1998-08-10 CITY COUNCIL REGULAR MEETING MINUTES1�
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON AUGUST 10, 1998, 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 Wilkins
Helen Beckman
Richard Tetens
William Berger
Klaus Seeger`
Paul Grohman
Darrin Coker
Young Lorfing
Others in attendance: Project Coordinator Alan Mueller; Police Chief Mike Hogg; City
EngineerJohn Hargrove; Grants DirectorJanet Berry; Planning and Development Director
Dennis Smith; Director of Finance David Castillo; Parks and Recreation Director Ed Hersh;
Director of Administrative Services Mary Hickling; Public Works Director Jerry Burns;
Emergency Management Director David Smith; Purchasing Officer Gordon Island;
Assistant Chief of Police Chris Doyle; Assistant Director of Finance Cindy Soto; Support
Personnel Supervisor Paul Dillon; Water and Sewer Line Maintenance Superintendent
Cecil Bowery; EMS Director Keith Bonner; Solid Waste Code Enforcement Officer Bob
Bratz; Executive Secretary Laurie Harrist; Code Enforcement Officer John Harrist; Water
and Sewer Line Maintenance Supervisor Danny Cameron; Fire Marshal Larry Steed;
Communications Specialist John Knight; Utility Accounts Supervisor Missy Miller; EMS
Secretary Tracy Spires; Project Specialist Ruby Perez.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Reverend Barnett, and the Pledge of Allegiance was led by
City Attorney Darrin Coker.
APPROVAL OF MINUTES
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Wilkins, to
approve the Minutes of the June 29, 1998, Joint Public Hearing held at 6:30 p.m., the
Minutes of the July 13, 1998, Joint Public Hearing held at 6:30 p.m., and the Minutes of the
July 20, 1998, Special Council Meeting held at 6:00 p.m.
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Voting "Aye" Councilmembers Seeger, Berger, Wilkins and Beckman.
Voting "Abstain" Councilmember Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens abstaining.
Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Beckman, to
approve the Minutes of the July 22, 1998, Special Council Meeting held at 6:00 p.m. and
the Minutes of the July 25, 1998, Special Council Meeting held at 8:00 a.m.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins and Beckman.
Voting "Abstain" Councilmember Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens abstaining.
Councilmember Berger made the motion, seconded by Councilmember Tetens, to approve
the Minutes of the July 27, 1998, Public Hearing held at 7:00 p.m. and the Minutes of the
July 27, 1998, Regular Council Meeting held at 7:30 p.m.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
MAYOR'S ACTIVITY REPORT:
Mayor Reid stated that due to the length of the meetings tonight he will submit his report
in writing to the City Secretary for inclusion in the minutes.
Mayor Reid reported that on July 28 he attended the Pearland Independent School District
Education Improvement Council Meeting; July 30 he attended the Chamber Infrastructure
Committee Meeting; August 4 he attended the AARP Meeting and participated in National
Night Out; August 6 he attended a Chamber Ribbon Cutting at Custom Carpet, Carwash
and Casa Ole'; August 7 he attended the TML Legislative Committee Meeting on utilities
and the environment; and on August 8 he attended the TML Region 14 Annual Meeting.
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COUNCIL'S ACTIVITY REPORTS:
The Councilmembers passed on their reports.
CITY MANAGER'S REPORT:
City Manager Paul Grohman reported that the overpass project is moving along. Currently
they are working on on-site storm water detention. He also reported that the Staff has been
working hard on the budget. Mr. Grohman and Mr. Mueller have been able to get TxDot
and HGAC to extend the Mykawa Project southward which will include the Hickory Slough
Bridge. The City has been awarded the G.F.O.A. Award for Audit. The Pearland PGrkWay
Projects have been awarded. Mr. Grohman further reported that we have mailed out the
third edition of the Peartand in Motion. We are out to bid on the S.W.E.C. Wastewater
Plant. He reported that tonight we have for consideration three In -City Municipal Utility
Districts. He stated that they will be good for our area. They will be quality developments
like Silverlake.
