1997-08-25 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON AUGUST 25, 1997, 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
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Helen Beckman
Larry Wilkins
William Berger
Richard Tetens
Paul Grohman
Amy McCullough
Young Lorfing
Others in attendance: Project Coordinator Alan Mueller; Police Chief Mike Hogg; City
Engineer John Hargrove; Planning and Community Development Director Dennis Smith;
Director of Finance David Castillo; Parks and Recreation Director Ed Hersh; Emergency
Management Director David Smith; Executive Director P.E.D.C. Glen Erwin; and
Advanced Intern Ruby Perez.
Members Absent: Councilmember Kevin Cole
INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was given by Police Chief Mike Hogg and the Pledge of Allegiance was
led by Director of Finance David Castillo.
APPROVAL OF MINUTES
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Helen Beckman
to approve the minutes of the Special Meeting at 7:00 p.m. held on August 4, 1997; the
Joint Public Hearing at 6:30 p.m.; the Public Hearing at 7:00 p.m. and the Regular
Council Meeting at 7:30 p.m. held on August 11, 1997.
Voting "Aye" Councilmembers Berger, Beckman, and Tetens.
Voting "No" None.
Voting "Abstain" Councilmember Wilkins.
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Motion Passed 3 to 0, 1 abstention, with Councilmember Cole being absent.
MAYOR'S ACTIVITY REPORT
Mayor Reid welcomed City Attorney, Amy McCullough's Mother, Sarah Mote from Tyler
to the meeting.
Mayor Reid presented a Proclamation to Connie Beaumont and Billye Everett with the
Pearland Hobby Area Chamber of Commerce and Glen Erwin with the Pearland
Economic Development Corporation proclaiming September 29 -October 3, 1997 "Salute
to Industry" Week. Powell Industries and Solvents & Chemical, Inc./Packaging Services,
Co., Inc. have been selected as "Industries of the Year" by the Pearland/Hobby Area
Chamber of Commerce and the Pearland Economic Development Corporation.
Mayor Reid's activities were as follows: on August 12 attended the Chamber's after
hours mixer at the First Community Bank and attended the Board Meeting of the Adult
Reading Center; August 14 attended a luncheon for the Heart Association and a
Drainage Plan meeting that City Engineer, John Hargrove conducted; August 18 met with
the Library Board; August 19 attended the Houston Galveston Area Council Meeting;
August 20 attended the Chamber Luncheon and the Brazoria County Cities Association
Meeting; and on August 21 attended Gulf Coast Water Authority Board Meeting.
COUNCIL'S ACTIVITY REPORTS:
Councilmember Wilkins reported that he attended the Chamber Luncheon and really
enjoyed the Director of Finance David Castillo's presentation regarding doing business
with the City of Pearland.
Councilmember Tetens stated he did not have anything to report at this time.
Mayor Pro -Tem Beckman reported that on August 12 she attended the business mixer
at First Community Bank; August 13 attended Adult Reading Center Board Meeting;
August 14 attended Regional meeting concerning regional composting and attended the
City's Drainage Plan meeting; August 16 attended the Citizen's Police Academy Alumni
Association Meeting and attended the initial meeting of the sixth class of the Citizens
Police Academy; August 18 met with the Library Board; August 20 attended Brazoria
Counties Cities Association Meeting and reported they had an excellent program on
subsidence and the use of surface water.
Councilmember Berger reported that on August 23 he attended the League of Women
Voters meeting and welcomed the President of the Austin Chapter.
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CITY MANAGER'S REPORT:
rij
City Manager, Paul Grohman stated that subsidence is a critical issue in our area and
that Brazoria County is the only county in the immediate area that is not in a subsidence
district. He discussed subsidence and stated that is an issue that the city is addressing.
City Manager, Grohman recapped a variety of grants the City will receive over the next
three years; Dixie Farm Road $13.5 million, Mykawa Road over $5. million, Overpass
at Magnolia $1.2 million, Traffic Enforcement Grant and Pollution Control Grant all
totaling in access of $22 million dollars.
CITIZEN'S:
Joanne Juren, 2115 Tipperary Dr., addressed Council stating she wanted to thank, Mr.
