2001-11-12 CITY COUNCIL REGULAR MEETING MINUTESi+&•
-- MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON NOVEMBER 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 Manager
City Attorney
City Secretary
Tom Reid
Larry Marcott
Richard Tetens
Woody Owens
Larry Wilkins
Klaus Seeger
Bill Eisen
Darrin Coker
Young Lorfing
Others in attendance: Deputy City Manager Alan Mueller; Executive Director of Community
Services Tobin Maples; Police Chief J.C. Doyle; City Engineer John Hargrove; Community
Relations Liaison Phibi Vassallo; Parks and Recreation Director Ed Hersh; Public Works
Director Jerry Burns; Assistant City Attorney Nghiem Doan; Project Manager Allen Hague;
Grants and Strategic Planning Coordinator Chris Kidwell
The invocation was given by President of Pine Hollow Homeowner's Association, James
Birdsong, and the Pledge of Allegiance was led by J.C. Doyle.
MAYOR'S ACTIVITY REPORT:
Mayor Reid presented a proclamation to the Sablatura K.I.P.P.E.R.S., which is Kids in
Pearland Protecting the Environment by Responsible Service, proclaiming December 7,
2001 °Sablatura K.I.P.P.E.R.S. Day".
Mayor Reid presented a Texas Department of Health Wellness Program Appreciation
plaque to Grants and Strategic Planning Coordinator Chris Kidwell, Human Resources
Secretary Cristen Wood, and Benefits Specialist Yesenia Garza.
Mayor Reid reported on October 23 he attended a Making a Difference Annual Meeting;
October 24 he attended a Career/Technology Advisory Committee Meeting, and attended
the Head Start Open House; October 28 presented a proclamation to Silverlake Church,
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attended a dedication for Methodist Scout facility; October 29 met with Mayor Martin of
Manvel on common issues, and attended a PISD Education Improvement Committee;
October 30 presented a proclamation to Pearland Physical Therapy; October 31 attended
a Disciples of Faith Community Prayer for the New York World Trade Center Tower;
November 1 attended a ribbon cutting for Cactus Grill, and attended a bond presentation
at the Pearland Community Center; November 2 attended a groundbreaking at Crosspoint
Fellowship Church on Old Alvin Road; November 3 attended a ribbon cutting for the
Festival of Lights Hindu Temple; November 6 attended a Bond Election "Watch" at the
Chamber of Commerce; November 7 he met with Peariand Hospital consultants, and
attended the Pearland Community Hospital Board of Directors Meeting; November 8
attended a ribbon cutting at Giavani's Italian Buffet, attended a College Center
Business/Industry Meeting, attended a Pearland College Board of Governors Meeting, and
also attended the Keep Pearland Beautiful Annual Banquet; November 9 attended a
Recycle Committee field trip to Rosenberg facility; November 11 attended the Veterans
Day Recognition at the VFW Post and also presented a certificate to Pastor Ganther from
the Disciples of Faith Church.
COUNCIL ACTIVITY REPORTS:
Councilmembers Tetens, Owens, Wilkins, and Seeger passed on giving a report.
Mayor Pro -Tem Marcott reported he would like to thank everyone that came out and voted
for the Bond issues. They are important and there is a lot of work to do now.
CITY MANAGER'S REPORT:
City Manager, Bill Eisen, reported that an engineering firm has been selected for program
management to try and accelerate these projects as much as possible. The specific terms
of the contract are being finalized.
The annual Christmas Tree Lighting Ceremony in front of City Hall will be held on
November 29, 2001 and would like to encourage everyone to come out for that.
CITIZENS:
Charles McMurrey, 5209 Spring Branch Drive, addressed Council and stated he would like
to know if Pearland is going to be a city of homes or a city of industry. He stated he is
president of the Springfield Homeowners Association and he and several residents are in
support of the zone change in the area that is adjacent to a new middle school and
Westwood subdivision and is also of interest to Springfield subdivision, which is also
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nearby. He, nearby residents, and homeowners associations in the area would like to see
the property changed from heavy industry to R-2. He would like Council to approve this
zone change.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES:
Minutes of the October 22, 2001, Joint Public Hearing held at 6:30
p.m.
B. CONSIDERATION AND POSSIBLE ACTION - APPOINTMENT OF TIRZ
NO. 2 CHAIRMAN. Mayor Reid.
C. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-
155 -A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, CASTING VOTES FOR CANDIDATES FOR THE
BRAZORIA COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS.
Mayor Reid.
D. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION
ACCEPTANCE - SUNRISE LAKES SECTION 4. Mr. John Hargrove, City
Engineer.
E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-541 - 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 1.878 ACRES IN LOT 52, ALLISON RICHEY GULF
COAST HOME CO. SUBDIVISION, SECTION 29, H. T. & B. R.R.
COMPANY SURVEY, A-292, ACCORDING TO THE PLAT RECORDED IN
VOLUME 2, PAGE 101, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 996) (5418 MAIN STREET) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL
DISTRICT (M-1) AT THE REQUEST OF, JOHNNIE B. WALLACE, OWNER,
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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.
F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-542 - 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 1-5, BLOCK 2, PINE HOLLOW, SECTION 2-A,
AS RECORDED IN VOLUME 2, PAGE 20, B.C.D.R., PERRY & AUSTIN
LEAGUE, A-111, ACCORDING TO THE MAP OR PLAT THEREOF
RECORDED IN VOLUME 20, PAGES 277-278, PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 994)(3513,3515,3517,
3519 & 3521 PINE VALLEY DRIVE) FROM CLASSIFICATION
COMMERCIAL DISTRICT (C) TO SINGLE FAMILY DISTRICT (R-3) AT THE
REQUEST OF R. WEST DEVELOPMENT CO., INC., AGENT FOR
HOUSTON PINE HOLLOW ASSOCIATES, LTD., AND BRIGHTON HOMES,
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, Executive Director of Community
Services.
G. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-543 - 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 70, FIGLAND ORCHARD SUBDIVISION NO. 1,
RECORDED IN VOLUME 3, PAGE 77, PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 995) (5902 FITE ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF
LUIS R. RAMOS, OWNER, PROVIDING FOR AN AMENDMENT OF THE
LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
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SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive
Director of Community Services.
H. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1042 - AN ORDINANCE AUTHORIZING THE
PURCHASE OF A SURETY RESERVE FUND POLICY; AND ENACTING
OTHER PROVISIONS RELATING THERETO; AND DECLARING AN
EMERGENCY. Mr. Darrin Coker, City Attorney.
Mayor Reid asked that Consent Agenda Items C and H be removed from the Consent
Agenda for further discussion.
Councilmember Tetens made the motion, seconded by Councilmember Owens to adopt
Consent Agenda Items A through H, excluding items C and H as presented on the Consent
Agenda.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
IX. MATTERS REMOVED FROM CONSENT AGENDA
Mayor Reid asked that Consent Agenda Items C and H be removed from the Consent
Agenda for further discussion.
RESOLUTION NO. R2001-155 - A RESOLUTION AND ORDER OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, CASTING VOTES FOR CANDIDATES FOR THE
BRAZORIA COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS. Mayor Reid.
Councilmember Owens made the motion, seconded by Councilmember Wilkins to appoint
Dennis Frauenberger as the candidate for Brazoria County Drainage District Board of
Directors.
Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens.
Voting "No" None.
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274
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 1042 - AN ORDINANCE
AUTHORIZING THE PURCHASE OF A SURETY RESERVE FUND POLICY; AND
ENACTING OTHER PROVISIONS RELATING THERETO; AND DECLARING AN
EMERGENCY. Mr. Darrin Coker, City Attorney.
Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 1042 on its first and only reading.
City Manager, Bill Eisen, stated this is a repeat of an action that was taken previously by
Council when water and sewer revenue bonds were sold. The Attorney General has
requested that the action be taken separately. It is identical to the action taken previously
except that it is separated out into a separate legal document.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
NEW BUSINESS:
COUNCIL ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1040 -
ORDINANCE CANVASSING RETURNS AND DECLARING RESULTS OF SPECIAL
BOND ELECTION. Mr. Darrin Coker, City Attorney.
Councilmember Wilkins made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 1040 on its first and only reading.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid recognized former Councilmember Helen Beckman who was head of the PAC
group. He stated the PAC was able to effectively convey the necessity of the success of
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the Bond election. The Mayor thanked everyone who served on the Pearland Access
Committee.
