2001-02-26 CITY COUNCIL REGULAR MEETING MINUTES055
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON FEBRUARY 26, 2001, 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
Klaus Seeger
Councilmember
Helen Beckman
Councilmember
Woody Owens
Councilmember
Larry Marcott
Councilmember
Larry Wilkins
Interim City Manager
Alan Mueller
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Others in attendance: Executive Director of P.E.D.C. Mike Chance; Manager of
Administrative Support Tobin Maples; Police Chief J.C. Doyle; City Engineer John
Hargrove; Public Works Director Jerry Burns; Assistant City Attorney Nghiem Doan;
Project Manager Michael Ross; Purchasing Officer Gordon Island; Communications
Coordinator Mattie Culver.
The invocation was given by Executive Director of Pearland Economic Development, Mike
Chance, and the Pledge of Allegiance was led by Councilmember Wilkins.
MAYOR'S ACTIVITY REPORT:
Mayor Reid and Councilmember Beckman presented a Proclamation to the Girl Scouts
proclaiming the week of March 11-17, 2001, Girl Scout Week in Pearland, Texas.
Mayor Reid introduced Connie Williamson, with Junior Achievement of Brazoria County,
Inc., who gave a brief presentation regarding the Junior Achievement Program in Brazoria
County and Pearland. She stated this program has helped almost 8,000 students, grades
K-12, in the classroom in Brazoria County. Ms. Williamson also stated the Junior
Achievement Program expands children's horizons, skills and expectations in such a way
that students find new meaning and relevance through education.
Mayor Reid reported on February 13 he testified on Senate Bill 200 before the
Governmental Affairs Committee; February 14 he was the Celebrity Reader at C.J. Harris
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056
Elementary and attended the Adult Reading Board of Directors Meeting, PAID Committee
Meeting and the Charter Review Commission Meeting; Mayor Reid attended the Chamber
Leadership Council Meeting, a Ribbon Cutting for Bay Area Christian Performing Arts, Gulf
Coast Water Authority Board of Directors Meeting and Pearland High School Career Night
on February 15; February 16 he attended a meeting with Dan Martin, CEO of Southeast
Memorial Hospital; February 17 he attended a Cub Scout Pack 468 Blue/Gold Banquet;
February 19 he attended a City Council Workshop; February 20 he attended the HGAC
Board of Directors Meeting and also the Pearland College Business/Industry Committee
Meeting; February 21 he gave the State of the City Address at the Chamber of Commerce
Monthly Luncheon and attended the BCCA Monthly Meeting; He attended Harris County
Judge Robert Eckels State of the County Address and then a Special Meeting of City
Council on February 22; He attended the HGAC/Transportation Policy Council Board of
Directors Meeting on February 23; On February 24 he attended the Blue/Gold Banquet
for Cub Scout Pack 463 and 466; February 26 he attended a PEDC Special Meeting.
COUNCIL ACTIVITY REPORTS:
Councilmember Beckman reported on February 13 she attended the Library Board
Meeting; February 14 she stated she was a celebrity reader at C.J. Harris Elementary
School and also attended the Adult Reading Center Board Meeting and Pearland Area
Infrastructure Committee Meeting the same day; February 15 she attended a Leadership
Council Meeting at the Chamber of Commerce office; February 17 she attended the
Alumnus Associations of the CPA; February 21 she attended Mayor Reid's State of the
City Address and later in the evening attended the BCCA Meeting in Oyster Creek;
February 23 she spoke at Pearland Junior High West for the Student of the Month
Program.
Councilmember Owens reported he went to Austin for a Legislative Briefing in the early
part of February; He attended the 25`h Anniversary Party of the South Belt Leader; On
February 21 he attended Mayor Reid's State of the City Address and congratulated Mayor
Reid on a speech well done; Councilmember Owens also informed Police Chief, J.C.
Doyle, that he had received positive comments from residents in Green Tee and Country
Club Drive about what a great job the Pearland Police were doing patrolling that area.