Jeff Brewer with the Ayrshire Corporation for withdrawing the petition for the Commercial
Development of the Volleyball Gym on Scarsdale. She presented Council a package of
351 voters signatures that are asking for that property to remain residential. Joanne
Juren thanked the City Manager, Paul Grohman and the staff for all the assistance she
received from the City regarding this matter.
Julia V. Connelly, 2119 Tipperary Drive, addressed Council stated the Joanne said
everything that she wanted to say. She also, thanked Mr. Grohman and the staff for the
assistance she received regarding this matter.
Mayor Reid formally recessed the Regular Council Meeting.
Mayor Reid formally opened the Docketed Public Hearing.
CALL TO ORDER
PURPOSE OF THE HEARING - A PROPOSAL TO INCREASE TOTAL TAX
REVENUES FROM PROPERTIES ON THE TAX ROLL IN 1996 BY 4.33 PERCENT.
Mayor Reid read the purpose of the docketed public hearing into the record.
STAFF REVIEW OF THE PROPOSED TAX INCREASE:
City Manager, Paul Grohman, advised council that due to the growth of the City the
property tax base values increased. Pursuant to the Truth in Taxation Laws we have to
publish a Notice of Tax Increase and conduct a hearing. He stated the property tax rate
will not be increased it is staying the same as last year $.6950/100.
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CITIZEN COMMENTS:
None.
COUNCIL/STAFF DISCUSSION:
M
City Manager Grohman, stated the City has exceeded over a billion dollars in taxable
value this year because of the consistent growth of the City. He also stated that the
Pearland Economic Development Corporation and the Chamber of Commerce are
working hard to bring new property tax values into the community, and he gave an
overview property tax homestead exemptions.
ADJOURNMENT OF DOCKETED PUBLIC HEARING: The Proposed Property Tax
Increase hearing was adjourned at 8:12 p.m.
Council returned to its Regular Meeting at 8:12 p.m.
UNFINISHED BUSINESS:
SECOND AND FINAL READING OF ORDINANCE NO. 810 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE
ENCROACHMENT OF A PRIVATE SWIMMING POOL INTO THE DEDICATED UTILITY
EASEMENT ON LOT 13, BLOCK 1, OF THE RUSTIC OAKS SUBDIVISION, LOCATED
AT 1618 INVERNESS LANE, IN THE CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS.
Councilmember Berger made the motion, seconded by Councilmember Wilkins to
approve Ordinance No. 810 on its second and final reading.
City Attorney Amy McCullough stated for the record, that there are some releases that
have to be executed by the interested utilities, and she has been advised by the party
requesting the encroachment that she should have these documents by the end of the
week. She ask Council to pass this Ordinance contingent upon the City receiving the
necessary releases.
Voting "Aye" Councilmembers Berger, Beckman, Tetens, and Wilkins.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Cole being absent.
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SECOND AND FINAL READING OF ORDINANCE NO. 811 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AND
RATIFYING THE ABANDONMENT OF EXCESS RIGHT-OF-WAY ALONG A PORTION
OF HARKEY ROAD AT ITS INTERSECTION WITH FM 518 (BROADWAY) FOR
PURPOSES OF REALIGNING SAID INTERSECTION, WITHIN THE CORPORATE CITY
LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE
AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Tetens to
approve Ordinance No. 811 on its second and final reading.
City Attorney, Amy McCullough, stated that we have received the executed easement
and are still waiting for some of the releases from the public utilities and they are
forthcoming. She ask that this Ordinance be passed contingent upon the City receiving
the necessary releases.
Voting "Aye" Councilmembers Wilkins, Tetens, Beckman and Berger.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Cole being absent.
SECOND AND FINAL READING OF ORDINANCE NO. 812 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CREATING A "MUNICIPAL
COURT BUILDING SECURITY FUND"; PROVIDING FOR ASSESSMENT AND
COLLECTION OF A MUNICIPAL COURT BUILDING SECURITY FEE UPON FINAL
CONVICTION; 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 CONTAINING
OTHER PROVISIONS RELATING TO THE SUBJECT.
Councilmember Tetens made the motion, seconded by Councilmember Wilkins to
approve Ordinance No. 812 on its second and final reading.
City Manager, Paul Grohman, stated this allows the users of the facility to pay the
penalty to fund the proper security for the facility. He also stated that close to fifty
percent of the money that is collected on traffic fines goes to the State.
