Loading...
1997-09-08 CITY COUNCIL REGULAR MEETING MINUTES1 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON SEPTEMBER 8,1997, 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 Councilmember City Manager City Attorney City Secretary Tom Reid Helen Beckman Larry Wilkins Kevin Cole William Berger Richard Tetens Paul Grohman Amy McCullough Young Lorfing Others in attendance: Project Coordinator Alan Mueller; Police Chief Mike Hogg; Assistant Police Chief J.C. Doyle; 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; and Advanced Intern Ruby Perez. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Police Chief Mike Hogg and the Pledge of Allegiance was led by Emergency Management Director David Smith. APPROVAL OF MINUTES Councilmember Tetens made the motion, seconded by Councilmember Wilkins to approve the minutes of the Joint Public Hearing at 6:30 p.m.; and the Regular Council Meeting at 7:30 p.m. held on August 25, 1997. Voting "Aye" Councilmembers Berger, Beckman, Tetens and Wilkins. Voting "No" None. Voting "Abstain" Councilmember Cole. Motion Passed 4 to 0; 1 abstention. Page 1 of 11 - 9/8 MAYOR'S ACTIVITY REPORT Mayor Reid introduced Doug Smith, President, of the Pearland 100 Club. Mr. Smith presented a plaque from the Pearland 100 Club to Officer Troy Maschue naming him "Officer of the Year". Mayor Reid asked Emergency Management Director, David Smith, to give an update from the Clear Creek Water Shed Meeting held on September 5, 1997. Mr. Smith stated that they had a good meeting. All four counties, Harris, Galveston, Brazoria, and Ft. Bend were well represented; and also the Colonel from the Corps of Engineers attended. He further stated it was a very positive meeting and thanked the City officials and all others that attended the meeting. COUNCIL'S ACTIVITY REPORTS: Councilmember Cole stated that on the subject of drainage, there has been a Citizens Advisory Committee formed to bring the Environmental Groups, Cities, Engineers, and Development Groups together to discuss regionalized detention. He also stated that everybody on the Committee realizes the need for flood control. Councilmember Berger extended his appreciation and thanked City Manager, Paul Grohman, and Project Coordinator, Alan Mueller for the great presentation given to the West Lea residents at the meeting held at the V.F.W. Hall on August 26, 1997. Councilmember Berger stated that the meeting has made a sensitive topic very understandable and that most people had a better appreciation of what the City is trying to accomplish. Mayor Pro -Tem Beckman reported on September 3 she attended the Adult Reading Center Board Meeting; September 4 the Chamber's Business Mixer at Roy Schugart's Glass; and on September 6 she participated in Clean Pearland's Annual Fall Clean Up and picked up trash along John Lizer Road. Councilmember Tetens and Councilmember Wilkins stated they did not have anything to report at this time. CITY MANAGER'S REPORT: City Manager, Paul Grohman, gave accolades back to Councilmember Berger for setting up the meeting with the West Lea residents. Mr. Paul Grohman advised Council of other major events going on. He stated that the Page 2 of 11 - 9/8 LOM City did get a Park Grant and Clean Pearland and the Church of the Latter Day Saints are going to do work and contribute money for the City's match. They will tie a trail system from Pasternak Park into the trail system at Independence Park. He stated we also received our Emergency Management Audit, which means we are in compliance with all of the State rules. Mr. Grohman complemented David Smith for having a successful meeting regarding flooding and drainage. He also advised that there has been a recent police matter regarding a stand-off. It was handled good, the Police Department did an outstanding job and no one was hurt. Mr. Grohman introduced Jerry and Judy Burns. He then announced that Jerry will be our new Public Works Director and will be a great addition to our staff. CITIZEN'S: Joseph Shunta, 2626 North Blvd., Houston, addressed Council regarding dove hunting on recently annexed acreage. Mr. Shunta stated that he is a small business owner, and they have several thousand acres that he represents on west side of Hwy 288 on FM 518. He said that he has 50-100 dove hunters that pay him money to hunt every year and he is asking to be grandfathered allowing them to continue to dove hunt. Executive Director of Clean Pearland, Delores Fenwick, read a letter to Council from "Keep America Beautiful" congratulating Clean Pearland Incorporated for winning second place in the 1997 "Keep America Beautiful" Systems Award in the population group of 15,001 to 30,000. Delores Fenwick or a designee is invited to the Awards Luncheon on