Mayor Pro -Tem Seeger stated he had nothing to report.
Councilmember Marcott reported he attended the BCCA Meeting and met the new City
Administrator for Manvel; February 21 he attended Mayor Reid's State of the City Address
and said it was very good and well presented.
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057
Councilmember Wilkins reported he would like to thank the Citizens for taking time out to
contact him by phone and e-mail with questions or concerns. He stated he attempts to
contact everyone in return and then brings the citizen's concerns to the attention of the
proper City of Pearland staff member to address their problem or concern.
CITY MANAGER'S REPORT:
Interim City Manager, Alan Mueller, reported Independence Park had new lights installed
for the walking trail and has received several positive comments on the lights. He reported
the Parks Department is planting arose garden at the corner of City Hall. It is a project for
a Horticulture training class 8 Park's Department Staff members are attending. He further
stated on FM 518 the Weiner's sign was taken down due to it being a non -conforming sign
and also the Pizza Inn sign on Old Alvin Road was removed as well. Mr. Mueller reminded
everyone there is upcoming Special Meetings the following night and Wednesday night,
February 28, for interviewing of the City Manager position and March 1 is the Zoning Board
of Adjustments Meeting at 6:00 p.m.
CITIZENS:
Gay Johnson, 2317 Green Tee Drive, addressed Council and stated she was speaking in
support of the Yost Road -Scarsdale Extension Amendment to the Comprehensive Plan of
Pearland. She further stated she would like to thank the Pearland Police Officers for their
presence in Green Tee the previous week as it slowed traffic down for a few hours.
Mark McDonough, 2705 West Oaks Boulevard, addressed Council and stated the State
of the City Address was well done. He gave a brief overview on his desire for Council to
consider new residents, as well as established residents, for Boards and Commission
openings. He stated applicants considered who offer strong skills in communication,
management, decision-making and leadership as well as integrity would be a welcome
move in the right direction.
Dilly Turner, 3615 Dorothy, addressed Council and stated she has lived in Pearland for 21
years and was at this meeting to address traffic control for the City. She stated she
understands why some subdivisions do not want extra traffic in their neighborhoods. She
cited a recent incident where two children were hit by a vehicle at the intersection of Old
Galveston Road and FM 518. She stated she is concerned about drivers not obeying
traffic laws and suggested maybe more traffic tickets were the solution to get law -breaking
driver's attention. She further stated she would be willing to personally put in whatever
time and effort was needed to study this problem and look for the best solution.
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058
Annette Conwell, 2302 Golfcrest Drive, addressed Council and stated she supports the
Yost Road -Scarsdale connection. She further stated she has lived in Green Tee for seven
years and is concerned about the amount of traffic traveling through their neighborhood.
Bill Morgan, 2116 Country Club Drive, addressed Council and stated he is in favor of the
three proposed roads, listed on the Thoroughfare Plan, going through to help with the
traffic due to the growth of Pearland. He further stated when these roads are completed
there should not be an extra traffic burden on any neighborhood since it should ease the
traffic problem.
Joan Traylor, 2808 Country Club Drive, addressed Council and stated she is in favor of the
Yost Road -Scarsdale connection. She further stated she has a friend who works with
Pearland EMS and this person stated to her that 90% of their runs are to Southeast
Memorial Hospital and the only two routes available are through Green Tee or Dixie Farm
Road, which is beyond Southeast Memorial Hospital and they have to double -back to get
there. She added this person stated if they go through Green Tee they take a torturous
path that is dangerous, due to the emergency vehicle going at high speeds. She further
stated that a Yost Road -Scarsdale connection would make an emergency run to Southeast
Memorial a lot shorter. She also emphasized that the City needs to get on with this project.
Neil West, 2218 Country Club Drive, addressed Council and stated he would like to
compliment the City on the Transportation Comprehensive Plan and encouraged them to
push ahead with it. He further stated he is in favor of the Yost Road -Scarsdale connection.