Voting "Aye" Councilmembers Berger, Beckman, Tetens, and Wilkins.
Voting "No" None.
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52
Motion passed 4 to 0, with Councilmember Cole being absent.
Mayor Reid with concurrence of Council moved to New Business item number 1 on the
agenda.
FIRST READING OF ORDINANCE NO. 818 - AN ORDINANCE AUTHORIZING THE
ISSUANCE OF CITY OF PEARLAND, TEXAS CERTIFICATES OF OBLIGATION,
SERIES 1997A; PRESCRIBING THE TERMS AND FORM THEREOF; PROVIDING FOR
THE PAYMENT OF THE PRINCIPAL THEREOF AND INTEREST THEREON;
AWARDING THE SALE THEREOF; AUTHORIZING THE PREPARATION AND
DISTRIBUTION OF AN OFFICIAL STATEMENT TO BE USED IN CONNECTION WITH
THE SALE OF THE CERTIFICATES; MAKING OTHER PROVISIONS REGARDING
SUCH CERTIFICATES, INCLUDING USE OF THE PROCEEDS THEREOF, AND
MATTERS INCIDENT THERETO; AND DECLARING AN EMERGENCY.
Councilmember Wilkins made the motion, seconded by Councilmember Berger to
approve Ordinance No. 818 on its first reading.
Frank Ildebrando with Rauscher, Pierce Refsnes, Inc. and Bob Collie, Bond Attorney,
with Mayor, Day, Caldwell & Keeton, L.L.P. discussed with Council the sale of
$5,500,000 City of Pearland Certificates of Obligation Series 1997A.
City Manager, Paul Grohman stated that our tax rate remains stable. and our taxable
value has gone up. Our wiliness to provide infrastructure has increased and we keep
two months reserve in the Enterprise and General Fund accounts which means we are
very accounting sound.
Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, and Berger.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Cole being absent.
Mayor Reid with concurrence of Council moved to Unfinished Business item number 4
on the agenda.
SECOND AND FINAL READING OF ORDINANCE NO. 813 - 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 (McHARD ROAD AREA); APPROVING A SERVICE PLAN FOR ALL OF
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54
THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER
PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND
SEVERABILITY CLAUSE.
Councilmember Tetens made the motion, seconded by Councilmember Wilkins to
approve Ordinance No. 813 on its second and final reading.
City Manager, Paul Grohman, stated this is a pristine piece of property and he
recommend its approval.
Voting "Aye" Councilmembers Berger, Beckman, Tetens, and Wilkins.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Cole being absent.
City Attorney, Amy McCullough, informed Council that Ordinance No. 509-156
(Application Nos. 129, 130, and 131) and Ordinance No. 509-157 (Application No. 219)
could be acted upon together.
SECOND AND FINAL READING OF ORDINANCE NO. 509-156 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE
0-1 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 WESTCHESTER ESTATES
SUBDIVISION, TRACT 16, TRACT 17 AND TRACT 27, IN THE H.T. & B.R.R.
COMPANY SURVEY, A-242, BRAZORIA COUNTY, TEXAS. (APPLICATION NO. 129,
130, AND APPLICATION NO. 131) FROM THE CLASSIFICATION OF SUBURBAN
DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST
OF THE OWNERS OF SUCH REAL PROPERTY, 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 AND FINAL READING OF ORDINANCE NO. 509-157 - AN ORDINANCE OF
THE CITY COUNCIL 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 TRACT 35 IN WESTCHESTER
ESTATE SUBDIVISION IN THE H.T.&B.R.R. COMPANY SURVEY, A-242, BRAZORIA
COUNTY, TEXAS. (2816 MANVEL ROAD) (APPLICATION NO. 219) FROM THE
Page 7 of 19 - 8/25
CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL
BUSINESS (GB) AT THE REQUEST OF RUDOLPH J. STEPAN, 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.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Wilkins to
approve Ordinance No. 509-156 (Application Nos. 129, 130, and 131) and Ordinance No.
509-157 (Application No. 219) on their second and final reading.
Voting "Aye" Councilmembers Wilkins, Tetens, Beckman and Berger.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Cole being absent.
