2002-07-08 CITY COUNCIL REGULAR MEETING MINUTES143
MINUTES - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON JULY 8, 2002, AT 7:30 P.M., IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
The meeting was called to order with the following present:
Mayor
Tom Reid
Councilmember
Richard Tetens
Councilmember
Charles Viktorin
Councilmember
Larry Marcott
Councilmember
Klaus Seeger
City Manager
Bill Eisen
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Absent: Mayor Pro -Tem Woody Owens
Others in attendance: Deputy City Manager Alan Mueller; Executive Director of
Community Services Tobin Maples; Police Chief J.C. Doyle; City Engineer John
Hargrove; Public Works Director Jerry Burns; Assistant City Attorney Nghiem Doan;
Project Director Joe Wertz.
The invocation was given by Councilmember Charles Viktorin and the Pledge of
Allegiance was led by Police Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid stated that he attended the July 4 celebration in Independence Park and
was very impressed with the festivities and felt that the Parks Department did a superb
job. He further stated that the event should continue to be at Independence Park since
you can sit on the grass and has lots of ground in which to sit on.
Mayor Reid reported that Mayor Pro -Tem Owens was out of town on a business trip and
would not be able to attend tonight's meeting.
Mayor Reid reported on June 26-29 he attended the meeting of TML Insurance Risk
Pool Board of Directors; June 29 he judged floats for the Pine Hollow Parade, and
attended the installation of Master of Spencer Masonic Lodge; July 1 attended a Council
Workshop; July 2 attended a meeting of the Chamber Industry of the Year Selection
Committee, and the AARP Monthly Meeting; and on July 4 attended the July 4 t
activities at Independence Park.
Page 1 of 14 - 7/8/2002
144
COUNCIL ACTIVITY REPORTS
Councilmember Tetens stated that he attended the July 4 celebration at Independence
Park and would like to commend the Parks and Recreation department for a great job.
He further stated that the event was well attended.
Councilmember Viktorin stated he attended a one -day workshop last week that was
hosted by the Houston -Galveston Area Council for newly elected councilmembers in
area cities. He further reported that it was a great learning experience and gained some
tools that will hopefully allow him to better perform this function.
Councilmember Marcott stated on June 29, 2002, he was going down Dixie Farm Road
and traffic was backed up because a tree had fallen in the middle of the road. He
further stated that Pearland police officers, Corporal Nichols and Officer Dotson, were
there to stop traffic and get the tree out of the middle of the road. He added that he
would like citizens to know that the police officers are doing more than stopping citizens
but were also looking out for citizen's health and welfare. He further added that he
would like to commend those police officers and would like Police Chief, J.C. Doyle, to
extend his appreciation to those two officers.
Councilmember Seeger passed on giving a report.
CITY MANAGER'S REPORT
City Manager, Bill Eisen, stated there has been a petition received by the City
Secretary's office requesting that an election be called for the legal sale of mixed
beverages in restaurants located in the City of Pearland. The City Secretary's office
has completed the process of verifying the signatures on the petition. There are enough
signatures to cause this election to be called and will be on the next City Council
meeting agenda which is two weeks from tonight.
CITIZENS
Jim Arnold, 2904 Trinity, addressed Council and stated that a year ago the City allowed
a bond to be passed for infrastructure improvements, with $7.2 million designated for
his neighborhood, which is Corrigan Subdivision. It has been almost a year since this
was passed and sees no construction going on. He further stated the vacant lots from
the demolished homes are not being well kept and it makes the neighborhood look bad.
Mayor Reid stated that he would like the record to reflect that Mason Locke Weems 6,
701 E. Brazos Avenue, filled out a speaker request form but was not present to speak.
DOCKETED PUBLIC HEARING: None
Page 2 of 14 - 7/8/2002
CONSENT AGENDA:
1401-
CONSENT
40
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF
MINUTES:
1. Minutes of the June 24, 2002, Regular Council Meeting held
at 7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION
ACCEPTANCE OF FAIRWAYS AT HIGHLAND GLEN SECTION
TWO. Mr. John Hargrove, City Engineer.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND
FINAL READING OF ORDINANCE NO. 509-588 — 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, ON CERTAIN REAL PROPERTY,
MORE OR LESS, LOCATED IN THE DUPUY AND ROBERTS
SURVEY, ABSTRACT 726, BRAZORIA COUNTY; WILLIAM
MORRIS SURVEY, ABSTRACT 344, BRAZORIA COUNTY;
T.C.R.R. COMPANY SURVEY, SECTION 3, ABSTRACT 678,
BRAZORIA COUNTY; T.C.R.R. COMPANY SURVEY, SECTION 4
(JOHN W. MAXEY), ABSTRACT 675, BRAZORIA COUNTY;
OBEDIAH PITTS SURVEY, ABSTRACT 717, BRAZORIA
COUNTY; H. T. & B. R.R. COMPANY SURVEY, SECTION 80 (J.S.
