2001-07-23 CITY COUNCIL REGULAR MEETING MINUTES00-1
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON JULY 23, 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 Manager
City Attorney
City Secretary
Tom Reid
Larry Marcott
Richard Tetens
Woody Owens
Klaus Seeger
Larry Wilkins
Bill Eisen
Darrin Coker
Young Lorfing
Others in attendance: Executive Director P.E.D.C. Mike Chance; Deputy City Manager
Alan Mueller; City Engineer John Hargrove; Community Relations Liaison Phibi Vassallo;
Director of Community Development and Services Gene Tumlinson; Parks and Recreation
Director Ed Hersh; Public Works Director Jerry Burns; Fire Marshal Larry Steed; Court
Administrator Cheryl Garcia.
The invocation was given by Reverend Barnett and the Pledge of Allegiance was led by
Honorable Dennis Bonnen.
MAYOR'S ACTIVITY REPORT:
Honorable Dennis Bonnen, State Representative - District25, addressed Council and gave
a legislative update regarding the 2001, 77`h LEGISLATIVE SESSION. He also stated that
they passed a House Redistricting Bill, but it did not pass the Senate. He further reported
that the Legislative Redistricting Board will vote out the new districts and, being a resident
of Angleton, his new District will be southern Brazoria County. Therefore, he will be losing
Alvin, Manvel, and Pearland. However, this should create an opportunity for a resident
of Alvin, Manvel, or Pearland to be a member of the Texas Legislature in the next session.
In closing, he stated however the new Districts are formed, he still represents Brazoria
County and will be available through his Representative Office. Honorable Dennis Bonnen
stated residents of West Lea have endured a lot from the State and their water system.
He has been working hard with Senator Brown's office and the Texas Natural Resources
Conservation Commission for well over a year. As of late, in what he has told the Texas
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002
Natural Resources Conservation Commission, is that Pearland City Council has a possible
willingness to consider going through the dual certification program once again. He also
told the TNRCC that the City needs a little better signal from them to make it a worthwhile
process. Representative Bonnen stated he is trying to get those in Austin to be very �-
serious and considerate of a request for dual certification because he thinks this is the best
solution to the problem before us. In closing, he stated he appreciates that the City has
done everything they have done and informed Council that they have his and Senator
Buster Brown's support.
Mayor Reid presented City Manager Bill Eisen a proclamation proclaiming Tuesday,
August 7, 2001, as "National Night Out." Mr. Eisen, on behalf of the Police Department,
thanked Mayor Reid for the proclamation and stated "National Night Out" is one of the
major components of the Police Department's Crime Prevention Program. Mayor Reid
urged all residents of Pearland to participate in National Night Out. He and City
Councilmembers will visit as many of the groups that night as they possibly can.
Mayor Reid reported on July 10 he attended a Tom Delay Committee Meeting and then
a Shadow Creek Ranch Tour with Gary Cook; July 11-13 he attended the Texas
Association Regional Councils Quarterly Board of Directors Meeting; July 17 Mayor Reid
attended an HGAC Board of Directors meeting, a meeting with Don McCormick regarding
the Hospital groundbreaking and then a State of the City Presentation to the Pearland
Historical Society; July 17-22 he attended the Texas Association of Mayors and Council
Annual Meeting.
COUNCIL ACTIVITY REPORTS:
All Councilmembers passed on giving their activity reports.
CITY MANAGER'S REPORT:
City Manager, Bill Eisen, reported the Parks and Recreation Summer Concert Series
continues tomorrow night at 7:00 p.m. in front of City Hall with Herb Remington and the
Texas Playboys II preforming. He also reported that City Council had received the
Quarterly Report. Mr. Eisen gave an update on the recent closure of the Library. He
stated two companies have been in to survey the area and give proposals on the cost of
mold removal. Those tabulations should be back in a couple of days and the City will move
rapidly to get the proposal awarded, get the work done and have the Library open as
quickly as possible.
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003
Mayor Reid introduced Phibi Vassallo; with the City of Pearland's Community Action
Center. He urged residents to contact her with any questions or concerns they may have.
