2001-03-12 CITY COUNCIL REGULAR MEETING MINUTES093
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MARCH 12, 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
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Attorney
City Secretary
Tom Reid
Klaus Seeger
Helen Beckman
Woody Owens
Larry Marcott
Larry Wilkins
Darrin Coker
Young Lorfing
Absent: Interim City Manager Alan Mueller.
Others in attendance: Director of Finance Jim Causey; Assistant Police Chief Johnny
Spires; City Engineer John Hargrove; Director of Community Development and Services
Gene Tumlinson; Parks and Recreation Director Ed Hersh; Assistant City Attorney Nghiem
Doan.
The invocation was given by Councilmember Wilkins and the Pledge of Allegiance was led
by Director of Finance Jim Causey.
MAYOR'S ACTIVITY REPORT:
Mayor Reid introduced Executive Director of Keep Pearland Beautiful Delores Fenwickwho
presented a Clean Texas Partner Certificate to the City of Pearland. Ms. Fenwick stated
the Great American Cleanup is about to begin and will run from mid-March to mid-May.
She further stated Pearland has several activities planned in April for the Great American
Cleanup. The first activity is a School Environmental Fair at Sablatura Middle School
scheduled for April 3 from 4:30 p.m. - 6:30 p.m. and April 7 is the Don't Mess With Texas
Trash -Off. April 21 will be the annual Household Hazardous Materials Collection Day from
9:00 a.m. - 3 p.m. at Pearland High School. The annual Environmental Awards Dinner will
be April 27.
Mayor Reid and Councilmember Beckman presented a proclamation to the Environmental
Committee of the Pearland High School Student Council proclaiming March 23rd as "Energy
Education Day."
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Mayor Reid reported he was Chairman of a committee to choose a student recipient for a
Wal-Mart scholarship on February 27 and also attended a Special Meeting to interview City
Manager candidates; February 28 he attended a Special Meeting to interview City Manager
candidate interviews; March 1 Mayor Reid attended a TML Economic Development
Workshop and March 2 he met with Al Haines of the City of Houston and also presented
a Proclamation to Partners for Pearland for their fund-raising efforts to help needy children;
March 3 he attended a Special Council Meeting; March 6 the Mayor met with Methodist
Day Care students and attended the Chamber After Hours Business Mixer. March 7-9 he
attended a Texas Association Regional Council Board of Directors Conference.
COUNCIL ACTIVITY REPORTS:
Councilmember Beckman reported she attended a Household Hazardous Materials
Collection Day Planning Committee meeting on March 8.
Councilmember Owens reported he attended the First Annual Pearland High School Girl's
Basketball Banquet on March 8 at which the president of San Jacinto College was the
guest speaker.
Mayor Pro -Tem Seeger stated he had nothing additional to report.
Councilmember Marcott reported he attended the Economic Development Workshop in
Dallas and also attended the Chamber After Hours Mixer at the Radisson Hotel.
Councilmember Wilkins stated he had nothing additional to report.
CITY MANAGER'S REPORT:
Director of Finance and Acting City Manager, Jim Causey, stated Interim City Manager
Alan Mueller was on vacation and there was no report given.
CITIZENS: None.
DOCKETED PUBLIC HEARING: None.
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES:
Minutes of the February 19, 2001, Joint Public Hearing held at 6:30 p.m.
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2. Minutes of the February 19, 2001, Special Council Meeting held at 6:00 p.m.
3. Minutes of the February 22, 2001, Special Council Meeting held at 6:00 p.m.
4. Minutes of the February 26, 2001, Regular Council Meeting held at 7:30 p.m.
5. Minutes of the February 27, 2001, Special Council Meeting held at 6:00 p.m.
6. Minutes of the February 28, 2001, Special Council Meeting held at 6:00 p.m.
7. Minutes of the March 3, 2001, Special Council Meeting held at 8:00 a.m.
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 450-27 -AN ORDINANCE OF THE CITY COUNCIL OF THE
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 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.
C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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 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.
E. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF
PARK VILLAGE ESTATES SECTION TWO. Mr. John Hargrove, City Engineer.
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F. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF
SUNRISE LAKES SECTION THREE. Mr. John Hargrove, City Engineer.
G. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF
ORDINANCE NO.1006 - 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 SUNRAY COURT IN
A NORTHERLY DIRECTION AT ITS INTERSECTION WITH SUNBONNET DRIVE,
UPON SUNNY SHORES DRIVE IN A SOUTHERLY DIRECTION AT ITS
INTERSECTION WITH SUNDOWN DRIVE, UPON SUNDAY HOUSE COURT IN
A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH SUNDOWN DRIVE
(SUNRISE LAKES, SECTION 3); 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 TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY
UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Darrin
Coker, City Attorney.
Councilmember Marcott asked that Consent Agenda Item D 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 G, with the exception of item D, as presented on the
Consent Agenda.
Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA:
Councilmember Marcott asked that Consent Agenda Item D be removed from the Consent
Agenda for further discussion.
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D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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 Owens made the motion, seconded by Councilmember Beckman, to
approve Ordinance No. 509-511 (Application No. 969), on its second and final reading.
Councilmember Marcott stated his concern is that this piece of property is next to BellaVita
Subdivision, which this developer also has. He further stated he heard an advertisement
as well as read a newspaper advertisement by this developer that states BellaVita is in
Southeast Houston.
Councilmember Owens suggested the City contact this developer and ask them to come
to a meeting to discuss the issue of them advertising BellaVita Subdivision as being in
Southeast Houston instead of stating it is located in Pearland.
Voting "Aye" Councilmembers Wilkins, Seeger, Owens, and Beckman.
Voting "No" Councilmember Marcott.
Motion Passed 4 to 1.
NEW BUSINESS:
COUNCIL ACTION - RESOLUTION NO. R2001- 36 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING THE GALVESTON
DISTRICT OF THE U.S. ARMY CORPS OF ENGINEERS ("CORPS") IN CONDUCTING
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ITS GENERAL REEVALUATION PROJECT ALONG CLEAR CREEK ("PROJECT"). Mr.
Jeff Brennan, Brazoria Drainage District No. 4.
Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R2001-36.
Mayor Reid introduced Commissioner Jeff Brennan from Brazoria County Drainage District
No. 4 who presented a brief history of the General Reevaluation Project along Clear Creek
and encouraged Council to pass this resolution.
Councilmember Owens stated his concern was if the Corps was letting anyone who builds
in the flood plain area know that with this legislation there is the potential their homes
would be bought out or they would have to make some kind of changes to their home to
raise it up to get them out of the flood plain.
Mr. Brennan stated he would refer those citizens to City Engineer John Hargrove, who is
the Flood Plain Administrator for the City of Pearland. He added that the court has no
regulation on who builds where.
Further discussion ensued between Council, Staff and Mr. Brennan regarding this
resolution and its impact on the City of Pearland.
Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2001-24 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AND ADOPTING THE
GOALS PROMULGATED DURING THE CITY'S 2001 ANNUAL RETREAT. Mr. Jim
Causey, Director of Finance.
Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to
approve Resolution No. R2001-24.
Acting City Manager, Jim Causey, presented the resolution and stated there will be a City
staff person appointed to make sure these goals receive the proper attention. He further
stated these goals will be an integral part of the process of development of the 2002
budget.
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-- Mayor Reid stated this document is a vision for the City for the upcoming budget year and
is the result of a retreat attended by City Council and Staff in February of this year.
Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION -REGARDING THE BUDGET IMPACT OF PROPOSED NEW HIRES
FOR THE INSPECTIONS, CODE ENFORCEMENT, AND ENGINEERING
DEPARTMENTS. Mr. Jim Causey, Director of Finance.
Councilmember Wilkins made the motion, seconded by Councilmember Beckman, to
approve the proposed new hires for Inspections, Code Enforcement and Engineering
Departments in the City of Pearland.
Acting City Manager, Jim Causey, further stated the growth rate of the City was more
aggressive than was planned for in the budget. He stated there is a greater demand on
these departments, especially the Code Enforcement Department.
A brief discussion ensued between Council and Staff regarding the different job positions
needed.
Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2001-33 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CHANGE ORDER
WITH LEM CONSTRUCTION COMPANY, INC. FOR CONSTRUCTION SERVICES
ASSOCIATED WITH THE EXPANSION OF THE LONGWOOD WASTEWATER
TREATMENT PLANT. Mr. John Hargrove, City Engineer.
Councilmember Beckman made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2001-33.