City Attorney, Amy McCullough, informed Council that Ordinance No. 509-158
(Application No. 186), Ordinance No. 509-159 (Application No. 218), Ordinance No. 509-
160 (Application No. 220) and Ordinance No. 509-161 (Application Nos. 172, 173, 175-
185 and Application Nos. 200-202) could be acted upon together.
SECOND AND FINAL READING OF ORDINANCE NO. 509-158 -AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY 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 LOT 18, MAHANAY SUBDIVISION, A PART
OF SECTION 15, H.T. & B.R.R. CO. SURVEY, A-241, BRAZORIA COUNTY, TEXAS
(6919 FITE ROAD)(APPLICATION NO. 186) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT
THE REQUEST OF DONALD R. & OPAL COTE, 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 AND FINAL READING OF ORDINANCE NO. 509-159 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY 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 LOT Q, SECTION 1, GARDEN ACRES
SUBDIVISION OF THE H.C. JOHNSTON 99 ACRE TRACT, ALSO BEING THE SOUTH
99 ACRES OF SECTION 7 OF THE H.T. & B.R.R. COMPANY SURVEY, A-219,
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55
BRAZORIA COUNTY, TEXAS (2447 GARDEN ROAD)(APPLICATION NO. 218) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-1) AT THE REQUEST OF HORACE W. PRICE, 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 AND FINAL READING OF ORDINANCE NO. 509-160 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, 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 LOT 5 BLOCK 3, SECTION 2 OF THE
GARDEN ACRES SUBDIVISION OF THE H.C. JOHNSTON 99 ACRE TRACT, ALSO
BEING THE SOUTH 99 ACRES OF SECTION 7 OF THE H.T. & B.R.R. COMPANY
SURVEY, A-219, BRAZORIA COUNTY, TEXAS (2608 LAZY BEND
STREET) (APPLICATION NO. 220) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT
THE REQUEST OF LARRY J. NAGGER, 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 AND FINAL READING OF ORDINANCE NO. 509-161 - AN ORDINANCE OF
THE CITY COUNCIL 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 SKYWAY MANOR SUBDIVISION, A
PART OF SECTION 15 OF THE H.T.& B.R.R. COMPANY, SURVEY, ABSTRACT 241
BRAZORIA COUNTY, TEXAS (APPLICATION NOS. 172,173,175-185 AND
APPLICATION NO. 200-202) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST
OF THE OWNERS OF SUCH REAL PROPERTY, 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 made the motion, seconded by Councilmember Tetens to
approve Ordinance No. 509-158 (Application No. 186), Ordinance No. 509-159
(Application No. 218), Ordinance No. 509-160 (Application No. 220) and Ordinance No.
509-161 (Application Nos. 172, 173, 175-185 and Application Nos. 200-202) on their
Second and final reading.
Page 9 of 19 - 8/25
Voting "Aye" Councilmembers Berger, Beckman, Tetens, and Wilkins.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Cole being absent.
NEW BUSINESS:
RESOLUTION NO. R97-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, DECLARING THE INTENT OF THE CITY COUNCIL TO
ENTER INTO AGREEMENTS FOR THE CREATION OF MUNICIPAL UTILITY
DISTRICTS WITHIN THE CORPORATE CITY LIMITS OF THE CITY OF PEARLAND
WHEN AND IF THE COUNCIL FINDS IT BENEFICIAL TO THE CITY.
Councilmember Berger made the motion, seconded by Councilmember Wilkins to
approve Resolution No. R97-52.
City Manager, Paul Grohman, discussed in City Municipal Utility Districts.
Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, and Berger.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Cole being absent.
City Attorney, Amy McCullough, informed Council that Ordinance No. 814 and
Ordinance No. 815 could be acted upon together.
FIRST READING OF ORDINANCE NO.
ADOPTING A BUDGET FOR THE FISCAL
AND ENDING SEPTEMBER 30, 1998.
814 - AN APPROPRIATION ORDINANCE
YEAR BEGINNING OCTOBER 1, 1997
FIRST READING OF ORDINANCE NO. 815 - AN ORDINANCE LEVYING TAXES FOR
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 1997, AND APPORTIONING EACH LEVY FOR THE SPECIFIC
PURPOSE.