FIRST AND ONLY READING OF ORDINANCE NO.1041 -ORDINANCE AUTHORIZING
ANDORDERING THE ISSUANCE OF CITY OF PEARLAND, TEXAS GENERAL
OBLIGATION REFUNDING BONDS, SERIES 2001; PRESCRIBING THE TERMS AND
FORM THEREOF; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL THEREOF
AND INTEREST THEREON; AWARDING THE SALE THEREOF; MAKING OTHER
PROVISIONS REGARDING SUCH BONDS, INCLUDING USE OF THE PROCEEDS
THEREOF, AND MATTERS INCIDENT THERETO; AND DECLARING AN EMERGENCY.
Mr. Alan Mueller, Deputy City Manager,
Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to
approve Ordinance No. 1041 on its first and only reading.
City Manager, Bill Eisen, stated some years ago the City entered into an agreement with
the developer of TIRZ No. 1, which is the Villages of Edgewater Estates to reimburse them
for certain expenditures involved in developing property. In a previous work session
Council agreed that they would do the reimbursement through refunding bonds rather than
through traditional TIRZ bonds to obtain a more favorable rate.
Frank Ildebrando, Financial Advisor with Dane Rauscher, addressed Council and stated
the advantages of the City issuing the debt instead of the TIRZ is the reduction of issuance
cost as well as a significant reduction of interest rates. With the recent reduction in short-
term interest rates the rate the bonds are set is 3.9%. This cuts issuance expenses down
by $40,000 to $50,000.
Rick Witte with Andrews & Kurth, LLP who is Bond Counsel, addressed Council and stated
the bonds would be privately placed with Zions First National Bank, nevertheless, the
process still goes through the Attorney General's office for approval which takes
approximately 30 days. Scheduled closing is December 12, 2001 and then will pay the
developer and that obligation goes away.
Discussion ensued between Council, Mr. Ildebrando and Mr. Witte regarding issuance of
refunding bonds.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger.
Voting "No" None.
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Motion Passed 5 to 0.
Mayor Reid, with concurrence of Council, moved to New Business Item No. 21.
COUNCIL ACTION - RESOLUTION NO. R2001-158 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE
CONSTRUCTION OF PINE HOLLOW PARK. Mr. Ed Hersh, Parks and Recreation
Director.
CouncilmemberTetens made the motion, seconded by Councilmember Owens, to approve
Resolution No. R2001-158.
City Manager, Bill Eisen, stated R. West Development donated the land for this park which
will be built in the Pine Hollow neighborhood.. The low bidder was Blue Ridge Services
at a cost of $238,850. Pine Hollow Homeowners Association will provide $20,000 of the
cost.
Nancy Dietrich, 3705 Pine Branch Drive, addressed Council and stated she is in favor of
building of this park and encourages Council to approve this resolution.
Yvonne Berry, 3606 Knotty Pine Circle, addressed Council and stated she is in favor of
building this park.
Kelly Moody, 3708 Pine Bark Court, expressed her support of approval of this resolution
via e-mail which was addressed to Council.
Mark J. Lambert, 3710 Pine Tree Drive, addressed Council and stated he would like to
express his strong support of this park.
James Birdsong, 3705 Pine Tree Drive, addressed Council and stated he is in favor of
building this park and encourages Council to approve this resolution.
Parks and Recreation Director, Ed Hersh, addressed Council and stated residents of Pine
Hollow subdivision gave input on the layout and design of this park. He further stated the
money to fund the construction is coming out of the Council approved Park Dedication
Ordinance fund.
Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens.
Voting "No" None.
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Motion Passed 5 to 0.
277
James Birdsong, President of Pine Hollow Homeowner's Association, reported a
contribution to the City of Pearland from the Pine Hollow Homeowners Association in the
amount of $20,000 to go towards construction of this park.
Mayor Reid, with concurrence of Council, moved to New Business Item No. 24.
COUNCIL ACTION - RESOLUTION NO. R2001-160 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE BUILD-
OUT
UILDOUT OF THE CITY HALL BUILDING. Mr. Ed Hersh, Parks and Recreation Director.
Councilmember Owens made the motion, seconded by Councilmember Wilkins, to
approve Resolution No. R2001-160.