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Acting City Manager, Jim Causey, stated this resolution was a change -order request for
an added piece of equipment for this project.
Councilmember Marcott asked if this piece of equipment was necessary as a health issue
for City employees.
John Hargrove, City Engineer, stated this was a health issue as well as a safety issue.
Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2001-35 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE ACCEPTANCE
OF 1.75 ACRES FOR THE DEVELOPMENT OF A CITY PARK. Mr. Ed Hersh, Parks and
Recreation Director.
Councilmember Owens made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R2001-35.
Parks and Recreation Director, Ed Hersh, stated these two lots would be donated by
Renee West for a City Parkin the Pine Hollow Subdivision. He further stated that it would
be similar to Hyde Park in that it would have a walking trail, playground equipment,
pavilion, picnic tables and shade shelter, such as a gazebo, and the City would plant trees
as well.
James Birdsong, 3705 Pine Tree, addressed Council and stated he is a recently elected
Trustee of Pine Tree Homeowner's Association Board and is in favor of this park being
built in his neighborhood and would like Council's support as well.
Tim Waddell, 1502 Pine Forest Drive, addressed Council and stated he is President of the
Pine Tree Homeowner's Association Board and is also in favor of the park being built in
his neighborhood. He further added there are quite a few children in this neighborhood
and it would be beneficial to them since a lot of them play out in the street. He also stated
the Homeowner's Association had a surplus of money last year and they would like to use
that surplus, of approximately $15,000 - $20,000, to put towards this park. Mr. Waddell
asked in return that the City begin work on the park this year.
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Councilmember Wilkins urged Council to support this since it was a rare opportunity for
land to be donated for this purpose.
Brief discussion ensued between Council and City Attorney regarding the City's liability
should something go wrong with a pipeline, which exists between the two parcels of land
being donated.
Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2001-34 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA
COUNTY FOR PARTICIPATION IN THE BERMUDA RECOVERY PROGRAM. Mr. Ed
Hersh, Parks and Recreation Director.
Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Owens, to approve
Resolution No. R2001-34.
Acting City Manager, Jim Causey, stated this is the City's effort to have Bermuda grass
growing beside the roads instead of weeds.
Parks and Recreation Director, Ed Hersh, stated this program is in conjunction with
Brazoria County and would also increase the length of time between mowing.
Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman.
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
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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 GENERAL
BUSINESS (GB) 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 DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT. Mr. Tobin Maples, Manager of Administrative Support.
Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Seeger, to
approve Ordinance No. 509-504 (Application No. 964) on its first reading.
Mayor Reid stated initially this zone change application request was for Commercial zoning
and Mr. Partain, the applicant, chose to change to what the zoning in the area was, which
was General Business (GB). The Mayor stated General Business is a more restrictive type
zoning.
Director of Community Development and Services, Gene Tumlinson, stated this was tabled
at the previous Council meeting so Mr. Partain agreed to change his request from
Commercial (C) to General Business (GB).
Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 8:46 p.m. to
discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.072 - REAL PROPERTY: DISCUSSION
REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL
PROPERTY. City Council.
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2. SECTION 551.074 -PERSONNEL MATTERS: REVIEW INDIVIDUAL
APPLICATIONS TO SERVE ON THE PLANNING AND ZONING
COMMISSION. City Council.
3. SECTION 551.074 - PERSONNEL MATTERS: DISCUSSION
REGARDING THE BOARD OF DIRECTORS FOR THE HEALTH
FACILITY DEVELOPMENT CORPORATION. City Council.
4. SECTION 551.074 - PERSONNEL MATTERS: DISCUSSION
REGARDING THE HIRING OFA CITY MANAGER. City Council.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 10:12 p.m
COUNCIL ACTION -DIRECTION TO STAFF REGARDING THE SALE, PURCHASE, OR
EXCHANGE OF REAL PROPERTY. City Council.
Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to
authorize City Staff to pursue the acquisition of property for the construction of Pearland
Parkway as discussed in Executive Session.
Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - REGARDING INDIVIDUAL APPLICATIONS TO SERVE ON THE
PLANNING AND ZONING COMMISSION. City Council.
No Council action taken.
COUNCIL ACTION - REGARDING THE BOARD OF DIRECTORS FOR THE HEALTH
FACILITY DEVELOPMENT CORPORATION. City Council.
No Council action taken.
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