Councilmember Berger made the motion, seconded by Mayor Pro -Tem Beckman to
approve Ordinance No. 814 and Ordinance No. 815 on their first reading.
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p. .5 8
City Manager, Paul Grohman, stated that in the proposed budget he is not requesting
a tax increase. There will be a 4.5 % increase in water and sewer rates because we
are getting prepared to get off of well water. He also stated it is a good budget and has
a tremendous amount of capital.
Voting "Aye" Councilmembers Berger, Beckman, Tetens and Wilkins.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Cole being absent.
FIRST AND ONLY READING OF ORDINANCE NO. 816 - 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 NORTHERLY DIRECTION AT ITS INTERSECTION WITH PINE
RIDGE LANE, UPON PINE HOLLOW DRIVE IN A SOUTHERLY DIRECTION AT ITS
INTERSECTION WITH PINE RIDGE LANE (PINE HOLLOW SUBDIVISION, SECTION
1-A); PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVING CLAUSE,
A SEVERABILITY CLAUSE AND A REPEALER 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 TRAVELING PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF
THE CITIZENRY.
Councilmember Tetens made the motion, seconded by Councilmember Wilkins to
approve Ordinance No. 816 on its first and only reading.
Voting "Aye" Councilmembers Wilkins, Tetens, Beckman and Berger.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Cole being absent.
COUNCIL ACTION - DIRECTIVE TO STAFF TO INITIATE A SERVICE PLAN FOR
ANNEXATION OF LAND IN THE COUNTY ROAD 89 AREA.
Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Beckman to
direct staff to initiate a Service Plan for annexation of land in the County Road 89 area.
Project Coordinator, Alan Mueller, presented the location of the proposed annexation.
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59
Voting "Aye" Councilmembers Wilkins, Tetens, Beckman and Berger.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Cole being absent.
COUNCIL ACTION - EXCUSE ABSENCE OF COUNCILMEMBER LARRY WILKINS
FROM THE REGULAR MEETING HELD ON AUGUST 11, 1997.
Councilmember Berger made the motion, seconded by Mayor Pro -Tem Beckman to
excuse the absence of Councilmember Larry Wilkins from the Regular Meeting held on
August 11, 1997.
Voting "Aye" Councilmembers Berger, Beckman, and Tetens.
Voting "No" None.
Voting "Abstain" Councilmember Wilkins.
Motion Passed 3 to 0, 1 abstention, with Councilmember Cole being absent.
RESOLUTION NO. R97- 43 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A DEVELOPMENT AGREEMENT WITH SOUTHWYCK SECTION THREE
LTD., A TEXAS GENERAL PARTNERSHIP, FOR THE CONSTRUCTION OF TWO
LANES OF SOUTHFORK DRIVE ALONG THE SOUTHERN BOUNDARY OF
SOUTHWYCK SECTION 3 PHASE 4.
Councilmember Berger made the motion, seconded by Councilmember Mayor Pro -Tem
Beckman to approve Resolution No. R97 -43 -
Project Coordinator, Alan Mueller, presented the location of the proposed roadway.
Voting "Aye" Councilmembers Berger, Beckman, Tetens, and Wilkins.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Cole being absent.
COUNCIL ACTION - AUTHORIZE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
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A QUITCLAIM DEED IN FAVOR OF PEARLAND WEST OAKS, LTD. REGARDING A
PORTION OF THE RIGHT-OF-WAY ABANDONED ALONG HARKEY ROAD AT ITS
INTERSECTION WITH FM 518 (BROADWAY).
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Tetens to
authorize the City Manager or his Designee to execute a Quitclaim Deed in favor of
Pearland West Oaks, LTD. Regarding a portion of the right-of-way abandoned along
Harkey road at its intersection with FM 518 (Broadway)
City Attorney, Amy McCullough, asked Council to approve this execution of a Quitclaim
Deed in order to make Pearland West Oaks, LTD. whole again since the realignment
of Harkey Road. She stated the City will still have the easement and will be able to use
the property for all intended public purposes.
Voting "Aye" Councilmembers Berger, Beckman, Tetens, and Wilkins.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Cole being absent.