CITIZEN'S:
Don Barras, 650 Huett, representing Heritage Development, addressed Council regarding
the development of Ashton Park. Mr. Barras had concerns about having to dump the
wastewater in Ryan Acres instead of Corrigan South. The project was approved about
three years ago. He stated it will cost him an additional $27,000 that he does not have in
his budget. Mr. Barras is asking Council for some relief on this project.
City Manager Paul Grohman addressed Council and stated that in the last three years
there has been increased inflow in the original area that was approved for Mr. Barras. Mr.
Grohman said the Development Permit that was issued was good for one year only and
this permit has already expired. Mr. Grohman further explained that the line in Corrigan
South does not have the capacity for him to dump into it anymore.
Cecil Johnson, 1322 Brookney, addressed Council regarding a petition from approximately
thirty residents for hard surfacing Brookney. The petition was submitted to the City
Secretary.
Bill Baldy, 3302 Wingtail, addressed Council regarding the water in the West Lea area. Mr.
Baldy brought a sample of water for Council to see. He further stated that if the City gets
dual certificates, they would like to have water in their area.
DOCKETED PUBLIC HEARING: NONE
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CONSENT AGENDA
Ordinance No. 509-222 (Application No. 305) and Ordinance No. 509-223 (Application
No. 306) were passed on the Agenda and no action was taken by Council at the
recommendation of the City Attorney due to corrections needing to be made.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF
ORDINANCE NO. 509-222 -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
BEING BOTH HALVES OF LOT 37, 3.3 ACRES OUT OF THE ALLISON-RICHEY GULF
COAST HOME CO. SURVEY, VOLUME 885, PAGE 288, DEED RECORDS OF
BRAZORIA COUNTY, TEXAS (2726 MORRIS ROAD) (APPLICATION NO. 305) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-1) AT THE REQUEST OF GEORGE D. AND MARY FISHMAN,
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.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF
ORDINANCE NO. 609-223 -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
BEING 1.00 ACRES OUT OF THE H.C. JOHNSON 99 ACRE TRACT, SECTION 7, H.T.
& B. R.R. CO. SURVEY, A-219, ACCORDING TO THE DEED RECORDS OF
BRAZORIA COUNTY, TEXAS, VOLUME 864, PAGE 8 (6316 GARDEN IA)(APPLICATION
NO. 306) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF RON CLEAVER,
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.
SECOND AND FINAL READING OF ORDINANCE NO. 509-206 - 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 BEING PART OF LOT 2, BLOCK 10, ALLISON RICHEY
GULF COAST HOME CO., SUBDIVISION, ACCORDING TO THE PLAT RECORDS OF
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BRAZORIA COUNTY, TEXAS (APPLICATION NO. 317) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE
REQUEST OF JAMES W. GUSTAFSON, 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.
SECOND AND FINAL READING OF ORDINANCE NO. 509-221- 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 BEING 1.451 ACRE PARCEL OUT OF THE S. '/ OF LOT
8, ALLISON-RICHEY GULF COAST HOME CO. SURVEY, SUBURBAN GARDEN
SUBDIVISION ACCORDING TO THE DEED RECORDS, BRAZORIA COUNTY, TEXAS
(1207 STERLING DRIVE) (APPLICATION NO. 301) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-1) AT THE REQUEST OF STEVEN E. AND ELAINE WELCOME,
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.
SECOND AND FINAL READING OF ORDINANCE NO. 509-224 - 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 BEING LOT 6 AND THE E. 6.00 FT. OF LOT 5, BLOCK
3, CAS -CON ACRES ADDITION, BRAZORIA COUNTY ACCORDING TO THE PLAT
RECORDED IN VOLUME 5, PAGE 137, PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS (6130 COTTONWOOD) (APPLICATION NO. 308) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-1) AT THE REQUEST OF VIRGINIA A. McKENZIE, 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.
Mayor Reid asked Council if other items needed to be removed from the Consent Agenda.