Saturday, December 6, 1997, at the J.W. Marriott Hotel in Washington D.C. to receive the award. Lowell L. Beck, 2313 Country Club, addressed Council regarding the proposed tax increase. Mr. Beck gave examples of other City's property tax on an average home with a value of $100,000, and addressed other various City taxes. He also addressed the City budget, employees, and City owned vehicles. Mr. Beck urges Council to turn the projected tax revenues into a lower tax rate for all property owners, demand effective management, and increase productivity. UNFINISHED BUSINESS: City Attorney, Amy McCullough, informed Council that Ordinance No. 814 and Ordinance No. 815 could be acted upon together. SECOND AND FINAL READING OF ORDINANCE NO. 814 - AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER Page 3 of 11 - 9/8 1, 1997 AND ENDING SEPTEMBER 30, 1998. SECOND AND FINAL 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 second and final reading. 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. Mayor Reid called for the vote on Ordinance No. 814 pursuant to the previous motion. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. Mayor Reid called for the vote on Ordinance No. 815 pursuant to the previous motion. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. SECOND AND FINAL 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, Page 4 of 11 - 9/8 CODIFICATION, AND AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Councilmember Berger made the motion, seconded by Councilmember Wilkins to approve Ordinance No. 817 on its second and final reading. City Manager, Paul Grohman, stated that City Engineer, John Hargrove presented this Ordinance at the last meeting. Mr. Grohman advised Council that he recommends the approval of this Ordinance. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. SECOND AND FINAL 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. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Tetens to approve Ordinance No. 509-162 (Application Nos. 187-194) on its second and final reading. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. NEW BUSINESS: Page 5 of 11 - 9/8 FIRST READING OF ORDINANCE NO. 820 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING CHARGES FOR WATER AND SEWER SERVICES FURNISHED BY THE CITY, AS PROVIDED IN CHAPTER 30, ARTICLE Il, SECTION 30-38 OF THE CODE OF ORDINANCES; REPEALING PREVIOUS WATER AND SEWER SERVICE RATE SCHEDULES; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND FOR CODIFICATION. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Beckman to approve Ordinance No. 820 on its first reading. City Manager, Paul Grohman, stated that in an effort to help reduce subsidence in the City, it has become necessary to move away from well water and use surface water. He also stated that surface water is more expensive than our own well water and that this is the first increase in the water and sewer fees three years. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. CONSIDERATION AND POSSIBLE ACTION - AWARD OF BID NO. B97-13 FOR A FIRE TRAINING TOWER. Councilmember Wilkins made the motion, seconded by Councilmember Cole to discuss the awarding of the Fire Training Tower. Emergency Management Director, David Smith stated that this is the third time to bid this project. Mr. Smith said Fire Facilities Inc., was the only bidder, and recommended that Council award Bid No. B97-13 to Fire Facilities Inc., for a 4 Story Fire Training Tower in the amount of $183,617; and the amount of $71,700, to provide for the steel erection of the facility on a foundation that will be provided by the City. He also stated that the Pearland Volunteer Fire Department is funding the entire amount of $255,317 for the purchase and erection of the fire training tower. Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Beckman to award Bid B97-13 for a 4 Story Fire Training Tower, to Fire Facilities, Inc., in the amount of $255,317; and the funding of this project will be paid for by the City of Pearland Volunteer Fire Department. Page 6 of 11 - 9/8 Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. CONSIDERATION AND POSSIBLE ACTION - EXCUSE ABSENCE OF COUNCILMEMBER KEVIN COLE FROM THE REGULAR MEETING HELD ON AUGUST 25, 1997. Councilmember Wilkins made the motion, seconded by Councilmember Tetens to excuse the absence of Councilmember Kevin Cole from the Regular Meeting held on August 25, 1997. Voting "Aye" Councilmembers Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Voting "Abstain" Councilmember Cole. Motion Passed 4 to 0; with 1 abstention. RESOLUTION NO. R97-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REQUESTING THAT THE BRAZORIA COUNTY COMMISSIONERS' COURT COMMIT ADDITIONAL LIBRARY PERSONNEL TO STAFF THE NEW LIBRARY FACILITY PROPOSED BY THE CITY OF PEARLAND. Councilmember Cole made the motion, seconded by Mayor Pro -Tem Beckman to approve Resolution No. R97-54. City Manager, Paul Grohman, stated that this is a request of the Council for additional staffing that will be needed for the new library. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. RESOLUTION NO. R97-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ASSIGNING THE AUTHORITY TO ISSUE QUALIFIED Page 7 of 11 - 9/8 u MORTGAGE REVENUE BONDS TO BRAZORIA COUNTY AS A SPONSORING POLITICAL SUBDIVISION OF THE SOUTHEAST TEXAS HOUSING FINANCE CORPORATION. Councilmember Berger made the motion, seconded by Councilmember Cole to approve Resolution No. R97-53. City Manager, Paul Grohman, stated that this is a routine resolution that we adopt once annually. He said since Pearland does not have a Housing Authority, this resolution allows Brazoria County to administer the program. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 819 - 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 BARRY ROSE ROAD IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH SCHLEIDER DRIVE, UPON BARRY ROSE ROAD IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH SCHLEIDER DRIVE; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS 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 TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Wilkins to approve Ordinance No. 819 on its first and only reading. Police Chief, Mike Hogg, advised Council that Schleider Drive is a new roadway and traffic control is needed at the intersection of Barry Rose. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. Page 8 of 11 - 9/8 87 -- CONSIDERATION AND POSSIBLE ACTION - REMOVAL OF BOBBY WILLIAMS AS ASSOCIATE MUNICIPAL JUDGE DUE TO HEALTH CONCERNS RESULTING IN HIS INABILITY TO PERFORM DUTIES. Councilmember Tetens made the motion, seconded by Councilmember Cole to remove Bobby Williams as Associate Municipal Judge, due to health concerns resulting in his inability to perform duties. City Manager, Paul Grohman, advised Council that Mr. Williams' health does not allow him to work any longer. Mr. Grohman stated Mr. Williams did a great job for the City and he will be missed. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None Motion passed 5 to 0. City Attorney, Amy McCullough, informed Council that Ordinance No. 509-163 (Application No. 216) and Ordinance No. 509-164 (Application No. 217) could be acted upon together. FIRST READING OF ORDINANCE NO. 509-163 - 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 LOT 23 IN THE ALLISON-RICHEY GULF COAST HOME CO. SUBURBAN GARDENS SUBDIVISION OF SECTION 8 OF THE H.T.& B.R.R. SURVEY A-504, RECORDED IN VOLUME 2, PAGE 23 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS. (5523 BROADWAY) (APPLICATION NO. 216) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF JO MAPLES, AGENT FOR BILLY E. HOLLY, 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. FIRST READING OF ORDINANCE NO. 509-164 - 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 Page 9 of 11 - 9/8 CERTAIN REAL PROPERTY ALL OF LOTS 28 AND 30 AND PART OF LOT 29 IN THE WESTCHESTER ESTATES SUBDIVISION OUT OF H.T.&B.R.R. COMPANY SURVEY, A-242, BRAZORIA COUNTY, TEXAS. (APPLICATION NO. 217) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF GLENN McDOWELL, BROOKS & SPARKS, INC. AGENT FOR EDWIN H. HARRIS, SR., EDWIN H. HARRIS JR., AND MATILYN LOUISE BULLARD 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 Wilkins made the motion, seconded by Councilmember Berger to approve Ordinance No. 509-163 (Application No. 216) and Ordinance No. 509-164 (Application No. 217) on their first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 216) and (Application No. 217) Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-165 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF GRANTING A SPECIFIC USE PERMIT FOR A MANUFACTURED HOME TO BE USED AS AN OFFICE IN A LIGHT INDUSTRIAL ZONE (M-1) ON THE FOLLOWING PROPERTY, TO -WIT: 1.384 ACRES OUT OF LOT 35, H.T.&B.R.R. COMPANY SURVEY NUMBER 4, A-545, BRAZORIA COUNTY, TEXAS. (4901 SHANK ROAD) (SPECIFIC USE PERMIT NO. 56) AT THE REQUEST OF CAROLYN SMITH, AGENT FOR ALL STATE VACUUM SERVICE INC., 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 made the motion, seconded by Councilmember Berger to approve Ordinance No. 509-165 (Specific Use Permit No. 56) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Specific Use Permit No. 56). Page 10 of 11 - 9/8 Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. OTHER BUSINESS: None. ADJOURNMENT Meeting was adjourned at 9:20 p.m. Minutes approved as submitted and/or corrected this the "1?— 1-1 lle� day of A.D., 1997. Tom Reid Mayor Page 11 of 11 - 9/8