CITIZENS:
Mayor Reid reported the following residents of West Lea deferred their time to address
Council to Ms. Smith and Mr. Courtney:
Jesse Gwen, 3701 Skylark; Lorena Koch, 6618 Heron Lane; Timothy Lund, 6929 Meadow;
Denise McKeon, 3726 Bluebird; Dennis Bartlett, 3706 Meadowlark Way; Kathi Lund, 6929
Meadow Lane; Becky Wylie, 3914 Bluebird; Rhonda Cason, 3929 Bluebird Way; Paula
Bratz, 6814 Mockingbird Lane; Joy Courtney, 3829 Meadowlark Way; Karen Allen, 4002
Blue Bird Way; Terry Loundenburg, 3802 Bluebird Way.
Jan Smith, 3637 Wingtail Way, President of the West Lea Civic Club, addressed Council
and stated for the last 21 years the West Lea Subdivision has experienced water problems.
Ms. Smith gave a detailed overview of water problems West Lea has had. She also stated
in the past her water was cut off even when her bill had been paid on time. Ms. Smith
stated she feels this was a retaliatory action taken against her by the Water Company.
She has two water meters, which she has had for seven years, and the Water Company
is now saying that she has two residents and are billing her as such. She brought water
samples to this meeting for Council to see, which she stated were dark in color. The water
samples were dark in color. However, Ms. Smith stated that the Texas Natural Resources
Conservation Commission reported the water met the minimum required standards and
was safe to drink. She also reported the Brazoria County Appraisal District devalued her
property by 20% on July 11, 2001, as a direct result of these water problems. In closing,
she stated they are residents of Pearland and thanked the City for stepping up to the plate
to help them find a solution to this very aggravating problem.
David Courtney, 3829 Meadow Lark, thanked residents of West Lea who donated their
time to allow him to speak on their behalf. Mr. Courtney addressed Council and stated he
realizes that recent floods have created a disaster, however, he is here to discuss another
disaster regarding water eroding the very foundation that his neighborhood West Lea was
built upon. He gave a detailed presentation of the poor quality, unreliable pressure and the
overall shoddy service executed by the West Lea Water Company. Mr. Courtney also
reiterated the devaluation of property in West Lea due to the poor water system. He
further reported the owner of the Water Company stated the water produced by the
company meets the minimum required standards of operation. He further stated it seems
to him that the product being produced, if sampled at the right moment, barely meets
health standards. In closing, he stated the surest answer to this dilemma lies in the hands
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1M
of the elected officials. Mr. Courtney stated the residents of West Lea call on the City of
Pearland, as their closest and most accountable body of elected officials, to intervene on
their behalf to resolve these issues. He further stated they feel a coordinated effort
spearheaded by the City, and in concert with their Representative and Senator, will prevail
in finding a resolution to this problem. They request the City move forward using all legal
instruments available to the City. It is imperative to move forward in reapplying for dual
certification so that an alternative water supply could be available. In closing, he stated,
on behalf of his neighborhood, he would like to thank Council for providing a forum and an
avenue for resolving this issue and looks forward to a quick resolution.
Charles Smith, 3637 Wingtail, addressed Council and stated they have had problems with
their water for years. Mr. Smith gave an overview of the problem West Lea's residents
encountered in July of 2000, when they did not have any water available. He stated with
the assistance of Brazoria County Commissioner Clawson and the City of Pearland they
were able to get water. He further reviewed the problems they have encountered with the
water system and the owner of the water system since that time. He stated he feels the
Texas Natural Resource Conservation Commission does not care about their problems
and hopes the residents will give up and go away. In closing, he asked the City to help
them obtain safe, potable water for West Lea.
Vanessa Abbey, 4009 Wingtail Way, addressed Council and stated she has lived in West
Lea for eight years. She began experiencing water problems after moving into her newly
constructed home. She was continuously told by the water system owner that she was the
only one in the neighborhood having any problems with the water. After talking to
neighbors she discovered she was not the only one having problems. Ms. Abbey further
reported after living in her home for one year, her washing machine and dishwasher
became grossly discolored and the brown water has ruined clothes. Periodically the water
smells, sometimes that of a wet dog. She stated she is being told by Ms. Jamison that the
problem with her water is her water heater. Ms. Abbey stated she told Ms. Jamison the
water out of the cold water side is just as brown. She said she does not care who owns
the water system she just wants good, clear, safe water. In closing, she asked if anyone
would like to come live in her neighborhood, with their devalued property, and drink the
"safe water". Ms. Abbey thanked Council for their time.