Mr. West stated he feels the policy of no discussion between speakers, at Council
Meetings, and Council should be modified to include an answer to the speakers. He stated
one option could be for the City to acknowledge the speaker by contacting them at a later
date to follow up on their concern.
Mary Sword, 2119 Kildare, addressed Council and stated she would like to thank
Councilmembers for supporting the inclusion of the extension of Scarsdale -Yost Road to
the integrated transportation system since it will improve mobility for residents of the east
side of the City of Pearland as well 2s all Pearland citizens.
David Garza, 2309 Caloway Court, addressed Council and stated he is the Safety Director
of the Green Tee Terrace Homeowner's Association and would like to thank the Mayor and
Council for their quick response to the traffic problems in Green Tee. He further stated the
Pearland Police Department has done an excellent job as well. He added that he is in
favor of the Yost Road -Scarsdale connection because of the safety benefits to all citizens
of Pearland, not just Green Tee residents.
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059
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES:
1. Minutes of the February 5, 2001, Joint Public Hearing held at 6:30 p.m.
2. Minutes of the February 12, 2001, Regular Council Meeting held at 7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 943-2 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, AMENDING SECTION 7.0, TRANSPORTATION,
OF THE CITY'S COMPREHENSIVE PLAN AS A GUIDE FOR PROPER
DEVELOPMENT OF AN INTEGRATED TRANSPORTATION SYSTEM IN
PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE
AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR
CODIFICATION. Mr. Tobin Maples, Manager of Administrative Support.
C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 741-2 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 27, SUBDIVISIONS, OF
THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN,
FROM TIME TO TIME, AMENDED, FOR THE PURPOSE OF ESTABLISHING
GUIDELINES FOR GENERAL REQUIREMENTS AND MINIMUM DESIGN
STANDARDS FOR CUL-DE-SACS AND LENGTHS OF DEAD-END STREETS;
HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER
CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr.
Tobin Maples, Manager of Administrative Support.
D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 1004 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, GRANTING THE CONSENT OF THE CITY OF
PEARLAND, TEXAS, TO THE CREATION OF UP TO SIX MUNICIPAL UTILITY
DISTRICTS WITHIN THE CITY'S CORPORATE BOUNDARIES; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE.
Mr. Damn Coker, City Attorney.
E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-506 - AN ORDINANCE OF THE CITY COUNCIL OF
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+I X
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 LOCATION BEING A 10
ACRE TRACT OUT OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 17, H. T. & B. R.R. CO. SURVEY, A-242, BRAZORIA CO., TX
(APPLICATION
FROMCLA S F COATION)GEENERALOBUOBAYOU
BUSINESS DISTRICT (GB) TO PLANNED
UNIT DEVELOPMENT (PUD) AT THE REQUEST OF KNUDSON &ASSOCIATES,
AGENT FOR SIGNATURE HOMES AND BAR CROSS LIMITED, 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. Mr. Tobin
Maples, Manager of Administrative Support.
F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-505 - 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 LOCATION BEING 1.14
ACRES OF LAND OUT OF THE SOUTHEAST CORNER OF 16.13 ACRES IN
SECTION 17, H. T. & B. R.R. CO. SURVEY, A-242, BRAZORIA CO., TX
(APPLICATION NO. 962) (7407 FITE ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C)
AT THE REQUEST OF H & R OPERATOR SERVICES, 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. Mr. Tobin
Maples, Manager of Administrative Support.
G. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-509 - 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 LOCATION BEING 2.8041
ACRES OUT OF A CALLED 9.29 ACRE TRACT OUT OF THE SOUTH 1/2 OF LOT
30, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 21, H.
T. & B. R.R. CO. SURVEY, A-309, BRAZORIA CO., TX (APPLICATION NO. 963)
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061
(OLD CHOCOLATE BAYOU ROAD) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO NEIGHBORHOOD SERVICES DISTRICT
(NS) AT THE REQUEST OF BOBBY THOMPSON OF COLDWELL BANKER
UNITED, AGENT FOR DANNY BLUMRICK 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. Mr. Tobin Maples, Manager of
Administrative Support.
H. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-507 - 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 LOCATION BEING LOT 6,
BETHEL SUBDIVISION, SECTION 2, BEING A 3.6419 ACRE TRACT OF LAND
OUT OF 25.9538 ACRES OF LAND, OUT OF LOTS 39, 40, 55 AND 56, ALLISON
RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 19, H. T. & B. R.R.
CO. SURVEY, BRAZORIA CO., TX (APPLICATION NO. 961) (2045 LEE ROAD)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF GEOFFREY EASTHAM,
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.
Mr. Tobin Maples, Manager of Administrative Support.
I. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-25 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AWARDING A BID FOR THE PHASE II BUILD -OUT OF THE COMMUNITY
CENTER. Mr. Gordon Island, Purchasing Officer.
K. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-27 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AWARDING A BID FOR THE SUPPLY OF POLICE PATROL VEHICLE
EQUIPMENT. Mr. Gordon Island, Purchasing Officer.
0. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-28 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A
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06Z
MEMORANDUM OF UNDERSTANDING WITH BRAZORIA DRAINAGE DISTRICT
NO. 4. Mr. Darrin Coker, City Attorney.
P. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-29 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPOINTING A REPRESENTATIVE TO THE COMMUNITY DEVELOPMENT
ADVISORY BOARD FOR THE BRAZORIA COUNTY COMMUNITY
DEVELOPMENT PROGRAM. Mr. Alan Mueller, Interim City Manager.
0. CONSIDERATION AND POSSIBLE ACTION - RATIFICATION OF EMERGENCY
EXPENDITURE FOR ULTRAVIOLET MODULES FOR SOUTHWEST
ENVIRONMENTAL CENTER TREATMENT PLANT. Mr. JerryBurns, Public Works
Director.
Councilmember Marcott asked that Consent Agenda Items J, L, M, and N be removed from
the Consent Agenda for further discussion.
Councilmember Beckman made the motion, seconded by Councilmember Owens, to adopt
Consent Agenda Items A through Q, with the exception of items J, L, M, and N as
presented on the Consent Agenda.
Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins.
Voting "No" None.
Motion Passed 5 to 0.
IX. MATTERS REMOVED FROM CONSENT AGENDA
Councilmember Marcott asked that Consent Agenda Items J, L, M, and N be removed from
the Consent Agenda for further discussion.
J. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-26 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AWARDING A BID FOR THE PHASE I CONSTRUCTION OF THE CULLEN
SERVICE CENTER. Mr. Gordon Island, Purchasing Officer.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Seeger, to approve
Resolution No. R2001-26.
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063
Councilmember Marcott stated he is in support of building a Fire Station/EMS on Cullen
Road but asked that it be taken from the agenda for discussion so the citizens would be
informed as to what this item is about as well as the cost. He stated it is an important
piece of infrastructure for the City.
Councilmember Owens asked Interim City Manager, Alan Mueller, if the facility would be
capable of having a second story built onto it and if the Police Department would be added
to this facility.
Interim City Manager, Alan Mueller, stated this facility was designed to potentially be a
three-story structure and will be on a 16 acre site. He further stated during Planning
Workshops for this facility the plans were to add Pearland Police Department
Headquarters, a library and the new water tower at the site. Mr. Mueller also stated
tentative plans were for 4 acres of this site to be used for a Public Works Service Yard and
Parks Department.
Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
L. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-31 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A
CHANGE ORDER WITH PATE & PATE ENTERPRISES, INC. FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE MAGNOLIA/HARKEY
SANITARY SEWER IMPROVEMENTS PROJECT. Mr. John Hargrove, City
Engineer.
Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R2001-31.
Councilmember Marcott stated he would like to discuss the rise in the contracted price,
which is an increase of 9.4 %.