No items were removed from the Consent Agenda.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
approve the Consent Agenda, Ordinance No. 509-205 (Application No. 307), Ordinance
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No. 221 (Application No. 301) and Ordinance No. 509-224 (Application No. 308) on their
second and final reading.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
None.
NEW BUSINESS:
City Attorney Darrin Coker stated that in the body of the Ordinance 859, 860 and 861 an
emergency is declared. If Council so desires, they can adopt the Ordinances on the first
and only reading.
FIRST AND ONLY READING OF ORDINANCE NO. 859 - AN ORDINANCE GRANTING
THE CONSENT OF THE CITY OF PEARLAND, TEXAS, TO THE CREATION OF
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 17 WITHIN THE CITY'S
CORPORATE BOUNDARIES.
FIRST AND ONLY READING OF ORDINANCE NO. 860 - AN ORDINANCE GRANTING
THE CONSENT OF THE CITY OF PEARLAND, TEXAS, TO THE CREATION OF
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 19 WITHIN THE CITY'S
CORPORATE BOUNDARIES.
FIRST AND ONLY READING OF ORDINANCE NO. 861 -AN ORDINANCE GRANTING
THE CONSENT OF THE CITY OF PEARLAND, TEXAS, TO THE CREATION OF
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 18 WITHIN THE CITY'S
CORPORATE BOUNDARIES.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to
approve Ordinance No. 859, Ordinance No. 860 and Ordinance No. 861 on their first and
only reading.
City Manager Paul Grohman stated that the Council has had several weeks to review the
proposed In -City Municipal Utility Districts. M.U.D. No. 17 is a Clinton Wong
Development, M.U.D. 19 is a Beazer Home Development and M.U.D. No. 18 is a Renee
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19
West Development. These developments will have, approximately $350 Million of value.
He further stated that In -City Municipal Utility Districts are very common throughout the
Houston area. He further stated that there is additional Municipal Utility District Tax
assessed to the property owner over and beyond the City tax rate. The City will operate
the water and wastewater system. We will get impact fees and manage the utilities. Mr.
Grohman recommended their approval.
Dave Miller, 2706 Shady Creek, addressed Council and gave them several reasons why
it would be beneficial to adopt the in -city municipal utility districts.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCILACTION -TEMPORARILY SUSPENDING APPLICATION OFTHE PEDDLERS
ORDINANCE AS APPLIED TO REGISTRANTS PURSUANT TO SECTION II1-2 OF THE
CITY OF PEARLAND CODE OF ORDINANCES, CHAPTER 22 (PEDDLERS
ORDINANCE).
Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Beckman, to
approve to temporarily suspend the application of the Peddlers Ordinance as applied to
Registrants pursuant to Section III -2 of the City of Pearland Code of Ordinances, Chapter
22 (Peddlers Ordinance).
City Manager stated that we are having a real problem with how nonprofit permits are
administered. Mr. Grohman stated that we will correct it with time. However, it is time for
school to start, and all the kids will be out selling their fund-raising items.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. 98-50 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE TRANSFER OF
THE CABLE TELEVISION FRANCHISE.
Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins, to
approve Resolution No. R98-50.
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20
City Manager Paul Grohman stated that TCI has merged with Time Warner. This is a
name change and will be service neutral. He recommends its approval.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 858 -AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, GOVERNING USE AND OCCUPANCY OF THE
CITY'S RIGHTS-OF-WAY FOR THE PROVISION OF TELECOMMUNICATIONS
SERVICES, INCLUDING THE ESTABLISHMENT OF COMPENSATION FOR THAT USE
AND OCCUPANCY; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AGREEMENTS WITH TELECOMMUNICATIONS SERVICE PROVIDERS AS
NECESSARY; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A
REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE.
Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Wilkins to
approve Ordinance No. 858 on its first reading.
Mayor Reid asked questions regarding the language in the contract.
City Manager Paul Grohman addressed the Mayor's questions regarding the use of the
word "assist" in the contract. Mr. Grohman gave an overview of how the right of ways are
used. This will set a level playing field for all utilities.