City Manager, Bill Eisen, stated this is for the build -out of City Hall which includes a
partition in the Municipal Courts and Utility Billing departments for added security, the
Finance department will move from the third floor to the second floor, the Legal department
will move to Finance department's former location on the third floor, and also includes
minor modifications to the City Manager's office. In part, this will be funded by the Court
Security Fund and a General Fund and also $40,000 was budgeted in a contingency. Due
to the amount of the bid there is a request for an additional $15,000 to the Capital Projects
Fund to utilize for this purpose. That money is undesignated in that area and will not be
taking away from another project if Council approves this resolution. The recommendation
is to award the contract to Piedmont Contractors who was the low bidder. This company
has done similar work for the City both in City Hall and the Community Center.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid, with concurrence of Council, moved back to New Business Item No. 3.
SECOND AND FINAL READING OF ORDINANCE NO. 509-531 - 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
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CERTAIN REAL PROPERTY LOCATION BEING 80 ACRES OUT OF THE F. B. DRAKE
SURVEY, A-508, SECTION 12, H. T. & B. R.R. CO. SURVEY, CITY OF PEARLAND,
BRAZORIA CO., TX (APPLICATION NO. 988)(VETERANS ROAD @ SPRINGFIELD
AVENUE) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) AND HEAVY T
INDUSTRIAL DISTRICT (M-2) TO SINGLE FAMILY DISTRICT (R-2) AT THE REQUEST
OF JAMES CORNELIUS OF SOWELL & COMPANY, AGENT FOR MARY F. EDWARDS,
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.
Councilmember Wilkins made the motion, seconded by Councilmember Seeger, to
approve Ordinance No. 509-531 (Application No. 988) on its second and final reading.
Mark LeJune, 3912 Greenwood Road, addressed Council and stated he lives in Westwood
subdivision and is in favor of approving this zone change request to R-2.
James Cornelius, 1601 Elm Street, addressed Council and stated he represents Sowell
and Company and he would like Council to approve this zone change request to R-2.
David Miller, 3603 West Pine Orchard, addressed Council and stated he lives in Pine
Hollow subdivision and is in favor of approving this zone change request to R-2.
Martha Larson, 3906 Dogwood Drive, addressed Council and stated she lives in Westwood
Village subdivision and is in favor of approving this zone change request to R-2.
Mark Larson, 3914 Fernwood, addressed Council and stated he lives in Westwood
subdivision and is in favor of approving this zone change request to R-2.
Derreck Bell, 4013 Cedarwood, addressed Council and stated he lives in Westwood
subdivision and is in favor of approving this zone change request to R-2.
Helen Beckman, 2705 Churchill, addressed Council and stated she is against approving
this zone change request to R-2.
Voting "Aye" Councilmembers Owens, Wilkins, and Seeger.
Voting "No" Councilmembers Tetens and Marcott.
Motion Passed 3 to 2.
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279
FIRST READING OF ORDINANCE NO. 1033 -AN ORDINANCE EXTENDING THE CITY
LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN
CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND
ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (SOUTH BELT/COUNTY
ROAD 48); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH
LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO
THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. Mr. Tobin
Maples, Executive Director of Community Services.
Councilmember Seeger made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 1033 on its first reading.
City Manager, Bill Eisen, stated this property is located at Beltway 8 and County Road 48.
For those persons interested in this item, Ordinance 509-544, next item on the agenda, is
the corresponding zoning ordinance associated with this property.
Mayor Reid stated Councilmember Wilkins became ill and will be absent for the remainder
of the meeting.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
FIRST READING OF ORDINANCE NO. 509-544 - 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 DESIGNATING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY LOCATION BEING 139 ACRES OF LAND, MORE OR
LESS, BEING GENERALLY LOCATED IN THE R. BLACKBURN SURVEY, A-160 AND
THE JAMES HAMILTON OR D. WHITE SURVEY, A-876, HARRIS COUNTY, TEXAS
(APPLICATION NO. 1000) (TRACT 1 - BELTWAY 8) AS CLASSIFICATION LIGHT
INDUSTRIAL DISTRICT (M-1), 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.
Page 11 of 26 - 11/12/2001
CouncilmemberTetens made the motion, seconded by Councilmember Owens, to approve
Ordinance No. 509-544 (Application No. 1000) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
approve Application .No. 1000.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
FIRST READING OF ORDINANCE NO.1037 - AN ORDINANCE EXTENDING THE CITY
LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN
CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND
ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (MASSEY RANCH
ROAD/HARKEY ROAD); APPROVING A SERVICE PLAN FOR ALL OF THE AREA
WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS
RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY
CLAUSE. Mr. Tobin Maples, Executive Director of Community Services.