TALMAGE), ABSTRACT 564, BRAZORIA COUNTY; H. T. & B.
R.R. COMPANY SURVEY, SECTION 81, ABSTRACT 300,
BRAZORIA COUNTY; H. T. & B. R.R. COMPANY SURVEY,
SECTION 82 (J.S. TALMAGE), ABSTRACT 565, BRAZORIA
COUNTY; H. T. & B. R.R. COMPANY SURVEY, SECTION 83,
ABSTRACT 305 IN BRAZORIA COUNTY AND ABSTRACT 761 IN
FORT BEND COUNTY; S.G. HAYNIE SURVEY, ABSTRACT 212
IN BRAZORIA COUNTY AND ABSTRACT 620 IN FORT BEND
COUNTY; FRANKLIN HOOPER SURVEY, ABSTRACT 198, FORT
BEND COUNTY; GEORGE W. MCDONALD SURVEY,
ABSTRACT 577, FORT BEND COUNTY; I.C. STAFFORD
SURVEY, ABSTRACT 668, FORT BEND. COUNTY AND THE H.
LEVERING SURVEY, ABSTRACT 279, FORT BEND COUNTY,
TEXAS (APPLICATION NO. 1040) (SHADOW CREEK RANCH
DEVELOPMENT) TO AUTHORIZE A COMPREHENSIVE SIGN
PROGRAM AT THE REQUEST OF KERRY R. GILBERT &
ASSOCIATES, INC., AGENT FOR SHADOW CREEK RANCH
DEVELOPMENT COMPANY, L.P., OWNER, PROVIDING FOR AN
Page 3 of 14 - 7/8/2002
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.
D. CONSIDERATION AND POSSIBLE ACTION SECOND AND
FINAL READING OF ORDINANCE NO. 509-589 — 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 8.842 ACRES, H. T. & B. R.R.
COMPANY SURVEY, A-243, BRAZORIA COUNTY, TEXAS,
BEING A PORTION OF LOT 8, SECTION 19, ALLISON RICHEY
GULF COAST HOME COMPANY SUBDIVISION, AS RECORDED
ON A MAP OR PLAT IN VOLUME 2, PAGE 23, BRAZORIA
COUNTY MAP RECORDS, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 1039) (1115 CULLEN BOULEVARD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)
TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF PAUL
BRENT DURRETT, 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.
E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND
FINAL READING OF ORDINANCE NO. 509-590 — 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 AND GRANTING A SPECIFIC USE PERMIT FOR
STORAGE AND MINI -WAREHOUSES ON THE FOLLOWING
PROPERTY BEING LOT 3, BLOCK 1, OLD CHOCOLATE BAYOU,
BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 108) (2737
OLD CHOCOLATE BAYOU ROAD) FROM CLASSIFICATION
COMMERCIAL DISTRICT (C)TO COMMERCIAL DISTRICT -
SPECIFIC USE (C(S)) AT THE REQUEST OF OSBORN & VANE
ARCHITECTS, AGENT FOR JAMES AND DOROTHY MEDEARIS,
OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND
Page 4 of 14 - 7/8/2002
147
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. .509-592 - 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 AND GRANTING A SPECIFIC USE PERMIT FOR A
CHURCH ON THE FOLLOWING PROPERTY BEING 9.521
ACRES, W.D.C. HALL LEAGUE, A-70, BRAZORIA COUNTY,
TEXAS (SPECIFIC USE NO. 107) (3007 AND 3017 YOST ROAD
AND 3214 HAMM ROAD) FROM CLASSIFICATION SINGLE
FAMILY DWELLING DISTRICT (R1) TO SINGLE FAMILY
DWELLING DISTRICT — SPECIFIC USE (R1(S)) AT THE
REQUEST OF SIDNEY KLIESING, AGENT FOR SHADYCREST
BAPTIST CHURCH, 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.