J.W. Ponton, 3653 Skylark, addressed Council and stated for about a year now, since the
water well has been put on line, he has had good water. About ten years ago, the State
Health Department was across the street from him with geiger counters checking out a low
level radioactive site across the street. The person at the scene stated it was safe and was
just low level and under control. He further stated he was almost killed in 1995 at work and
knows for a fact life is short. He values his family's safety and livelihood. If he was getting
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water like that out of his tap he would have packed his bags and left West Lea a long-time
ago.
Michael Konzem, 1026 W. Belgravia, addressed Council and stated he does not live in
West Lea but has property there. He expressed his concerns after seeing the water
problems that West Lea had last year and continues to put off building on the property.
He stated he hopes the City can come in and do something about it.
Mayor Reid called a recess at 8:35 p.m.
Mayor Reid called the meeting back to order at 8:50 p.m.
DOCKETED PUBLIC HEARING: None.
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES:
1. Minutes of the June 25, 2001, Regular Council Meeting held at 7:30 p.m.
2. Minutes of the July 9, 2001, Joint Public Hearing held at 6:30 p.m.
3. Minutes of the July 9, 2001, Public Hearing held at 6:30 p.m.
4. Minutes of the July 9, 2001, Regular Council Meeting held at 7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF
PARK VILLAGE ESTATE SECTION THREE. Mr. John Hargrove, City Engineer.
C. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF
THE LINKS OF GREEN TEE. Mr. John Hargrove, City Engineer.
D. CONSIDERATION AND POSSIBLE ACTION - EXCUSE ABSENCE OF
COUNCILMEMBER RICHARD TETENS FROM THE REGULAR COUNCIL
MEETING HELD ON JULY 9, 2001. City Council.
E. CONSIDERATION AND POSSIBLE ACTION - EXCUSE ABSENCE OF
COUNCILMEMBER WOODY OWENS FROM THE REGULAR COUNCIL
MEETING HELD ON JULY 9, 2001. City Council.
F. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF
ORDINANCE NO. 1017 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
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OF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS WITHIN THE
CORPORATE LIMITS OF THE CITY OF PEARLAND UPON SONGBIRD DRIVE
IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH AUBRELL STREET
(GARDEN GATE SUBDIVISION); 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.
G. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF
ORDINANCE NO. 1018 -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 MAGNOLIA
BOULEVARD IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH
HARKEY ROAD; 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.
H. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF
ORDINANCE NO. 1019 - 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 LAKECREST LANE
IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH IRISH SHORES
LANE, UPON IRISH SHORES LANE IN A SOUTHERLY DIRECTION AT ITS
INTERSECTION WITH LAKECREST LANE, UPON IRISH SHORES LANE IN A
NORTHERLY DIRECTION AT ITS INTERSECTION WITH LAKECREST LANE;
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
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007
PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY
AND WELFARE OF THE CITIZENRY. Mr. Michael Ross, Project Director.
1. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF
ORDINANCE NO. 629 -2 -AN ORDINANCE OFTHE CITYCOUNCIL OFTHE CITY
OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 629, AS IT MAY HAVE
BEEN, FROM TIME TO TIME, AMENDED, ESTABLISHING AND
REESTABLISHING PRIMA FACIE SPEED LIMITS PURSUANT TO ARTICLE
6701D, VERNON'S TEXAS CIVIL STATUTES, UPON THE BASIS OF AN
ENGINEERING AND TRAFFIC INVESTIGATION, UPON FM 518, OR PARTS
THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, AS
SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY FOR VIOLATION;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A
REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION AND AN
EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED
TO REGULATE THE SPEED LIMIT IN THIS AREA INURES TO THE BENEFIT OF
THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON
THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Michael Ross,
Project Director.
J. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 1012 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, ESTABLISHING A CURFEW FOR PERSONS
UNDER THE AGE OF 17 YEARS, BETWEEN 11:00 P. M., ON ANY SUNDAY,
MONDAY, TUESDAY, WEDNESDAY, OR THURSDAY AND 6:00 A. M. ON THE
FOLLOWING DAY, BETWEEN THE HOURS OF 12:01 A. M. AND 6:00 A. M. ON
ANY SATURDAY OR SUNDAY, AND BETWEEN THE HOURS OF 9:00 A. M. AND
2:30 P. M. FOR SCHOOL -AGED CHILDREN ON SCHOOL DAYS; PROVIDING IT
UNLAWFUL FOR ANY PERSON SUBJECT TO A CURFEW HEREUNDER TO
REMAIN IN ANY PUBLIC PLACE OR ON THE PREMISES OF ANY
ESTABLISHMENT WITHIN THE CITY DURING CURFEW HOURS; PROVIDING
IT UNLAWFUL FOR ANY PARENT OR GUARDIAN OFA PERSON SUBJECT TO
A CURFEW HEREUNDER TO KNOWINGLY PERMIT, OR BY INSUFFICIENT
CONTROL, ALLOW SUCH PERSON TO REMAIN IN ANY PUBLIC PLACE OR ON
THE PREMISES OF ANY ESTABLISHMENT WITHIN THE CITY DURING
CURFEW HOURS, PROVIDING IT UNLAWFUL FOR ANY PERSON OWNING,
OPERATING, OR IN THE EMPLOYMENT OF ANY ESTABLISHMENT IN THE
CITY TO KNOWINGLY ALLOW A PERSON SUBJECT TO A CURFEW
HEREUNDER TO REMAIN ON THE PREMISES OF SUCH ESTABLISHMENT
DURING CURFEW HOURS; PROVIDING DEFENSES TO PROSECUTION FOR
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I1:
VIOLATIONS HEREUNDER, PROVIDING A PENALTY FOR VIOLATJON;
PROVIDING FOR TIMELY REVIEW AND ANALYSIS OF SAID ORDINANCE TO
DETERMINE ITS EFFECTIVENESS; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN
EFFECTIVE DATE AND FOR CODIFICATION, AND CONTAINING OTHER
PROVISIONS RELATING TO THE SUBJECT. Mr. Darrin Coker, City Attorney.
Mayor Pro -Tem Marcott asked that Consent Agenda Items K and L be removed from the
Consent Agenda for further discussion.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Marcott, to adopt
the Consent Agenda Items A through J, with the exception of Items K and L, as presented
on the Consent Agenda.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger.
Voting "No"
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA:
As requested by Mayor Pro -Tem Marcott Consent Agenda Items K and L were removed
from the Consent Agenda for further discussion.
K. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-525 - 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 82.103
ACRES, WITHIN THE ALLISON RICHEY GULF COAST HOME COMPANY,
SUBURBAN GARDENS SUBDIVISION, T.C.R.R., SECTION 4, ABSTRACT 675,
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 981) (NORTHWEST CORNER
OF SH 288 AND BROADWAY) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE
REQUEST OF WELLINGTON STEVENS, III, AGENT FOR PEARLAND FREEWAY
PARTNERS AND CARRINGTON WEEMS, II, OWNERS, PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
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009
PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director
of Community Services.
L. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-526 - 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 4.303
ACRES, WITHIN THE ALLISON RICHEY GULF COAST HOME COMPANY,
SUBURBAN GARDENS SUBDIVISION, T.C.R.R., SECTION 4, ABSTRACT 675,
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 981) (NORTHWEST CORNER
OF SH 288 AND BROADWAY) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO OFFICE PROFESSIONAL DISTRICT (OP)
AT THE REQUEST OF WELLINGTON STEVENS, III, AGENT FOR PEARLAND
FREEWAY PARTNERS AND CARRINGTON WEEMS, II, 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 TOTHE SUBJECT. Mr. Tobin Maples, Executive
Director of Community Services.
Councilmember Owens made the motion, seconded by CounciImember Tetens, to approve
Ordinance No. 509-525 (Application No. 981) and Ordinance No. 509-526 (Application No.
981) on their second and final reading.
City Manager, Bill Eisen, stated Items K and L are related in that they are all part of one
zoning case. Item K is an 82 acre tract of land located at the northwest corner of SH288
and Broadway. A zone change to Commercial District is proposed. Item L is for re -zoning
of approximately 4.3 acres of land, which is part of the same development, to Office
District.
Councilmember Owens stated his concern is that this property backs up to a residential
area. If developers build a multi -story building there may be some privacy issues for
nearby residents whose backyard can be viewed by people in the building. He further
stated a buffer zone needs to be discussed as a solution.