Councilmember Owens made the motion, seconded by CouncilmemberTetens, to approve
Ordinance No. 1037 on its first reading.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
FIRST READING OF ORDINANCE NO. 509-545 - 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 DESIGNATING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY LOCATION BEING 832 ACRES OF LAND, MORE OR
LESS, BEING GENERALLY LOCATED IN SECTION 32, H. T. & B. R.R. CO. SURVEYOR
C.W. GROOS SURVEY, A-525 AND SECTION 31, H. T. & B. R.R. COMPANY SURVEY,
A-293, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1004)(TRACT 4 - BAILEY
ROAD @ CR 143) AS CLASSIFICATION ESTATE LOT SINGLE FAMILY DWELLING
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�— DISTRICT (RE), 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 Tetens, to
approve Ordinance No. 509-545 (Application No. 1004) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
approve Application No. 1004.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
FIRST READING OF ORDINANCE NO. 1039 - AN ORDINANCE EXTENDING THE CITY
LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN
CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND
ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (BARRY ROSE
ROAD/COUNTRY CLUB DRIVE); APPROVING A SERVICE PLAN FOR ALL OF THE
AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS
RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY
CLAUSE. Mr. Tobin Maples, Executive Director of Community Services.
Councilmember Seeger made the motion, seconded by Councilmember Tetens, to
approve Ordinance No.1039 on its first reading.
John Santasiero, 4545 Post Oak Place, addressed Council and stated he is with Riverway
Properties and would like Council to table this issue.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
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282
FIRST READING OF ORDINANCE NO. 509-546 - 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 DESIGNATING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY LOCATION BEING 774 ACRES OF LAND, MORE OR
LESS, BEING GENERALLY LOCATED IN THE D. H. M. HUNTER SURVEY, A-36 AND
THE T. J. GREEN SURVEY, A-290, HARRIS COUNTY, TEXAS (APPLICATION NO.
1006)(TRACT 6 - CLEAR CREEK @ COUNTRY CLUB DRIVE) AS CLASSIFICATION
ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (RE), PROVIDING FOR AN
AMENDMENT OFTHE LAND USE DISTRICT MAP; CONTAINING ASAVINGS 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 table
Ordinance No. 509-546 (Application No. 1006) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
approve Application No. 1006.
Walter Morrison, 8 Pine Briar Circle, addressed Council and stated he is there to represent
his wife, Sue Alexander Morrison, who is the owner of land that is included in the 774 acres
proposing to be annexed. He stated Mrs. Morrison is not in favor of zoning this property
to residential.
John Santasiero, 4545 Post Oak Place, addressed Council and stated he would like
Council to deny the motion to approve (RE) zoning.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
FIRST READING OF ORDINANCE NO.1036 - AN ORDINANCE EXTENDING THE CITY
LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN
CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND
ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (BAILEY ROAD/MANVEL
ROAD); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS
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283
'— AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT;
AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. Mr. Tobin Maples,
Executive Director of Community Services.
Councilmember Owens made the motion, seconded by CouncilmemberTetens, to approve
Ordinance No. 1036 on its first reading.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
FIRST READING OF ORDINANCE NO. 509-547 - 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 DESIGNATING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY LOCATION BEING 76 ACRES OF LAND, MORE OR
LESS, BEING GENERALLY LOCATED IN SECTION 18, H. T. & B. R.R. COMPANY
SURVEY, OR GEORGE C. SMITH SURVEY, A-547, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 1003) (TRACT 3 - MANVEL ROAD @ BAILEY ROAD) AS
CLASSIFICATION ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (RE),
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 table
Ordinance No. 509-547 (Application No. 1003) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
table Application No. 1003.
City Attorney, Darrin Coker, stated since this item was tabled by the Planning and Zoning
Commission, Council cannot consider this item until there is a recommendation from P&Z.
He further stated he recommends Council table this item until there is a formal report from
the Planning & Zoning Commission.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Tetens.
Page 15 of 26 - 11/12/2001
i '
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
FIRST READING OF ORDINANCE NO. 1035 - AN ORDINANCE EXTENDING THE CITY
LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN
CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND
ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (FM 521/COUNTY ROAD
92); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS
AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT;
AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. Mr. Tobin Maples,
Executive Director of Community Services.
