2002-05-20 CITY COUNCIL REGULAR MEETING MINUTES07:1
MINUTES - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MAY 20, 2002, AT 7:00 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
Woody Owens
Richard Tetens
Larry Wilkins
Larry Marcott
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; Parks and
Recreation Director Ed Hersh; Project Director Joe Wertz.
The invocation was given by Mayor Tom Reid and the Pledge of Allegiance was led by
Police Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported on May 14 he attended the Southeast Economic Development
Council Committee Meeting; May 15 attended Open House at the Savannah Subdivision,
Pearland Independent School District dedication of -the Administration Building Plaza and
also attended Brazoria County Cities Association Meeting; May 16 attended the
Chamber's Leadership Council Meeting, Pearland/Friendswood Clear Creek Co -Op
Meeting, Gulf Coast Water Authority Board of Director's Meeting, and that evening
attended the Police Awards Banquet; May 18 attended the retirement party of Postal
employee Mrs. Montanes, and also attended the Girl Scout Bridging Event in the Pearland
area.
COUNCIL ACTIVITY REPORTS
Councilmember Tetens reported on May 15 he attended the Brazoria County Cities
Association Meeting; May 16 he attended the Leadership Council Meeting and that
evening also attended the Police Awards Banquet.
Councilmember Wilkins passed on giving a report.
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Mayor Pro -Tem Owens reported on May 14 he attended the Brazoria County Government
Elections Committee Meeting in Angleton; May 15 attended the Metro update of the Rail
Program and attended the Open House at Savannah; He also attended the Brazoria
County Infrastructure Committee Meeting in Freeport and attended Brazoria County Cities
Association; May 16 attended the Police Awards Banquet.
Councilmember Marcott reported he attended the Brazoria County Cities Association
Meeting.
Councilmember Seeger stated his job has pretty well kept him out of circulation and does
not have anything to report.
CITY MANAGER'S REPORT
City Manager, Bill Eisen, reported May 19-25 is Texas Emergency Medical Services Week
and wanted to take a minute to acknowledge the fine job that both the City's paid and
volunteer personnel, who provide EMS services to our citizens do. They do not get as
much attention as they deserve and wanted to make certain to mention them this week.
Mr. Eisen also announced that the EMS will be sponsoring a Blood Drive on June 1, 2002
at the Kroger Store located at 8323 West Broadway. He further reported that certain types
of signs are not permitted by the Sign Ordinance. Those are small and sometimes
referred to as "bandit signs" that are located within the right-of-way. There were citizens at
the last meeting who spoke on that issue. Last Monday the second Code Enforcement
position was filled, and over the weekend they were working on the enforcement of the
small signs, and over 125 signs were removed from the right -of- ways.
CITIZENS
Dale Pillow, 2302 Meadow Green Drive, addressed Council and expressed her concerns
regarding the number of bandit signs that are being placed within the City. Ms. Pillow also
commended the Code Enforcement Officers for the great work they did regarding the
removal of the "bandit signs."
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — ACCEPTANCE OF LAKES AND
CHANNELS FOR SHADOW CREEK RANCH. Mr. John Hargrove, City Engineer.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING
OF ORDINANCE NO. 1061 — AN ORDINANCE OF THE CITY COUNCIL OF THE
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CITY OF PEARLAND, TEXAS, AUTHORIZING A COLLECTION FEE IN THE
AMOUNT OF THIRTY PERCENT (30%) OF EACH DELINQUENT DEBT AND
ACCOUNT RECEIVABLE, INCLUDING COURT FINES AND FEES, REFERRED
TO A LAW FIRM FOR COLLECTION. Mr. Darrin Coker, City Attorney.
C. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF
ORDINANCE NO. 1062 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, RENAMING COUNTY ROAD 869 AS AVITTS ROAD;
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 ASSIGN STREET NAMES TO COUNTY ROADS ANNEXED INTO THE
CITY INURES TO THE BENEFIT OF THE GENERAL PUBLIC AND, THEREFORE,
BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY. Mr. Darrin Coker, City Attorney.
D. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF
ORDINANCE NO. 1063 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ESTABLISHING A STOP SIGN ON FREEDOM DRIVE IN
AN EASTERLY DIRECTION AT ITS INTERSECTION WITH OLD CHOCOLATE
BAYOU; 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 FOR STOP SIGNS
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 Tetens made the motion, seconded by Councilmember Wilkins, to adopt
Consent Agenda Items A through D, as presented on the Consent Agenda.
Voting "Aye" Councilmembers Tetens, Wilkins, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA: None.
NEW BUSINESS
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0 71.
FIRST READING OF ORDINANCE NO. 509-585 - 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 73.328 ACRES CONSISTING OF
THREE TRACTS: TRACT I: BEING LOTS 9A AND 12A, OUT OF SECTION 12, H. T. & B.
R.R. COMPANY, SURVEY, A-508, BRAZORIA COUNTY, TEXAS; TRACT II: BEING
10.208 ACRES IN THE A.C.H. & B. SURVEY, SECTION 2, A-507, BRAZORIA COUNTY,
TEXAS, BEING ALL OF LOTS A & F, L.W. MURDOCK SUBDIVISION AS RECORDED IN
VOLUME 29, PAGE 174, DEED RECORDS OF BRAZORIA COUNTY, TEXAS, AND
BEING PART OF THE LAND CONVEYED BY THOMAS F. ALEXANDER TO JOHN
ALEXANDER, TRUSTEE, BY DEED DATED MAY 20, 1960, AND RECORDED IN
VOLUME 767, PAGE 299, AMONG THE DEED RECORDS OF BRAZORIA COUNTY,
TEXAS; AND TRACT III: 23.12 ACRES, BEING LOT 9, SECTION 12, H. T. & B. R.R. CO.
SURVEY, A-508, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1035)(VETERANS
ROAD) FROM CLASSIFICATION HEAVY INDUSTRIAL DISTRICT (M-2) AND
COMMERCIAL DISTRICT (C) TO SINGLE FAMILY DISTRICT PLANNED UNIT
DEVELOPMENT (R-2 PUD) AT THE REQUEST OF JAMES CORNELIUS OF SOWELL &
COMPANY, AGENT FOR THREE G INVESTMENTS, 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.
Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to table
Ordinance No. 509-585 (Application No. 1035) and return it to the Planning and Zoning
Commission to review changes that have been made to the Planned Unit Development.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
deny Application No. 1035.
City Manager, Bill Eisen, stated the Planning and Zoning Commission has recommended a
denial of this land use change, therefore, it will require a three quarter vote by City Council
to override the Planning and Zoning Commission's recommendation.
Mark Dumoit, 2111 CR 428, addressed Council and stated Mr. Cornelius is a very
professional developer and he is in support of the application for this land use change to
an R-2 Planned Unit Development.
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James Cornelius, 1601 Elm Street, Suite 300, addressed Council and stated the purpose
of the Planned Unit Development was to use the P.U.D. process to define and guarantee
the buffer on the eastern edge. Mr. Cornelius continued, and summarized the changes
that have been made to the Planned Unit Development.
Lengthy discussion ensued between Council and Mr. Cornelius regarding the proposed
Planned Unit Development.
Voting "Aye" Councilmembers Wilkins, Owens, and Seeger.
Voting "No" Councilmembers Marcott and Tetens.
Motion Passed 3 to 2.
FIRST READING OF ORDINANCE NO. 509-586 - 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 THE NORTH 5 ACRES OF TRACT 21,
ALLISON RICHEY GULF COAST HOME COMPANY SUBURBAN GARDENS, SECTION
8, H.T. & B.R.R. COMPANY SURVEY, A-504, BRAZORIA COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 2, PAGE 22-
24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1038) (2533
& 2537 ROY ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF MIKE HOLLMAN OF
COLDWELL BANKER UNITED, AGENT FOR HOLLIS _ AND LINDA BARDWELL,
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.