FIRST READING OF ORDINANCE NO. 817 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, REQUIRING MITIGATION OF
INCREASED RUNOFF CAUSED BY DEVELOPMENT, PROVIDING FOR REGIONAL
DETENTION AS AN ALTERNATIVE, TO ALLEVIATE THE NECESSITY FOR LOCAL
DETENTION, PROTECT PEARLAND CITIZENS FROM FLOOD HAZARDS CREATED
BY DEVELOPMENT; PROVIDING FOR STATUTORY AUTHORIZATION AND
METHODS OF REDUCING FLOOD LOSSES; CONTAINING DEFINITIONS; 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 CONTAINING OTHER PROVISIONS
RELATING TO THE SUBJECT.
Councilmember Tetens made the motion, seconded by Councilmember Wilkins to
approve Ordinance No. 817 on its first reading.
City Engineer, John Hargrove, addressed the Ordinance in length and recommend its
approval.
Voting "Aye" Councilmembers Wilkins, Tetens, Beckman and Berger.
Voting "No" None.
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ret
M
Motion passed 4 to 0, with Councilmember Cole being absent.
RESOLUTION NO. R97- 48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A DEVELOPMENT AGREEMENT WITH AYRSHIRE CORPORATION FOR
THE EXTENSION OF WATER MAIN AND SEWER MAINS TO SERVE A 4.602 ACRE
TRACT ON SCARSDALE BOULEVARD SOUTHWEST OF BOGEY WAY.
Councilmember Wilkins made the motion, seconded by Councilmember Tetens to
approve Resolution No. R97-48.
Project Coordinator, Alan Mueller, gave a presentation regarding the location of the
extension of the water and sewer mains.
Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, and Berger.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Cole being absent.
RESOLUTION NO. R97- 51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, RECOGNIZING THE IMPORTANCE OF THE DEPARTMENT
OF THE U.S. ARMY CORPS OF ENGINEERS CLEAR CREEK FEDERAL FLOOD
CONTROL PROJECT AND ITS POTENTIAL IMPACT ON THE CITY'S DRAINAGE AND
FLOOD MITIGATION EFFORTS; AND URGING THE HARRIS COUNTY FLOOD
CONTROL DISTRICT AND THE U.S. ARMY CORPS OF ENGINEERS TO COMPLETE
THE PROJECT WITHOUT FURTHER DELAY.
Councilmember Berger made the motion, seconded by Councilmember Tetens to
approve Resolution No. R97-51.
Emergency Management Director, David Smith, gave an overview of the project and
expressed his concern and need for the City to support for the continuation of the
project.
Voting "Aye" Councilmembers Berger, Beckman, Tetens, and Wilkins.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Cole being absent.
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RESOLUTION NO. R97- 50 - A RESOLUTION INDICATING INTEREST TO GULF
.—. COAST WATER AUTHORITY IN PURCHASING WATER.
Councilmember Berger made the motion, seconded by Councilmember Wilkins to
approve Resolution No. R97-50.
City Manager, Paul Grohman stated that the use of water wells has an effect on the
subsidence and due to the subsidence it has become necessary to look for other
sources of water and this would be an opportunity for the City to do that.
Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, and Berger.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Cole being absent.
FIRST READING OF ORDINANCE NO. 509-162 - AN ORDINANCE OF THE CITY
COUNCIL 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 THE SANDOVAL SUBDIVISION, A
PART OF SECTION 15 IN THE H.T.&B.R.R. CO. SURVEY, A-241, BRAZORIA
COUNTY, TEXAS (APPLICATION NOS. 187-194) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-1) AT THE REQUEST OF THE OWNERS OF SUCH REAL
PROPERTY, 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 made the motion, seconded by Councilmember Berger to
approve Ordinance No. 509-162 on its first reading.
Voting "Aye" Councilmembers Berger, Beckman, Tetens, and Wilkins.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Cole being absent.
COUNCIL ACTION - REGARDING THE RECOMMENDATION FROM THE
PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY
(APPLICATION NO. 123) AT THE REQUEST OF FIDEL SANDOVAL, JR., OWNER,
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FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT
ORDINANCE OF SAID CITY CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO GENERAL BUSINESS (GB) ON THE FOLLOWING DESCRIBED
PROPERTY, TO -WIT: .213 ACRES IN THE WEST 1/2 OF THE NORTHWEST 1/4
OF THE NORTHEAST 1/4 OF SECTION 15, H.T.& B.R.R. CO. SURVEY, BRAZORIA
COUNTY, TEXAS (2714 MORENCI STREET)
Councilmember Wilkins made the motion, seconded by Councilmember Berger to
accept the recommendation of the Planning and Zoning Commission to deny
Application No. 123.