Councilmember Tetens stated he would like to know if the buffer zone divides all of the
residential areas in Shadow Creek Ranch.
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010
Deputy City Manager, Alan Mueller, stated on the north side of this tract there is some
property that is not owned by Shadow Creek Ranch which is still zoned Suburban
Development.
Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
NEW BUSINESS:
FIRST READING OF ORDINANCE NO. 509-527 - 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 15, H. T. & B. R.R. COMPANY
SURVEY, SECTION 6, A-544, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP
OR PLAT THEREOF RECORDED IN VOLUME 136, PAGE 501, DEED RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 979) (13260 HATFIELD ROAD)
FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) TO MOBILE
HOME DISTRICT PLANNED UNIT DEVELOPMENT (MH PUD) AT THE REQUEST OF
DOUGLAS WAYNE STAHLHEBER, 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, Executive Director of Community Services.
Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 509-527 (Application No. 979) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
deny Application No. 979.
City Manager, Bill Eisen, stated this is a 10 acre tract of land which is proposed to be
changed from single family dwelling district to mobile home district planned unit
development. There are two factors which have occurred that would cause there to be a
requirement for City Council to have a 3/4 majority vote to approve the change since
Planning and Zoning has recommended denial and secondly because the owners of more
than 20% of the surrounding property have indicated their opposition.
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011
Mike O'Day, 2351 Garden Road, addressed Council and stated he is asking for the zone
change to Planned Unit Development Mobile Home Park. He stated it is a 45 unit mobile
home park which will be considered a California style mobile home park with covered
parking, covered front porch and storage area. This will be a gated community with trees
and open spaces and will be a high class mobile home park. He reported before they
purchased this property they came to City Staff and asked how they could use the property
and were told it was grandfathered as a mobile home park for 21 homes. City Council
asked them to come back and offer the property as a planned unit development so that
Staff and Council would have the opportunity to be more directed as far as the property will
be developed, which they have done.
Cathy Ruff, 3117 Maryfield, addressed Council and stated she was at this meeting to
represent her parents, who live next door to the proposed mobile home park. She reported
they presented a petition with 300 signatures, which were submitted at the recent hearing.
She stated she feels comparable housing brings crime to the area and reads weekly local
newspaper reports of police calls made to existing mobile home parks. She stated a
mobile home park would bring property values down and there is not enough room on the
street to handle additional vehicles. She would like Council to deny this application for
zoning change.
Robert Wesley, 3402 Watkins, addressed Council and stated he recently purchased a lot
across from the proposed mobile home park. He further stated if he had known about this
he would not have purchased the property. He would like Council to deny this application
for zone change.
Mary Helen Perez, 13322 Hatfield, addressed Council and stated she has lived in her
home off and on for the past 40 years. In the past there has been a problem in her
neighborhood with enforcement of zoning, such as mobile homes in areas they do not
belong, according to the City's zoning plan. She stated she would like Council to deny this
application for zone change.
Councilmember Tetens stated the City issued a building permit to these owners who began
work and spent a considerable amount of money developing in good faith and the City
stopped them because the City Attorney said it was not zoned correctly. He also stated
engineering items were not presented with paperwork given to Council.
City Attorney, Darrin Coker, stated 4 out of 5 councilmembers would have to support the
zone change for it to pass. He further stated in previous discussions it was decided to wait
on some of the engineering items since it would be an extra expense to the owners if the
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oil
zone change was denied. The drainage plan would be sent to engineering if the zoning
were approved.
Councilmember Tetens stated when Council is presented a PUD with pertinent information
not included they do not have all the information needed to see the entire picture of the
proposed development.
Mayor Pro -Tem Marcott stated citizens have a right to come and speak for or against this
issue since they are citizens of Pearland. One of the benefits of being annexed into the
City is that this gives some control over what is put on this property. Prior to being
annexed someone could have put whatever they wanted on this property. He stated he
feels this zone change will not pass since there will probably not be the 4 votes needed to
override the Planning and Zoning Commission's recommendation. There will be expenses
to the City since there is a lawsuit pending against the City on this issue and the City, along
with residents of Pearland, will end up paying for this lawsuit.
Councilmember Seeger stated this area has been annexed and the City is expected to
adhere to the Comprehensive Plan which is set up for R-2 Residential in this area.