G. CONSIDERATION AND POSSIBLE ACTION SECOND AND
FINAL READING OF ORDINANCE 509-593 — 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 8, BLOCK 7, HICKORY CREEK PLACE, H. T. & B.
R.R. COMPANY SURVEY, SECTION 7, A-219, BRAZORIA
COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT
THEREOF RECORDED IN VOLUME 11, PAGE 1, BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 1042) (O'DAY ROAD)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R1)
AT THE REQUEST OF LYNDA TAYLOR KENNEDY, AGENT FOR
PHILLIP W. & TERRI RUTTER, OWNER, PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING
Page 5 of 14 - 7/8/2002
148
A SAVINGS CLAUSE, A 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 AND ONLY
READING OF ORDINANCE NO. 1067 - AN ORDINANCE
ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED
FOR VEHICLES UNDER THE PROVISIONS OF § 545.356,
TEXAS TRANSPORTATION CODE, UPON THE BASIS OF AN
ENGINEERING AND TRAFFIC INVESTIGATION, UPON
CERTAIN STREETS AND HIGHWAYS, OF PARTS THEREOF,
WITHIN THE CORPORATE LIMITS OF THE CITY OF
PEARLAND, AS SET OUT IN THIS ORDINANCE; PROVIDING A
PENALTY OF A FINE NOT TO EXCEED $200 FOR THE
VIOLATION OF THIS ORDINANCE; AND DECLARING AN
EMERGENCY. Mr. Darrin Coker, City Attorney.
I. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 1068 - AN ORDINANCE
PROVIDING FOR THE APPROVAL OF AN AGREEMENT
BETWEEN THE STATE OF TEXAS AND THE CITY OF
PEARLAND, FOR THE INSTALLATION, CONSTRUCTION,
EXISTENCE, USE, OPERATION AND MAINTENANCE OF
HIGHWAY TRAFFIC SIGNALS/LIGHTING AT THE
INTERSECTION OF FM 518 AND THE ENTRANCE TO WAL-
MART, IN THE CITY OF PEARLAND; PROVIDING FOR THE
EXECUTION OF SAID AGREEMENT; AND DECLARING AN
EMERGENCY. Mr. Alan Mueller, Deputy City Manager.
Councilmember Tetens asked that Consent Agenda Item D be removed from the
Consent Agenda for further discussion.
Councilmember Marcott asked that Consent Agenda Item I be removed from the
Consent Agenda for further discussion.
Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to
adopt Consent Agenda Items A through I, with the exception of items D and I, as
presented on the Consent Agenda.
Voting "Aye" Councilmembers Tetens, Viktorin, Marcott, and Seeger.
Voting "No" None.
Page 6 of 14 - 7/8/2002
Motion Passed 4 to 0, with Mayor Pro -Tem Owens absent.
MATTERS REMOVED FROM CONSENT AGENDA
Councilmember Tetens asked that Consent Agenda Item D be removed from the
Consent Agenda for further discussion.
D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-589 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 8.842 ACRES, H. T. & B. R.R.
COMPANY SURVEY, A-243, BRAZORIA COUNTY, TEXAS, BEING A
PORTION OF LOT 8, SECTION 19, ALLISON RICHEY GULF COAST
HOME COMPANY SUBDIVISION, AS RECORDED ON A MAP OR PLAT
IN VOLUME 2, PAGE 23, BRAZORIA COUNTY MAP RECORDS,
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1039) (1115 CULLEN
BOULEVARD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF
PAUL BRENT, DURRETT, 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 Viktorin, to
table Ordinance No. 509-589 (Application No. 1039) on its second and final reading.
Paul Brent Durrett, 6120 Brookside Drive, addressed Council and stated he is the owner
of this property and would like Council to approve this zone change. He gave a brief
presentation regarding current uses of this property.
Councilmember Tetens stated his concerns are regarding the current condition of the
property.
Discussion ensued between Council, and the property owner requesting the zone
change, regarding the uses and current condition of this property.
Voting "Aye" Councilmembers Tetens, Viktorin, Marcott, and Seeger.
Voting "No" None.
Page 7 of 14 - 7/8/2002
149
150
Motion Passed 4 to 0, with Mayor Pro -Tem Owens absent.
I. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 1068 - AN ORDINANCE PROVIDING
FOR THE.APPROVAL OF AN AGREEMENT BETWEEN THE STATE OF
TEXAS AND THE CITY OF PEARLAND, FOR THE INSTALLATION,
CONSTRUCTION, EXISTENCE, USE, OPERATION AND
MAINTENANCE OF HIGHWAY TRAFFIC SIGNALS/LIGHTING AT THE
INTERSECTION OF FM 518 AND THE ENTRANCE TO WAL-MART, IN
THE CITY OF PEARLAND; PROVIDING FOR THE EXECUTION OF
SAID AGREEMENT; AND DECLARING AN EMERGENCY. Mr. Alan
Mueller, Deputy City Manager.
Councilmember Marcott asked that Consent Agenda Item I be removed from the
Consent Agenda for further discussion.
Councilmember Viktorin made the motion, seconded by Councilmember Marcott, to
approve Ordinance No. 1068 on its first and only reading.
City Manager, Bill Eisen, gave a brief overview of the specifics of Ordinance No. 1068.
Councilmember Marcott stated during discussions with TxDOT he would like to see
Staff discuss the timing of the lights.
Voting "Aye" Councilmembers Tetens, Viktorin, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Owens absent.
NEW BUSINESS
COUNCIL ACTION - RESOLUTION NO. R2002-109 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE PEARLAND PARKWAY
PROJECT. Mr. Bill Eisen, City Manager.
Councilmember Marcott made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2002-109.
City Manager, Bill Eisen, gave a brief summary of the bid award to Champagne -Weber,
Inc., for construction: services associated with Pearland Parkway.
Voting "Aye" Councilmembers Tetens, Viktorin, Marcott, and Seeger.
Page 8 of 14 - 7/8/2002
Voting "No" None.
151
Motion Passed 4 to 0, with Mayor Pro -Tem Owens absent.
COUNCIL ACTION RESOLUTION NO. R2002-106 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH THE MURILLO
COMPANY FOR MATERIALS TESTING SERVICES ASSOCIATED WITH THE
PEARLAND PARKWAY PROJECT. Mr. Bill Eisen, City Manager.
Councilmember Seeger made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2002-106.
City Manager, Bill Eisen, gave a brief summary of the contract with Murillo Company.
Voting "Aye" Councilmembers Seeger, Marcott, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Owens absent.
CONSIDERATION AND POSSIBLE ACTION — REMOVE FROM TABLE ORDINANCE
NO. 509-591. City Council.
Mayor Reid stated he received a request from the applicant to leave Ordinance No.
509-591 on the table until the next Council Meeting.
3A. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF
ORDINANCE NO. 509-591 — 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 40
ACRES, BEING ALL OF LOTS 44, 45, 54 AND 55, OUT OF THE ALLISON
RICHEY GULF COAST HOME COMPANY SUBDIVISION, ACCORDING TO
THE PLAT RECORDED IN VOLUME 2, PAGE 98, BRAZORIA COUNTY PLAT
RECORDS, SITUATED IN THE J.S. TALMAGE SURVEY, SECTION 80, A-564,
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1037) (CR 59) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (132) AT THE REQUEST OF JAMES JOHNSON,
AGENT FOR FAMILY CARE MEDICAL CLINIC/ULYSSES WATKINS, JR., M.D.,
OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT
MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
Page 9 of 14 - 7/8/2002
152
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Mr. Tobin Maples, Executive Director of Community Services.
Mayor Reid stated he received a request from the applicant to leave Ordinance No.
509-591 on the table until the next Council Meeting.
COUNCIL ACTION — REMOVE FROM TABLE ORDINANCE NO. 509-585. City
Council.
Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to
remove Ordinance No. 509-585 from the table.
Voting "Aye" Councilmembers Tetens, Viktorin, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Owens absent.
COUNCIL ACTION — 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.
Page 10 of 14 - 7/8/2002
1.53
Councilmember Tetens made the motion, seconded by Councilmember Marcott, to
table Ordinance No. 509-585 (Application No. 1035) on its first reading.
City Manager, Bill Eisen, gave details of this zone change application.
James Cornelius, 1601 Elm Street, stated the plan for this item had been amended and
was approved at a previous Planning and Zoning Meeting.
Voting "Aye" Councilmembers Seeger, Marcott, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Owens absent.
FIRST READING OF ORDINANCE NO. 1066 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION
BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 19 OF
APPROXIMATELY 38,0052 ACRES OF LAND. Mr. Darrin Coker, City Attorney.