Councilmember Seeger made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 1035 on its first reading.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
FIRST READING OF ORDINANCE NO. 509-548 - 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 DESIGNATING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY LOCATION BEING 411 ACRES, MORE OR LESS,
BEING GENERALLY LOCATED IN THE H. T. & B. R.R. COMPANY SURVEY, A-538,
BRAZORIA COUNTY, TEXAS(APPLICATION NO. 1001) (TRACT 2 - BROADWAY
STREET C CR 48) AS CLASSIFICATION ESTATE LOT SINGLE FAMILY DWELLING
DISTRICT (RE), 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.
CouncilmemberTetens made the motion, seconded by Councilmember Owens, to approve
Ordinance No. 509-548 (Application No. 1001) on its first reading.
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Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
approve Application No. 1001.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
FIRST READING OF ORDINANCE NO. 1034 -AN ORDINANCE EXTENDING THE CITY
LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN
CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND.
ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (FM 521/COUNTY
ROAD 59); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH
LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE
SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. Mr. Tobin
Maples, Executive Director of Community Services.
Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve
Ordinance No. 1034 on its first reading.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
FIRST READING OF ORDINANCE NO. 509-549 - 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 DESIGNATING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY LOCATION BEING 168 ACRES, MORE OR LESS,
BEING GENERALLY LOCATED IN THE A. B. LANGERMAN SURVEY, A-555 AND THE
H. T. & B. R. R. COMPANY SURVEY, A-538, FORT BEND COUNTY, TEXAS
(APPLICATION NO. 1002) (TRACT 2A - BROADWAY STREET @ FM 521) AS
.CLASSIFICATION LIGHT INDUSTRIAL DISTRICT (M-1), PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
Page 17 of 26 - 11/12/2001
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. 509-549 (Application No. 1002) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
approve Application No. 1002.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
FIRST READING OF ORDINANCE NO. 1038 - AN ORDINANCE EXTENDING THE CITY
LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN
CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND
ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (STATE HIGHWAY
35/COUNTY ROAD 413); APPROVING A SERVICE PLAN FOR ALL OF THE AREA
WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS
RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY
CLAUSE. Mr. Tobin Maples, Executive Director of Community Services.
Councilmember Seeger made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 1038 on its first reading.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
FIRST READING OF ORDINANCE NO. 509-550 - 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 DESIGNATING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY LOCATION BEING 260 ACRES, MORE OR LESS,
BEING GENERALLY LOCATED IN THE H T. & B. R.R. COMPANY SURVEY, A-308, AND
Page 18 of 26 - 11/12/2001
X87
-- THE H. T. & B. R.R. COMPANY SURVEY, A-551, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 1005) (TRACT 5 - NEAR MAIN STREET 35 @ CR 112) AS
CLASSIFICATION LIGHT INDUSTRIAL DISTRICT (M-1), 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.
Councilmember Tetens made the motion, seconded by Councilmember Owens, to table
Ordinance No. 509-546 (Application No. 1005) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
deny Application No. 1005.
Minerva Guerra, 2605 E. Harris, addressed Council and stated she is not in favor of this
zone change to Industrial District.
Charlie Holmes, 9249 County Road 413, addressed Council and stated he is not in favor
of this zone change to Industrial District.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
COUNCIL ACTION - RESOLUTION NO. R2001-156 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE SALE OF LOT 6
(N/2), BLOCK 2, PHASE II, OF THE BRAZORIA COUNTY INDUSTRIAL PARK FOR THE
BID AMOUNT OF $9,050.00. Mr. Darrin Coker, City Attorney.
CounciImember Owens made the motion, seconded by CounciImember Tetens, to approve
Resolution No. R2001-156.
City Manager, Bill Eisen, stated this is a piece of property that was taken back by the taxing
entities that were owed money by the property owner for failure to pay property taxes. No
bids were received for the property when it was placed at auction. Since then an offer has
come in which is for an amount less than the amount owed on the property. If the City
accepts the offer it will receive approximately a third of what it is owed. The property being
Page 19 of 26 - 11/12/2001
off the tax roll is not helping the City. The recommendation is that the offer be accepted
since it is the only one received.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
FIRST AND ONLY READING ORDINANCE NO.1032 - AN ORDINANCE OF THE CITY
COUNCILOFTHE CITYOF PEARLAND, TEXAS, DISCONTINUING AND DISANNEXING
CERTAIN TERRITORY FROM THE CITY AND ADJUSTING THE CITY'S BOUNDARIES
ACCORDINGLY; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND
A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE;
AND DECLARING AN EMERGENCY BECAUSE THE NEED TO CLARIFY BOUNDARIES
BETWEEN ADJACENT MUNICIPALITIES INURES TO THE BENEFIT OF THE PUBLIC
AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE
OF THE CITIZENRY. Mr. Darrin Coker, City Attorney.
Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 1032 on its first and only reading.
City Manager, Bill Eisen, stated this action, if taken by Council, would disannex 99 feet of
a 100 -foot strip in certain areas in MUD Nos. 2, 3, and 6. The intent of this would be to
Avoid a situation that exists where some homes are partly in and partly out of the City
limits.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
COUNCIL ACTION - RESOLUTION NO. R2001-157 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO ENTER INTO AN AGREEMENT WITH HARRIS COUNTY FOR
COST SHARING ASSOCIATED WITH THE DIXIE FARM, SCARSDALE-YOST, AND
BARRY ROSE -HUGHES ROAD PROJECTS. Mr. Alan Mueller, Deputy City Manager.
Page 20 of 26 - 11/12/2001
M
Councilmember Seeger made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2001-157.
City Manager, Bill Eisen, stated this agreement incorporates all the thoughts and
discussions that Council and the City has had with Harris County with regard to these 3
projects including Dixie Farm, Yost, and Barry Rose. The only thing that would change
somewhat, from discussions that have been ongoing for a few years, is to modify the dates
on which the Yost Road project would be done.
Voting "Aye" Councilmembers Marcott, Owens, and Tetens.
Voting "No" Councilmember Seeger,
Motion Passed 3 to 1, with Councilmember Wilkins absent.
COUNCIL ACTION - RESOLUTION NO. R2001-159 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CREATION OF
A NON-INTEREST BEARING BANK ACCOUNT AS REQUIRED BY THE FEMA
ACCELERATED BUYOUT PROGRAM. Mr. Chris Kidwell, Grants and Strategic Planning
Coordinator.
CouncilmemberTetens made the motion, seconded by Councilmember Owens, to approve
Resolution No. R2001-159.
City Manager, Bill Eisen, stated FEMA regulations require the establishment of a dedicated
non-interest bearing bank account before the City can receive funds for the accelerated
buyout of flood -damaged homes located in the floodplain. The City's investment policy
says it cannot create a non-interest bearing account and this item is to allow variation to
this policy to meet the requirements of this program.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
COUNCIL ACTION - RESOLUTION NO. R2001-167 - A RESOLUTION OF THE CITY
COUNCIL OFTHE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO ALLOCATE ADDITIONAL LOCAL MATCHING FUNDS TO
Page 21 of 26 - 11/12/2001
290
PURCHASE TO PURCHASE ELIGIBLE HOMES UNDER THE FEMA BUYOUT
PROGRAM. Mr. Chris Kidwell, Grants and Strategic Planning Coordinator.
CouncilmemberTetens made the motion, seconded by Councilmember Owens, to approve
Resolution No. R2001-167 and to allocate $365,000 in additional local matching funds to
purchase 13 eligible homes under the FEMA buyout program.
City Manager, Bill Eisen, stated in this year's budget process the City allocated 1.2 million
dollars out of the operating budget for a local match for the FEMA program. In order to
complete the buyout of eligible homes from the FEMA approved application, additional
funds would have to be identified. If the City wishes to purchase eligible homes whose
owners signed up after the application was submitted to FEMA, further local funding would
be required.
Chris Kidwell, Grants and Strategic Planning Coordinator, addressed Council and gave a
brief overview of the homes and cost involved in the FEMA buyout.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
COUNCIL ACTION - RESOLUTION NO. R2001-162 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO ENTER INTO CONTRACTS WITH CARTER & BURGESS, INC.
AND CROSSLAND ACQUISITION, INC. FOR ENGINEERING AND RIGHT-OF-WAY
ACQUISITION SERVICES ASSOCIATED WITH THE FM 518 WEST SEWER PROJECT.
Mr. Al Hague, Project Manager.
Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2001-162.
City Manager, Bill Eisen, stated these proposed contracts are an issue that Council had
discussed at a recent Council meeting with regard to the FM 518 sewer project. This will
provide the necessary design and engineer services and land acquisition to complete that
process.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Tetens.
Page 22 of 26 - 11/12/2001
Voting "No" None.