Councilmember Wilkins stated he feels a mobile home park of this magnitude would not
be in the best interest of the citizens of the City of Pearland, He further stated he feels that
the City of Pearland has enough mobile homes and apartments.
Councilmember Owens stated he feels the City led the owners down the path as far as
initially giving them approval for a mobile home park. He stated he is tired of coming to
Council meetings and spending hours there, sometimes until midnight or 1:00 a.m.,
discussing items in Executive Session and then reading about them in the newspaper the
following day. He stated he believes if this practice continues everything should be
discussed out in the open and have no Executive Session or Executive Session's should
remain confidential.
Voting "Aye" Councilmembers Tetens and Owens.
Voting "No" Councilmembers Marcott, Wilkins, and Seeger.
Motion Failed 3 to 2.
COUNCIL ACTION - RESOLUTION NO. R2001-92 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT WITH GREEN -
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013
HOLLOW, LTD., FOR THE OVERSIZING OF A WATER MAIN EXTENDING ALONG
SCARSDALE BOULEVARD. Mr. Alan Mueller, Deputy City Manager.
Councilmember W ilkins made the motion, seconded by Councilmember Tetens, to approve
Resolution No. R2001-92
Councilmember Wilkins stated he is tired of not being recognized as is Councilmember
Owens who gets to be recognized anytime, whether it is in the beginning, middle or end
of the meeting. He stated he had further comments to add but would save them for the
proper decorum.
City Manager, Bill Eisen, stated this proposed action is for the City to participate in an
oversize agreement with the developer for construction of the water line. The City's
required expenditure would be $44,491.00.
Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2001-97 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING THE HARRIS COUNTY
FLOOD CONTROL DISTRICT'S APPLICATION FOR HAZARD MITIGATION FUNDS
ASSOCIATED WITH THE ACCELERATED BUYOUT OF HOMES LOCATED IN HARRIS
COUNTY. Mr. Chris Kidwell, Grants Coordinator.
Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to
approve Resolution No. R2001-97.
City Manager, Bill Eisen, stated Harris County Flood Control District has submitted an
application to FEMA to fund acquisition of homes that are located within the flood plain.
Harris County Flood Control has indicated they would include in their application to FEMA,
homes in the Green Tee Subdivision which are located in Harris County, if the City would
agree to be responsible for maintenance of the properties if and when they are purchased
by HCFCD. He further stated it would be a substantial savings to the City if the buyout
occurs with Harris County. It is the recommendation to approve the Resolution and that
the City supply the maintenance for these properties.
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Mayor Pro -Tem Marcott stated if Harris County buys the homes out does this mean
Pearland does not have to.
City Manager, Bill Eisen, stated that is correct, Harris County will be buying the homes.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2001-96 - A RESOLUTION OF THE CITY
COUNCIL OFTHE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR INFLOW AND
INFILTRATION WORK ASSOCIATED WITH THE SLEEPY HOLLOW AND LONGWOOD
SERVICE AREA. Mr. Jerry Burns, Public Works Director.
Council member Tetens made the motion, seconded by Counci[member Owens, to approve
Resolution No. R2001-96.
City Manager, Bill Eisen, stated this is an award of a contract for construction of the sewer
system improvements which are designed to decrease inflow and infiltration in the Sleepy
Hollow and Longwood Service areas.
Mayor Pro -Tem Marcott stated he would like to know what the method of pipe bursting is.
Is this putting in a bigger pipe or the same kind and out of what material the pipe is
composed.
Jerry Burns, Public Works Director, stated they have to send a machine down to the old
pipe which will burst the pipe. It then goes through and pulls the other pipe behind it. It
splits it out, keeps the above ground construction and only leaves an inner hole. The pipe
is made of PVC.
Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2001-98 - A RESOLUTION OF THE CITY
COUNCIL OFTHE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
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015
OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH KLOTZ ASSOCIATES, INC.
FOR THE PREPARATION OF A RAINFALL AND FLOOD STUDY. Mr. John Hargrove,
City Engineer.
Councilmember Owens made the motion, seconded by Councilmember Seeger, to
approve Resolution No. 82001-98.
City Manager, Bill Eisen, stated the proposed contract with Klotz & Associates would
provide engineering assistance to the City to perform rainfall and flood area studies on the
main channels in the City. This study would estimate storm frequency magnitude and map
the flood fringe by GPS/GIS methods, giving the City a benchmark reference and GIS
overlay to use for future planning decisions. This will aid in future planning and also
evaluation of the last flood and any potential solutions there might be to this.
