TO REMOVE FROM TABLE ORDINANCE NO. 692 It was moved by Councilmember Richardson, seconded by Councilmember Tetens to remove from table Ordinance No. 692. 17 Voting "Aye" - Councilmember Miller, Tetens, Weber, Richardson, and Smith. Voting "No" - None. Motion passed 5 to 0. REVISED ORDINANCE NO. 692, AN ORDINANCE DECLARING IT UNLAWFUL FOR ANY PERSON TO OPERATE, DRIVE, RIDE, PUSH, PARK, OR OTHERWISE CONTROL A MOTOR VEHICLE UPON THE GROUNDS OF ANY CITY PARK OR UPON r" ANY MUNICIPALLY OWNED PROPERTY THAT IS NOT A PAVED ROADWAY, A CLEARLY DESIGNATED PARKING AREA, OR AN AREA OTHERWISE DESIGNED FOR THAT PURPOSE AND DECLARING AN EMERGENCY Ordinance No. 692 read in caption by Councilmember Tetens (first and only reading). It was moved by Councilmember Tetens, seconded by Councilmember Richardson, that Ordinance No. 692 be approved on first and only reading. Said revised Ordinance No. 692 reads in caption as follows: NO. 692 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING IT UNLAWFUL FOR ANY PERSON TO OPERATE, DRIVE, RIDE, PUSH, PARK OR OTHERWISE CONTROL A MOTOR VEHICLE UPON THE GROUNDS OF ANY CITY PARK OR UPON ANY MUNICIPALLY OWNED PROPERTY THAT IS NOT A PAVED ROADWAY, A CLEARLY DESIGNED PARKING AREA, OR AN AREA OTHERWISE DESIGNATED FOR THAT PURPOSE; DECLARING AN EMERGENCY, AS THE NEED TO ESTABLISH CLEARLY DEFINED REGULATIONS OF MOTOR VEHICLES IN PARKS AND UPON MUNICIPALLY OWNED PROPERTY BEARS DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENRY; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLI- CATION AND AN EFFECTIVE DATE. City Attorney Amy McCullough informed she had amended this ordinance by redacting the possessive language that was discussed at the last meeting. She said the ordinance presented is to give police officers discretion on enforcement if the need arises. The intent of the ordinance is to prevent persons from riding dirt bikes, mopeds, three-wheelers, etc., in the parks. Ms. McCullough also informed an exclusionary clause was included in the ordinance that will allow the City to provide parking on a temporary basis. City Manager Paul Grohman advised that the school has been contacted, but we have not officially received an answer. They can subsequently be included at a later date simply by amending the ordinance. Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Miller, and Smith. Voting "No" - None. 0� Motion passed 5 to 0. NEW BUSINESS RECEIVE INTO RECORDS SUBMISSION FROM PLANNING AND ZONING REGARDING AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, APPLICATION NO. 56, ROY RAMSEY, AGENT FOR ETHEL M. RAMSEY, OWNER Assistant City Manager Richard Burdine advised that the Planning and Zoning Commission had denied this request. It was moved by Councilmember Miller, seconded by Councilmember Richardson, that the letter from the Planning and Zoning Commission io dated April 25, 1995, be received into the City records. Said letter reads as follows: April 25, 1995 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: Recommendation to the City Council on Application No. 56, Request of Roy Ramsey, Agent for Ethel M. Ramsey, Owner for an Amendment to the Land use and Urban Development Ordinance from Classification Single Family Dwelling District (R-2) to Mobile Home Park District (MH). Honorable Mayor and Council Members: The Planning and Zoning Commission, at a regular meeting held on April 24, 1995, after the joint public hearing, considered the above mentioned recommendation to the City Council. Vice Chairman Pat Lopez made the motion, seconded by Commissioner Kevin Cole, to recommend that City Council deny Application No. 56. Motion passed 6 to 0. Chairman Emil Beltz abstained. This is submitted for your consideration. Sincerely yours, /s/ Emil Beltz, Chairman Planning & Zoning Commission EB/wks Voting "Aye" - Councilmembers Miller, Tetens, Weber, Richardson, and Smith. Voting "No" - None. Motion passed 5 to 0. COUNCIL DECISION ON AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, APPLICATION NO. 56, ROY RAMSEY, AGENT FOR ETHEL M. RAMSEY, OWNER It was moved by Councilmember Weber, seconded by Councilmember Richardson, to accept the recommendation of the Planning & Zoning Commission, of denial of zone change request, Application No. 56. Voting "Aye" - Councilmember Richardson, Weber, Tetens, Miller, and Smith. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 509-63, AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, FROM SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DISTRICT (R-2) AT REQUEST OF JOHN ENGLISH, REKHA ENGINEERING, AGENT FOR RENEE WEST, OWNER Ordinance No. 509-63 was read in caption by Councilmember Richardson (first reading). It was moved by Councilmember Richardson, seconded by Councilmember Tetens, to approve Ordinance No. 509-63 on first reading. 19 Said Ordinance No. 509-63 reads in caption as follows: ORDINANCE NO. 509-63 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 SOUTH OF WEST OAKS SUBDIVISION FROM CLASSIFICA- TION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-2) AT THE REQUEST OF JOHN ENGLISH, �I REKHA ENGINEERING, INC., AGENT FOR RENEE WEST, PEARLAND WEST OAKS VILLAGE, SECTION ONE, LTD., 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. Voting "Aye" - Councilmembers Miller, Tetens, Weber, Richardson, and Smith. Voting "No" - None. Motion passed 5 to 0. Mayor Pro Tem David Smith informed a letter had been received from Kevin Cole, Councilmember Elect, resigning his position on the Planning and Zoning Commission effective immediately. RESOLUTION NO. R95-30, A RESOLUTION AND ORDER CANVASSING THE RETURNS OF THE MAY 6, 1995 CITY OFFICERS' ELECTION Resolution No. R95-30 read in caption by Councilmember Weber. r� Councilmember Weber also read the election returns into the record, noting that there were cast 328 valid and legal votes; that Helen Beckman was elected to Member of the Council, Position One, with -% 282 votes (100$); and that Kevin Cole was elected to Member of the Council, Position Five, with 275 votes (100°x). It was moved by Councilmember Weber, seconded by Councilmember Richardson, that Resolution No. R95-30 be approved. Said Resolution No. R95-30 reads in caption as follows: RESOLUTION NO. R95-30 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE CITY OFFICERS' ELECTION HELD IN THE CITY OF PEARLAND, TEXAS, ON MAY 6, 1995 Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Miller, and Smith. Voting "No" - None. Motion passed 5 to 0. Mayor Pro Tem Smith advised of a letter received from a citizen commending John Hobson and the Animal Control Staff for finding his two dogs. ISSUANCE OF CERTIFICATE OF ELECTION TO NEWLY ELECTED OFFICIALS Mayor Pro Tem Smith issued Certificates of Election to newly elected Councilmembers Helen Beckman and Kevin Cole. ION OF OATH OF OFFICE TO NEWLY ELECTED OFFICIALS Justice of the Peace Bill Todd administered the Oaths of Office to Councilmembers Helen Beckman and Kevin Cole.