291
Motion Passed 4 to 0, with Councilmember Wilkins absent.
COUNCIL ACTION RESOLUTION NO. R2001-163 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CHANGE ORDER
FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE DAVID L. SMITH EAST
POND REGIONAL DETENTION PROJECT. Mr. John Hargrove, City Engineer.
Councilmember Seeger made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2001-163.
City Manager, Bill Eisen, stated item is a change order that involves several changes to the
agreement and some of the work that would be done on the David L. Smith East Pond.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
COUNCIL ACTION - RESOLUTION NO. R2001-164 - 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
DRAINAGE DISTRICT NO.4 FOR THE PAVING OF AND DRAINAGE IMPROVEMENTS
TO NOTTINGHAM STREET WITHIN THE CITY OF PEARLAND. Mr. Al Hague, Project
Manager.
CouncilmemberTetens madethe motion, seconded byCounciImember Owens, toapprove
Resolution No. R2001-164.
City Manager, Bill Eisen, gave a brief explanation of the project which is expected to begin
once a drainage easement is received from the YMCA.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
Page 23 of 26 - 11/12/2001
292
COUNCIL ACTION - RESOLUTION NO. R2001-165 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE FAR NORTHWEST
WASTEWATER TREATMENT PLANT. Mr. Alan Mueller, Deputy City Manager.
Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve
Resolution No. R2001-165.
City Manager, Bill Eisen, stated based upon all the expenditures that have occurred to date
for engineering, land acquisition, etc. we believe will be about $240,000 short by project
ending. That will have to be made up by a future revenue bond issue or additional cash
coming from the Shadow Creek Impact Fee Fund or possibly a reserve from the Water and
Sewer Operating Fund. This will be a long-term construction project and should have
ample time to deal with any of those alternatives that would be necessary.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
COUNCIL ACTION - RESOLUTION NO. R2001-166 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO ENTER INTO AN INSPECTION CONTRACT WITH BOB HOLT
FOR CONSTRUCTION INSPECTION SERVICES ASSOCIATED WITH THE FAR
NORTHWEST WASTEWATER TREATMENT PLANT. Mr. John Hargrove, City Engineer.
Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2001-166.
City Manager, Bill Eisen, stated this is a proposed contract with Bob Holt for inspection
services on the Far Northwest Wastewater Treatment Plant. His fee is 1.75% of
construction costs, which in this case is approximately $157,000.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
Page 24 of 26 - 11/12/2001
293
FIRST READING OF ORDINANCE NO.1031 -AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA
COUNTY MUNICIPAL UTILITY DISTRICT NO. 18 OF APPROXIMATELY 20.4791 ACRES
OF LAND. Mr. Darrin Coker, City Attorney.
Councilmember Seeger made the motion, seconded. by Councilmember Owens, to
approve Ordinance No. 1031 on its first and only reading.
City Manager, Bill Eisen, stated this is an annexation to an in -City MUD and all the
information provided is in accordance with the City's new requirements and the additional
acreage will keep the overall size within the limits established.
City Attorney, Darrin Coker, stated this is the last annexation for MUD No. 18 which will put
them at 775 acres, which is what was set as the limit.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 11:12 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 - CONSULTATION WITH THE CITY ATTORNEY
REGARDING THE PENDING LITIGATION - PEARLAND PARKWAY.
2. SECTION 551.072 - DISCUSSION REGARDING ACQUISITION OF REAL
PROPERTY FOR THE SOUTHEAST WATER PLANT.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 11:53 p.m.
COUNCIL ACTION - REGARDING THE PENDING LITIGATION - PEARLAND
PARKWA Y.
Page 25 of 26 - 11/12/2001
294
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Marcott, to
authorize the City Attorney to negotiate a settlement associated with property along
Pearland Parkway as discussed in Executive Session. L-1
Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
COUNCIL ACTION - RESOLUTION NO. R2001-161 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE PURCHASE OF
2.86 ACRES FOR THE FUTURE CONSTRUCTION OF THE SOUTHEAST WATER
PLANT. Mr. Al Hague, Project Manager.
Council member Tetens made the motion, seconded by Councilmember Owens, to approve
Resolution No. R2001-161.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
ADJOURNMENT:
Meeting was adjourned at 11:55 p.m.
Minutes approved as submitted and/or corrected this the 10 day of December , 2001.
Tom Reid
Mayor
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