Mayor Pro -Tem Owens made the motion, seconded by Councilmember Wilkins, to
approve Ordinance No. 509-586 (Application No. 1038) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
approve Application No. 1038.
Hollis Bardwell, 2533 & 2537 Roy Road, addressed Council and stated he is trying to sell
the property and wants to have it rezoned to Commercial.
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Bobbie Graham, 2530A E. Broadway, addressed Council and stated that last week when
the Planning and Zoning Meeting began they were not in the room and were not able to
answer questions that had come up. She stated that after the meeting she was able to
answer the questions, but it was too late. Ms. Graham stated she was here and available
to answer questions.
Brief discussion ensued between Council regarding this land use change and after the
discussion Council stated they would consider zoning the area General Business.
Voting "Aye" Councilmembers Wilkins and Owens.
Voting "No" Councilmembers Seeger, Marcott and Tetens.
Motion Failed 3 to 2.
FIRST READING OF ORDINANCE NO. 509-587 - 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 2 & 3, BLOCK 1, BETHEL
SUBDIVISION, SECTION 1, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 19, PAGES 223-224, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 1036) (8033 HUGHES RANCH ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY,
DISTRICT (RE) AT THE REQUEST OF RONALD AND LORNA SWEET, 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 Marcott made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 509-587 (Application No. 1036) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
approve Application No. 1036.
Voting "Aye" Councilmembers Tetens, Wilkins, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
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COUNCIL ACTION — RESOLUTION NO. R2002-82 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, 'TEXAS, AWARDING A BID FOR
CONSTRUCTION OF THE MISCELLANEOUS ROAD PROJECTS, GROUP #1,
ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM.
Mr. Bill Eisen, City Manager.
Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Owens, to
approve Resolution No. R2002-82.
City Manager, Bill Eisen, stated this is the first award of construction bids for any of the
projects coming out of the Bond election that was approved by the voters last November.
Group # 1 of the street projects includes three different jobs one is reconstruction and
widening of Old Alvin Road between Plum and FM 518, the other two are intersection
improvements, one at Fite Road and Harkey, and the other at Magnolia and McLean. The
low bid was submitted by W.T. Byler Company in the amount of $978,246.25.
Brief discussion ensued between Council and Staff regarding the project's time schedules.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Wilkins, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — CHARTER AMENDMENTS. Mr. Darrin Coker, City Attorney.
Councilmember Tetens made the motion, seconded by Councilmember Marcott, to table
this item until the Runoff Election is over.
Voting "Aye" Councilmembers Marcott, Owens, and Tetens.
Voting "No" Councilmembers Seeger and Wilkins.
Motion Passed 3 to 2.
COUNCIL ACTION — RESOLUTION NO. R2002-83 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CHANGE ORDER
FOR CONSTRUCTION SERVICES ASSOCIATED WITH ROAD REPAIRS MADE TO
BROADWAY STREET. Mr. Jerry Burns, Public Works Director.
Councilmember Wilkins made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2002-83.
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City Manager, Bill Eisen, stated this project relates to some improvements that were done
to the extension of Broadway on the west side of SH 288. Earlier this year, the road had
become almost impassable. He further stated, at that time he authorized work to be done
on the road to get it back in decent shape, not only for the users on that road but also for
traffic that cuts through that area going to other areas west of here. Originally it was
believed that the work could be done for less than $25,000. However, once the project had
begun other work was required and the price did exceed $25,000. Therefore, Staff
recommends Council's approval of the $29,748 for those repairs.
Voting "Aye" Councilmembers Tetens, Wilkins, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS: None
ADJOURNMENT
Meeting was adjourned at 8:01 p.m.
Minutes approved as submitted and/or corrected this the 10 day of June, 2002.
Tom Reid
Mayor
ATTEST:
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