Councilmember Seeger stated he would like to know if this was something done on a
regular basis or if it is a one time deal.
City Engineer, John Hargrove, stated this is on a one time basis and will be used to
measure Tropical Storm Allison. It will create a strong base for the stream and rainfall
gauging project that is coming out for next year's budget to determine how much it rained,
where it rained, etc., instead of trying to guess after the fact.
Robert Mason, 6402 Scott, addressed Council and stated he would like to know if the City
was out with a camera taking pictures during the flood or just trying to figure it out
afterwards.
City Engineer, John Hargrove, stated the City would not propose this if the City did not
have high water marks. The City had a couple of hundred known high water marks. The
City needs to determine x and y, where they are, and z where it is so we can put them on
a map and project from there instead of going out and guessing where these elevations
are. What the City will do is find those elevations and project them using topography.
Fire Marshal, Larry Steed, stated picture taking was not done since there were more
immediate needs during that time.
Reverend Barnett, reported he took pictures on his side of town and on Sleepy Hollow
which he would make available if necessary.
Mayor Pro -Tem Marcott stated he would like to find out the availability of satellite pictures
that may have been taken during that time.
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016
City Engineer, John Hargrove, stated he had not investigated the availability of satellite
pictures.
Councilmember Seeger stated Mr. Hargrove seemed relatively certain of where the water
marks were located.
City Engineer, John Hargrove, stated yes they are confident and there are also about
10,000 citizens who would be happy to show them where they are located. He further
stated the City has the GPS technology now that can determine where you are with
accuracy.
Councilmember Seeger stated will this be useful in disputes over flood plain boundaries
and things like that.
City Engineer, John Hargrove, stated yes it would very useful in things such as this and
could also perform some of the groundwork for the next map revision.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1016 -AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF A
CONCRETE SLAB INTO THE CITY'S TEN FOOT (10') UTILITY EASEMENT LOCATED
NEAR THE INTERSECTION OF FM 518 AND DIXIE FARM ROAD IN THE CITY OF
PEARLAND. Mr. John Hargrove, City Engineer.
Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 1016 on its first reading.
City Manager, Bill Eisen, stated the City has had a request from a property owner in the
vicinity of the Home Depot store located near Dixie Farm Road and FM 518. The request
was for release of a 10 foot utility easement. Staff recommends Council issue a waiver of
encroachment to the record owners which are Pearland Center, LTD.
Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens.
Voting "No" None.
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Motion passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:37 p.m. to
discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY:
REGARDING POTENTIAL LITIGATION. Mr. Darrin Coker, City Attorney.
2. SECTION 551.074 - PERSONNEL MATTERS - REGARDING
APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION. City
Council.
3. SECTION 551.074 - PERSONNEL MATTERS - REGARDING
APPOINTMENTS TO TAX INCREMENT REINVESTMENT ZONE NO. 2
BOARD. City Council.
4. SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING THE
SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY -PARKLAND.
City Council.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 10:50 p.m.
COUNCIL ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING
POTENTIAL LITIGATION. Mr. Darrin Coker, City Attorney.
Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to direct
Staff to initiate inquiries into the dual certification process as it applies to the West Lea
Water System.
Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens.
Voting "No" None.
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017
BE
Motion Passed 5 to 0.
COUNCIL ACTION - REGARDING APPOINTMENTS TO THE PLANNING AND ZONING
BOARD COMMISSION. City Council.
No Council action taken.
COUNCIL ACTION - REGARDING APPOINTMENTS TO TAX INCREMENT
REINVESTMENT ZONE NO. 2 BOARD. City Council.
No Council action taken.
COUNCIL ACTION - DIRECTION TO STAFF REGARDING THE SALE, PURCHASE, OR
EXCHANGE OF REAL PROPERTY- PARK LAND. City Council.
Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Wilkins, to direct
Staff to negotiate for the purchase of park land as discussed in executive session.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
ADJOURNMENT:
Meeting was adjourned at 10:51 p.m.
Minutes approved as submitted and/or corrected this the 13"' day of August, 2001.
ATTEST:
Tom Reid
Mayor
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