Mayor Reid read into the record the Planning & Zoning Commission's
recommendation to deny (Application 123).
Voting "Aye" Councilmembers Berger, Beckman, Tetens, and Wilkins.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Cole being absent.
COUNCIL ACTION - AWARD OF BID NO. B97-5 FOR A JET RODDERNACUUM
TRUCK.
Councilmember Wilkins made the motion, seconded by Councilmember Berger
to place the awarding of Bid No. B97-5 on the table for discussion.
The following Suppliers addressed Council regarding the Jet RodderNacuum Truck
they bid for the City: Tommy Stoneman, 13311 Garden Road, Texas Underground
and Todd Parsons, 205 N. Richey, Texas Environmental Supply and Systems
There was lengthy discussion regarding a Jet RodderNacuum Truck, the City's need
for a this vehicle and the performance that is required.
After all of the discussion City Manager, Paul Grohman, stated that staff had
evaluated the equipment and it is their recommendation to award the bid to Texas
Environmental Supply and Systems for the Vactor Truck.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Beckman to
award Bid No. B97-5 to Texas Environmental Supply and Systems in the amount of
$187,270.00 with no trade in.
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Z
Voting "Aye" Councilmembers Berger, Beckman, Tetens, and Wilkins.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Cole being absent.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session under Texas Government Code at 10:15
p.m. to discuss the following:
1. SECTION 551.071 - CONSULTATION WITH ATTORNEY
REGARDING PENDING LITIGATION - DISCUSSION
REGARDING HL&P FRANCHISE FEE CLASS ACTION
LAWSUIT.
2. SECTION 551.071 - CONSULTATION WITH ATTORNEY
REGARDING POTENTIAL LITIGATION - DISCUSSION
REGARDING TOM LEONARD.
3. SECTION 551.074 - PERSONNEL MATTERS: DISCUSSION
REGARDING THE CITY MANAGER'S APPOINTMENT OF
ASSISTANT CITY MANAGER / PUBLIC WORKS DIRECTOR OR
RELATED POSITION.
Council returned from executive session at 11:40 p.m.
NEW BUSINESS (CONTINUED):
COUNCIL ACTION - INSTRUCTION TO CITY ATTORNEY REGARDING HL&P
FRANCHISE FEE CLASS ACTION LITIGATION.
Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Beckman to
instruct the City Attorney to communicate with H.L. &P. regarding the H.L.&P.
Franchise Fee Class Action Lawsuit according with discussions held in Executive
Session.
Voting "Aye" Councilmembers Berger, Beckman, Tetens, and Wilkins.
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Voting "No" None.
0
Motion passed 4 to 0 with Councilmember Cole being absent.
COUNCIL ACTION - INSTRUCTION TO CITY ATTORNEY REGARDING TOM
LEONARD.
Councilmember Wilkins made the motion, seconded by Councilmember Berger to
instruct the City Attorney to communicate with Tom Leonard regarding attorneys fees
in accordance with discussions held in Executive Session.
Voting "Aye" Councilmembers Berger, Beckman, Tetens, and Wilkins.
Voting "No" None.
Motion passed 4 to 0 with Councilmember Cole being absent.
COUNCIL ACTION - RATIFICATION OF CITY MANAGER'S APPOINTMENT OF
ASSISTANT CITY MANAGER / PUBLIC WORKS DIRECTOR OR RELATED
POSITION.
Councilmember Wilkins made the motion, seconded by Councilmember Berger to
to ratify the City Manager's appointment of the Public Works Director.
Voting "Aye" Councilmembers Berger, Beckman, Tetens, and Wilkins.
Voting "No" None.
Motion passed 4 to 0 with Councilmember Cole being absent.
ADJOURNMENT
Meeting was adjourned at 11:45 p.m.
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Minutes approved as submitted and/or corrected this the &Z- day of
A,, A.D., 1997.
61,
Tom Reid
Mayor
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