Councilmember Viktorin made the, motion, seconded by Councilmember Marcott, to
approve Ordinance No. 1066 on its first reading.
City Manager, Bill Eisen, stated this is to add approximately 38 acres to Municipal Utility
District No. 19, which would make the total acreage 710 acres. This is close to the
maximum allowable acreage in MUD No. 19.
Voting "Aye" Councilmembers Seeger, Marcott, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Owens absent.
COUNCIL ACTION — RESOLUTION NO. R2002-108 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CHANGE ORDER
FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE FAR NORTHWEST
WATER PLANT. Mr. Bill Eisen, City Manager.
Councilmember Marcott made the motion, seconded by Councilmember Viktorin, to
approve Resolution No. R2002-108 with prejudice.
City Manager, Bill Eisen, stated this change order would allow future expansions of the
plant to be done without having to shut it down.
Page 11 of 14 7/8/2002
154
Councilmember Marcott stated he would like Project Director, Joe Wertz, to convey his
displeasure to the engineers on this project for the necessary change order that he
further stated was due to the company's error.
Additional discussion ensued between Council regarding this change order.
Voting "Aye" Councilmembers Tetens, Viktorin, and Seeger.
Voting "No" Councilmember Marcott.
Motion Passed 3 to 1, with Mayor Pro -Tem Owens absent.
COUNCIL ACTION - RESOLUTION NO. R2002-107 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING SUPPLEMENTAL
AGREEMENTS FOR ENGINEERING AND SURVEYING SERVICES ASSOCIATED
WITH THE MAGNOLIA ROAD OVERPASS. Mr. Bill Eisen, City Manager.
Councilmember Seeger made the motion, seconded by Councilmember Marcott, to
approve Resolution No. R2002-107.
City Manager, Bill Eisen, gave a brief outline of the supplemental agreements.
Voting "Aye" Councilmembers Tetens, Viktorin, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Owens absent.
COUNCIL ACTION - RESOLUTION NO. R2002-110 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE SALE
OF REAL PROPERTY OWNED BY THE CITY OF PEARLAND. Mr. Darrin Coker, City
Attorney.
Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to
approve Resolution No. R2002-110.
City Manager, Bill Eisen, gave an overview of the bid award to the lowest bidder, which
is Donya, LLC.
Voting "Aye" Councilmembers Seeger, Marcott, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Owens absent.
Page 12 of 14 - 7/8/2002
15)
COUNCIL ACTION — RATIFICATION OF CHANGE ORDER AND EMERGENCY
EXPENDITURE FOR THE NOTTINGHAM STREET PROJECT. Mr. Alan Mueller,
Deputy City Manager.
Councilmember Viktorin made the motion, seconded by Councilmember Marcott, for the
ratification of emergency expenditures totaling the amount of $60,209 for the
Nottingham Street Project with prejudice and requested information on possible
retributions.
City Manager, Bill Eisen, gave an outline of the Nottingham Street Project and its design
problems.
Further discussion ensued between Council regarding the change order.
Voting "Aye" Councilmembers Tetens, Viktorin, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Owens absent.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:34 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY -
REGARDING PENDING LITIGATION — OFI INVESTMENTS VS.
CITY OF PEARLAND. City Council
2. SECTION 551. 071 — CONSULTATION WITH CITY ATTORNEY -
REGARDING PENDING LITIGATION — ANTHONY WELDED
PRODUCTS VS. CITY OF PEARLAND. City Council.
3. SECTION 551. 071 — CONSULTATION WITH CITY ATTORNEY -
REGARDING POTENTIAL LITIGATION — PLATTING ISSUES.
City Council.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 11:15 p.m.
Page 13 of 14 - 7/8/2002
156
COUNCIL ACTION — REGARDING PENDING LITIGATION — OFI INVESTMENTS VS.
CITY OF PEARLAND. City Council.
No Council action taken.
COUNCIL ACTION — REGARDING PENDING LITIGATION -- ANTHONY WELDED
PRODUCTS VS. CITY OF PEARLAND. City Council.
No Council action taken.
COUNCIL ACTION — REGARDING POTENTIAL LITIGATION — PLATTING ISSUES.
City Council.
No Council action taken.
ADJOURNMENT
Meeting was adjourned at 11:17 p.m.
Minutes approved as submitted and/or corrected this the 22_ day of July ,
2002.
Tom Reid
Mayor
ATTEST:
Page 14 of 14 - 7/8/2002