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1997-11-24 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 24, 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 Tom Reid Mayor Pro -Tem Helen Beckman Councilmember Larry Wilkins Councilmember Kevin Cole Councilmember Richard Tetens Councilmember William Berger City Manager Paul Grohman Assistant City Attorney Darrin Coker City Secretary 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; Public Works Director Jerry Burns; Communication Specialist John Knight; Assistant Executive Director PEDC John Bowman; and Advanced Intern Ruby Perez. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Tetens and the Pledge of Allegiance was led by Assistant City Attorney Darrin Coker. APPROVAL OF MINUTES Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Beckman to approve the minutes of the October 27, 1997 Joint Public Hearing held at 6:30 p.m. and the Regular Council Meeting held at 7:30 p.m. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion Passed 5 to 0. Page 1 of 12 - 11/24 MAYOR'S ACTIVITY REPORT John Bowman President Elect of "Keep Pearland Beautiful" gave a presentation to Council showing the new logo for "Keep Pearland Beautiful". Mayor Reid reported that on November 11 he attended the Veterans Day Ceremony. He also attended the School Board Meeting and presented a Proclamation for "National Education Week", and a Proclamation to Jim Schleider, Superintendent, for his achievement as being the "Superintendent of the Year"; on November 12 he attended the San Jacinto Continuing Education Advisory Committee Meeting and the Pearland Area Infrastructure Committee Meeting; November 13 he attended the TML Cable Committee Meeting and the Houston Galveston Council Home Rule City Caucus Meeting; November 14 he attended the David Smith Luncheon for the Area Elected Officials; November 18 he attended Houston Galveston Area Council Board of Directors Meeting; November 19 he attended the Exchange Club Prayer Breakfast, the City of Houston Council Meeting, the Chamber Luncheon and the Brazoria County Cities Association Meeting; ,November 20 he attended the Gulf Coast Water Authority Monthly Meeting; November 21 he attended the Chamber Retreat Breakfast, the U.S. Home ground breaking at Country Place and the Pearland varsity basketball game. COUNCIL'S ACTIVITY REPORTS: Councilmember Wilkins reported that he attended the Chamber Mixer at Pearland State Bank; and the Exchange Club Prayer Breakfast; he attended the Chamber Luncheon and stated that Glen Erwin, Executive Director, of the Pearland Economic Development Corporation was the speaker and gave an excellent speech on the PEDC. Councilmember Wilkins further stated that we are really blessed to have such a director as Glen Erwin; he is a major asset to the City of Pearland. Councilmember Tetens stated that he attended the HGAC Home Rule Cities Meeting and at that meeting Mayor Reid was reelected to serve as a HGAC Board Member to represent cities of our size. Mayor Pro -Tem Beckman reported that she attended the Adult Reading Center Board Meeting; she attended the "Keep Pearland Beautiful" annual meeting where they unveiled the new logo. Mayor Pro -Tem Beckman encourages everyone to buy recycled products. She further stated that she was so glad that the coach invited them to the basketball game. It was so exciting. Pearland won by two points the last second of the game. Mayor Pro -Tem Beckman stated that we have a visitor in the audience from France. She introduced her daughter Lisa's fiancee, Bruno Maillard, who is here from Page 2 of 12 - 11/24 France on his way to Canada. Councilmember Berger reported that he also attended a lot of the activities that have been discussed; he thanked Ed Hersh and the Parks Department for their assistance with the V.F.W. Veterans Day Ceremony. He also reminded everyone that December 7, is Pearl Harbor Day and the V.F.W. will sponsor a ceremony at 11:00 a.m. at the V.F.W. Post. Councilmember Cole stated that he also attended the various meetings and activities that have been mentioned. He gave an update of the Clear Creek Corps Project and stated that the project had the support of Congressman DeLay. CITY MANAGER'S REPORT: City Manager Paul Grohman reported that on December 4 at 7:00 p.m. in front of City Hall is the annual Christmas Tree Lighting Ceremony. December 6 the Chamber of Commerce will have their light parade. Mr. Grohman stated that in our first year of the Soccer Program we had sixteen teams and one of the teams won in the Eastern District. He further stated that we have had a lot of economical development prospects and have several projects that have been talked about that are now under construction. Kemlon on North Highway 35, Third Coast Packaging across from Chemicals and Solvents, and Eagle Lift on Magnolia. He added that we have our two engineering vacancies filled, and we have started the Civil Service test process. The City is laying major water lines that tie in areas that are only served by one line such as the one at Westwood and Springfield; several ditches have been cut on Magnolia which has helped drainage. Additionally, we are in the middle of the audit, and this past week we acquired over half of the right of way that we are going to need for the overpass north of Wal -mart. CITIZEN'S: None. UNFINISHED BUSINESS: SECOND AND FINAL READING OF ORDINANCE NO. 830 - 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 (MAX ROAD AND O'DAY ROAD AREA); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING Page 3 of 12 - 11/24 OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. Councilmember Tetens made the motion, seconded by Councilmember Cole to approve Ordinance No. 830 on its second and final reading. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. NEW BUSINESS: COUNCIL ACTION - POLICY ON APPORTIONMENT AND COST OF REGIONAL STORM DETENTION. Councilmember Tetens made the motion, seconded by Councilmember Berger to allow the staff to sell up to fifty percent (50%) of regional detention until a formai policy is established. City Manager Paul Grohman gave a review of the regional storm detention locations. Mr. Grohman discussed how development could buy into the storm detention system. The City would charge a percentage to cover the real cost of the detention project and will only be selling the capacity of storm detention, not ownership of the property. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. RESOLUTION NO. R97- 67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING TIMES AND DATES FOR DECEMBER, 1997, DUE TO THE HOLIDAY SEASON. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Cole to approve Resolution No. R97- 67. Voting "Aye" Councilmembers Wilkins, Beckman, Berger, and Cole. Page 4 of 12 - 11/24 Voting "No" Councilmember Tetens. Motion passed 4 to 1. COUNCIL ACTION - AWARD OF BID NO. B97-22 FOR A 3/4 TON PICKUP. Councilmember Berger made the motion, seconded by Councilmember Wilkins to award Bid No. B97-22 to Crown Dodge in the amount of $17,730 for one 3/4 -Ton pickup truck. Director of Finance David Castillo reviewed the bids received for a 3/4 -Ton pickup truck. Mr. Castillo recommended that Bid B97-22 be awarded to Crown Dodge in the amount of $17,730. The bid price for the truck is $18,960. The price recommended by Mr. Castillo was the bid price less $2000 for the trade-in of a 1990 Chevrolet pickup and will include the extended warranty for $770. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION - AWARD OF BID NO. B97-23 FOR A 1 -TON SERVICE TRUCK. Councilmember Cole made the motion, seconded by Councilmember Tetens to award Bid No. B97-23 to Ron Carter Autoland in the amount of $19,955.35 for one 1 -Ton Service Truck. Director of Finance David Castillo reviewed the bids received for a 1 -Ton Service Truck. Mr. Castillo recommended that Bid No. B97-23 be awarded to Ron Carter Autoland in the amount of $19,955.35. The bid price for the truck is $21,042.35. The price recommended by Mr. Castillo was the bid price less $2050 for the trade-in of a 1989 Ford F-350 and will include the extended warranty for $963. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION - AWARD OF BID NO. B97-24 FOR A 1 -TON FOUR DOOR Page 5 of 12 - 11/24 PICKUP. Councilmember Wilkins made the motion, seconded by Tetens to award Bid No. B97-24 to Ron Carter Autoland in the amount of $24,397.49 for one truck and $22,347.49 for the second truck; One is for the Parks Department and the other is for the Fire Department. Director of Finance David Castillo reviewed the bids received for 4 -Door pickup trucks. Mr. Castillo recommended that Bid B97-24 be awarded to Ron Carter Autoland in the amount of $24,397.49 for one truck and $22,347.49 for the second truck. The bid price for the trucks is $23,434.49. The price recommended by Mr. Castillo was the bid price less $2050 for the trade-in of a 4 -Door pickup from the Fire Department and includes the extended warranty on each of the new trucks in the amount of $963 each. City Manager Paul Grohman stated that on the next budget amendment the funds will be allocated for the truck for the Fire Department. He further stated that last year's budget ended up with more cash than was expected and that is how the amendment will be funded. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION - AWARD OF REQUEST FOR PROPOSAL FOR INTEGRATED FACILITIES RESERVATION & REGISTRATION SYSTEM. Councilmember Tetens made the motion, seconded by Councilmember Wilkins to award a Request for Proposal to Escom Software Services Ltd. in the amount of $31,596 for the Integrated Facilities Reservation and Registration System. Parks and Recreation Director Ed Hersh addressed Council and recommended the award of the Request for Proposal to Escom Software Services Ltd. in the amount of $31,596 which is a little less than the proposal amount of $32,596. Mr. Hersh stated that other cities are currently using the software and they are extremely satisfied with it. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Page 6 of 12 - 11/24 Motion passed 5 to 0. COUNCIL ACTION - AWARD OF BID NO. B97-21 FOR 5/8" THROUGH 2" COLD WATER METERS. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Tetens to award Bid No. B97-21 to Industrial International Inc., at the unit price of: 5/8" x 3/4" Water Meter $ 26.50 each 1" Water Meter $ 67.13 each 1 1/2" Water Meter $ 68.41 each 2" Compound Water Meter $951.80 each Public Works Director Jerry Burns reviewed the bid received from Industrial International Inc. and recommended that Bid No. B97-21 be awarded to Industrial International Inc., at the unit rates listed above. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-172 - 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 BEING A TRACT OF 10.00 ACRES, AND BEING KNOWN AS LOT 24 OF THE ALLISON-RICHEY GULF COAST CO. SUBDIVISION, SECTION 7, OF THE H.T.& B.R.R. SURVEY, A-219, OF THE DEED RECORDS, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 229) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF TRINH DANG BUI, 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 Berger made the motion, seconded by Councilmember Cole to approve Ordinance No. 509-172 (Application No. 229) on its first reading. Page 7 of 12 - 11/24 Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 229). Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Wilkins. Voting "No" None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-173 - 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 BEING SEVERAL TRACTS OF LAND BORDERING F.M. 518 (BROADWAY) AND PEARLAND PARKWAY AS EVIDENCED BY THE METES AND BOUNDS OF THE DEED RECORDS, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 234) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) TO GENERAL BUSINESS (GB) AT THE REQUEST OF ML PARTNERSHIP, 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 Mayor Pro -Tem Beckman to approve Ordinance No. 509-173 (Application No. 234) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 234). Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-174 - 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 BEING 22.16 ACRES OUT OF A SUBDIVISION OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF SECTION 15, H.T.& B.R.R. SURVEY, A-241, Page 8 of 12 - 11/24 RECORDED IN VOLUME 297, PAGE 98, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 235) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO MULTI- FAMILY -PLANNED UNIT DEVELOPMENT (MF -PUD) AT THE REQUEST OF CHARLIE VATTEROTT, AGENT, FOR FRANK BARRINGER, TRUSTEE, 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 Cole to approve Ordinance No. 509-174 (Application No. 235) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 235). Councilmember Wilkins asked what a MF -PUD was? Planning and Development Director Dennis Smith addressed Council and advised that MF -PUD was a Multi -Family Planned Unit Development which involves the developer presenting a booklet of plans that includes a mock-up of the buildings (how they are to look), as well as a "foot print" of how the site is going to be constructed. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-175 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 BEING 2.31671 ACRES OUT OF A 3.322 ACRE TRACT OF A PORTION OF THE H. STEVENS SURVEY, ABSTRACT 594, ADJACENT TO AND EAST OF STATE HIGHWAY 35, BRAZORIA COUNTY, TEXAS (16800 BLOCK, SOUTH MAIN STREET)(APPLICATION NO. 237) FROM CLASSIFICATION MULTI- FAMILY DWELLING (MF) TO LIGHT INDUSTRIAL (M-1) AT THE REQUEST OF DAVE MILLER, AGENT, FOR ROBERT FOURNET, 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. Page 9 of 12 - 11/24 Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Beckman to approve Ordinance No. 509-175 (Application No. 237) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 237). Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-176 - 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 GRANTING A SPECIFIC USE PERMIT FOR A TELECOMMUNICATIONS REMOTE TERMINAL BUILDING IN A GENERAL BUSINESS (GB) DISTRICT ON THE FOLLOWING PROPERTY, TO -WIT: A TRACT CONTAINING 2,000 SQUARE FEET (0.0459 ACRES),IN THE W.D.C. HALL SURVEY, A-23, OUT OF A 1.052 ACRE TRACT CONVEYED UNTO THOMAS P. ALEXANDER, ET AL, BY DEED VOLUME 156, PAGE 682 OF THE DEED RECORDS, BRAZORIA COUNTY, TEXAS, (SPECIFIC USE PERMIT NO. 59) AT THE REQUEST OF PETER THOMPSON, AGENT, FOR THOMAS P. ALEXANDER, 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 Tetens to approve Ordinance No. 509-176 (Specific Use Permit No. 59) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Specific Use Permit No. 59). Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. OTHER BUSINESS: Page 10 of 12 - 11/24 s Council adjourned into Executive Session under Texas Government Code at 8:55 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 - CONSULTATION WITH ASSISTANT CITY ATTORNEY REGARDING PENDING LITIGATION - DISCUSSION OF WOODWARD LAWSUIT. 2. SECTION 551.071 - CONSULTATION WITH ASSISTANT CITY ATTORNEY REGARDING POTENTIAL LITIGATION INVOLVING FRANCHISE FEES. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 9:35 p.m. COUNCIL ACTION - DIRECTION TO CITY STAFF REGARDING WOODWARD LITIGATION. Councilmember Cole made the motion, seconded by Councilmember Wilkins to authorize the City Manager to execute, on behalf of the City, the release and contract of settlement between H.B. Woodward, et al. and the City. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION - INSTRUCTION TO ASSISTANT CITY ATTORNEY REGARDING POTENTIAL LITIGATION INVOLVING FRANCHISE FEES. Councilmember Cole made the motion, seconded by Councilmember Berger to authorize legal counsel to petition the appropriate court, on behalf of the City as a Class Representative, for a court -supervised audit of Entex for franchise agreement purposes only. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Page 11 of 12 - 11/24 Voting "No" None. Motion passed 5 to 0. ADJOURNMENT Meeting was adjourned at 9:40 p.m. Minutes approved as submitted and/or corrected this the December A.D., 1997. ATTEST: Tom Reid Mayor . 'o nWetary Ci Page 12 of 12 - 11/24 8th day of