Interim City Manager, Alan Mueller, explained the price increase is due to unforseen
circumstances such as a phone cable in the way, unexpected soil conditions that caused
a cave-in, which in turn caused additional excavation, road stabilization and re -pavement
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i. -
of the road. He further stated that the price increase is well within the contingency plan for
this project.
Councilmember Owens asked about a previous change order for this project which was
approximately $11,800.
City Engineer, John Hargrove, stated the previous change order was due to other
interfering utilities where additional bores and open cuts had to be done.
Discussion ensued between Mayor, Council and City Attorney, Darrin Coker, regarding the
terms of this contract.
Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins.
Voting "No" None.
Motion Passed 5 to 0.
M. CONSIDERATION AND POSSIBLE ACTION - RE -APPOINTMENT OF CHARLIE
PHILLIP, RANDALL FERGUSON, AND DR. BILL CHASE TO SERVE ON THE
BOARD OF DIRECTORS OF THE PEARLAND ECONOMIC DEVELOPMENT
CORPORATION EFFECTIVE MAY 1, 2001 THROUGH APRIL 30, 2003. Mr. Mike
Chance, Executive Director Pearland Economic Development Corporation.
Councilmember Marcott made the motion, seconded by Councilmember Beckman, to table
Item M.
Councilmember Marcott stated there is an item on this agenda, Item No. 7, listed under
New Business, which is a discussion regarding Board re -appointments that he would like
to consider after Executive Session.
Councilmember Wilkins stated he does not see a need to debate these re -appointments
since these gentlemen are pillars of the community and have served on this board with
dignity and deserve re -appointment. He stated these re -appointments should be approved.
Councilmember Beckman stated she has no problem with these re -appointments but does
understand the importance of more discussion since Council is considering a vacancy and
there are quite a few applications to consider carefully.
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065
Councilmember Owens stated he would like there to be more consideration of new
applications of residents that would like to serve on a Board or Commission rather than just
automatically re -appointing current members of the Boards. He further stated it would be
a disservice to the community to not review other applications in addition to considering re-
appointing current Board members.
Further discussion ensued between Council regarding the merits of discussing board
appointments in Executive Session or deciding them in regular Council meetings and
whether to re -appoint members without reviewing other applications carefully.
City Attorney, Darrin Coker, recommended that this item be tabled in its current form and
wait to discuss it in the currently scheduled Executive Session instead.
Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
N. CONSIDERATION AND POSSIBLE ACTION - RE -APPOINTMENT OF EMIL
BELTZ TO SERVE ON THE PLANNING AND ZONING COMMISSION EFFECTIVE
APRILI, 2001 THROUGH APRIL 30, 2004. Mr. Tobin Maples, Manager of
Administrative Support.
Councilmember Wilkins made the motion, seconded by Councilmember Marcott, to table
Item N.
Voting "Aye" Councilmembers Beckman, Seeger, Marcott, and Wilkins.
Voting "No" Councilmember Owens.
Motion Passed 4 to 1.
NEW BUSINESS:
COUNCIL ACTION - RESOLUTION NO. R2001-30 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 AUTHORIZING THE
ISSUANCE OF $4,540,000 UNLIMITED TAX AND REVENUE AND REFUNDING BONDS,
SERIES 2001. Mr. Darrin Coker, City Attorney.
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O69
Councilmember Beckman made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2001-30.
Interim City Manager, Alan Mueller, stated under the consent conditions, when MUD No.
1 was formed, one of the requirements was that when they were ready to issue debt to
fund their reimbursements or to do refinancing, as is the case with the bonds discussed
at this meeting, that those come to Council for review to make sure the bond issue is in
accordance with the consent conditions the City approved in the early 1980's when this
MUD was created. He stated that after reviewing the bond schedule and information with
City Attorney, Darrin Coker, and Financial Consultant, Frank Ildebrando, they felt the
proposal was within the limits of the consent conditions and they recommend approval.
Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2001-32 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AND APPROVING
THE CREATION OF A HEALTH FACILITIES DEVELOPMENT CORPORATION ON
BEHALF OF PEARLAND, AND APPROVING ARTICLES OF INCORPORATION AND
BYLAWS OF SUCH CORPORATION. Mr. Darrin Coker, City Attorney.
Councilmember Owens made the motion to approve Resolution R2001-32, seconded by
Councilmember Beckman and to adopt the Articles of Incorporation by-laws for the Health
Facility Development Corporation in their current form, and then appoint a Board of
Directors at a future meeting as suggested by City Attorney, Darrin Coker.
Interim City Manager, Alan Mueller, stated at the recent Workshop this item was discussed
and also stated there is additional information in Council's packets that was garnered by
Mr. Mueller and Mayor Reid at a meeting with Southeast Memorial Hospital. He further
added that representatives from the group interested in the development were present at
tonight's meeting if there were any questions for them.
Don McCormick, 10851 Scarsdale, representing TBT, addressed Council and stated the
City of Alvin gave him study materials gathered over the years, through consultants hired
to do these studies, which were very helpful and informative. He stated he is in favor of
the hospital being built in Pearland.
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F167
Bob Lewis, 2905 Country Club Drive, addressed Council and stated he is in favor of a
hospital being built as it would create approximately 1000 jobs for the Pearland community
and increase the quality of life for residents.
Mayor Reid introduced City of Alvin Councilmember and Chairman of a Hospital Search
Committee in the Alvin area, Doug Balkum. Mr. Balkum stated he gave Don McCormick,
of TBT, the Needs Assessment Study the City of Alvin had done and he informed that the
study shows the need for a facility of this type in the surrounding area. He spoke in favor
of the hospital and stated he and the City of Alvin would support this facility being built.
Interim City Manager, Alan Mueller, stated in the draft of Articles of Incorporation, which
Council looked at in a previous Council Workshop, there were blank spaces for the Board
of Directors of the Health Facility Development Corporation. He stated for initial purposes
they would put the Chairman, Vice Chairman and Secretary of the Pearland Economic
Development Corporation in those blank spaces to fill those spots.
Councilmember Owens stated this is the same type situation as previously discussed in
earlier items. Applications for these positions need to be reviewed, discussed and decided
on by Council instead of just placing anyone in those positions to fill a spot.
Discussion ensued between Council, Interim City Manager and City Attorney regarding the
appointments of Board of Directors for the Health Facility Development Corporation.
City Attorney, Darrin Coker, stated Council could adopt Resolution R2001-32 with the
Articles of Incorporation by-laws for HFDC in their current form and then at a subsequent
Council meeting they could appoint a Board of Directors. He stated the motion could be
amended to reflect the comments of the City Attorney.
Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 450-27 - AN ORDINANCE OF THE CITY
COUNCIL OFTHE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 450 AS
THE SAME MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, FOR THE PURPOSE
OF ESTABLISHING AND REESTABLISHING CLASSIFICATIONS AND NUMBER OF
AUTHORIZED POSITIONS IN THE CLASSIFIED SERVICE OF THE CITY OF
PEARLAND, PURSUANT TO SECTION 143.021 OFTHE LOCAL GOVERNMENT CODE
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WE
OF THE STATE OF TEXAS; PROVIDING A SEVERABILITY CLAUSE, A SAVINGS
CLAUSE, A REPEALER CLAUSE, AN EFFECTIVE DATE AND CONTAINING OTHER
PROVISIONS RELATING TO THE SUBJECT. Mr. J.C. Doyle, Police Chief.
Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Beckman, to
approve. Ordinance No. 450-27 on its first reading.
Interim City Manager, Alan Mueller, stated the City recently applied for a Grant, which was
not granted, for additional police officers. He further stated that a budget amendment was
done to shift the money from the local match from the grant fund over to the Police
Department. This ordinance is only to increase the amount of officers from 48 to 54.
Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins.
Voting "No" None.
Motion passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-504 - 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 LOCATION BEING LOTS 4-10, DETENBECK &
BARNHART SUBDIVISION, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP
OR PLAT THEREOF RECORDED IN VOLUME 15, PAGE 10, PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 964) (5902 BARDETT) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL
DISTRICT (C) AT THE REQUEST OF ARTHUR PARTAIN, OWNER, PROVIDING FOR
AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATEAND OTHER PROVISIONS
RELATED TO THE SUBJECT. Mr. Tobin Maples, Manager of Administrative Support.
Councilmember Marcott made the motion, seconded by Councilmember Owens, to table
Ordinance No. 509-504 (Application No. 964).
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to deny (Application No. 964). He stated the reasons listed were the Comprehensive Plan
calls for "General Business" and south of the property is "Residential" zoning. The motion
to deny from P & Z was passed 6 to 0.
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Councilmember Marcott stated he read the Planning & Zoning's minutes and understands
it to say they would probably accept a change to "General Business" if the applicant was
amenable.
Arthur Partain, applicant, was present in the audience and stated he would prefer this
property_be changed to "Commercial" but would accept "General Business" if he had no
other choice. He stated from what he had heard and experienced, Council would not
approve "Commercial" zoning in this area. He further stated that at this time he had no
tenants for this property so he was not sure what type of zoning would be needed for their
potential business.
Darrin Coker, City Attorney, stated that in order to hold true to the Land Use planning
philosophy there would need to be a buffer between the residential and commercial uses,
especially the non -conforming ones. He further stated according to Land Use Law and
from a planning perspective, a "General Business" zoning would be most appropriate for
this area.
Interim City Manager, Alan Mueller, stated the Comprehensive Plan allows for "General
Business" in this area.
Councilmember Owens suggested this item be tabled so Mr. Partain could discuss this
matter further with Tobin Maples, Manager of Administrative Support, to make sure
"General Business" zoning is what he really wants.
Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-510 - 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 LOCATION BEING 3.1092 ACRES OF LAND OUT OF LOT
46, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 8, H.
T. & B. R. R. CO. SURVEY, A-504, ACCORDING TO THE PLAT RECORDED IN
VOLUME 2, PAGE 24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 968) (BROADWAY STREET @ GARDEN ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL
Page 15 of 17 - 2/26/2001
07n
BUSINESS DISTRICT (GB) AT THE REQUEST OF ORLEN O'DAY, 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. Mr. Tobin Maples, Manager of
Administrative Support.
Councilmember Wilkins made the motion, seconded by Councilmember Marcott, to
approve Ordinance No. 509-510 (Application No. 968) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve (Application No. 968).
Interim City Manager, Alan Mueller, stated this is in conformance with the Comprehensive
Plan.
Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-511 - 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 LOCATION BEING 31.1548 ACRES LOCATED IN THE
W.D.C. HALL SURVEY, A-23, HARRIS COUNTY, TEXAS (APPLICATION NO. 969)
(VILLA VERDE, SECTION II & III) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-2) AT THE REQUEST OF RENEE L.
WEST, AGENT FOR VILLA VERDE, SECTION II & III, L.P., 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. Mr. Tobin Maples, Manager of Administrative Support.
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Seeger, to
approve Ordinance No. 509-511 (Application No. 969) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve (Application No. 969).
Page 16 of 17 - 2/26/2001
Q7f
Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:00 p.m. to
discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.074 - PERSONNEL MATTERS: REVIEW INDIVIDUAL
APPLICATIONS TO SERVE ON THE PEARLAND ECONOMIC
DEVELOPMENT CORPORATION BOARD. City Council.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 10:05 p.m.
COUNCIL ACTION - REGARDING INDIVIDUAL APPLICATIONS TO SERVE ON THE
PEARLAND ECONOMIC DEVELOPMENT CORPORATION BOARD. City Council.
No Council action taken.
ADJOURNMENT:
Meeting was adjourned at 10:06 p.m.
Minutes approved as submitted and/or corrected this the 12 day arch, 2001.
ATTEST:n Tom Reid
--,/, ( fJ / - Mayor
ng
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