Mayor Reid recommends that the language in the contact be changed to read "assist the
City"
Mayor Reid also had concerns about the three-year stipulation in the contract.
City Manager Paul Grohman stated that it was the City's choice to go with three years.
The reason for three years is that next year's legislation could change, and it will give
the Council enough time to evaluate the changes and make the necessary amendments
to be in compliance regarding the franchise fees.
Bob Lewis, 2905 Country Club Drive, stated that this is his field of training. He asked if
we are covering each telecommunication drop as an additional charge or just one
telecommunication charge for the drop.
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Mayor Reid stated one line, one charge. He. further stated that the TML Legislative
Committee is searching through now, and we are going to address cellular service.
Mayor Reid stated that it seems to be a good model ordinance to start with.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 862 - AN APPROPRIATION ORDINANCE
ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998, AND
ENDING SEPTEMBER 30, 1999.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 862 on its first reading.
Mayor Pro -Tem Wilkins stated that he does support the budget that has been presented.
He further stated that he does want additional time for Council to review the budget, and
he will be in support of keeping the current EMS Coordinator position.
r--- Mayor Reid stated that the Council, for the last three years, has expressed a vision of
Pearland and how we ought to be, and how to get there. He further addressed the need
for project managers to oversee various projects to keep from having too many change
orders.
City Manager Paul Grohman addressed Council and gave a presentation regarding the
need to have someone oversee the EMS Department and coordinate the part-time and
volunteer paramedics.
Mayor Reid stated that David Smith has done a good job. He is not only the Emergency
Management Coordinator. He has many other hats.
Councilmember Berger stated that it is his job to represent the tax payers, and he is not
going to approve a $56 million dollar budget without having questions. He further stated
that he wrote a memo to the City Manager so that he could understand his concerns.
City Manager Paul Grohman addressed the memo and stated it was not posed as a form
of questions. Mr. Grohman stated that he would answer any questions that anyone may
have, if they would call him.
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Councilmember Beckman stated that since the last meeting she has talked with the City
Manager and had all of her questions answered.
Mayor Reid stated that there is one thing to remember the budget is a "guesstamation".
We do not know what may happen, such as a big storm. We would spend a lot of money
for clean up.
Councilmember Seeger made the motion, seconded by Councilmember Berger, to table
Ordinance No. 862.
Voting "Aye" Councilmembers Seeger, Berger and Wilkins.
Voting "No" Councilmember Beckman and Tetens.
Motion Passed 3 to 2.
Mayor Reid asked Mr. Grohman if we could set up a workshop for Monday, August 17,
1998.
Mr. Grohman said we will schedule one.
FIRST READING OF ORDINANCE NO. 863 - AN ORDINANCE LEVYING TAXES FOR
THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF
PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF
THE TAXABLE YEAR 1998, AND APPORTIONING EACH LEVY FOR THE SPECIFIC
PURPOSE.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to
approve Ordinance No. 863 on its first reading.
City Manager Paul Grohman stated that the tax rate is the same as last year's $0.695
per $100 of property value.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
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COUNCIL ACTION - COUNCIL ACCEPTANCE OF COBBLESTONE SUBDIVISION.
Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens, to accept
Cobblestone Subdivision.
City Engineer John Hargrove addressed Council and stated that this is a replat of the
Cobblestone Subdivision. It is in the northeast corner of the subdivision, and now has
forty-five single family homes. Mr. Hargrove stated that all the documents are in, and he
recommends its acceptance.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRSTAND ONLY READING OF ORDINANCE NO. 864 -AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, PROVIDING FOR THE APPROVAL
OF THE 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 IN THE
CITY OF PEARLAND; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER
CLAUSE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ERECT
TRAFFIC SIGNALS WITHIN THE CITY INURES TO THE BENEFIT OF THE TRAVELLING
PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND
WELFARE OF THE CITIZENRY.
Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins, to
approve Ordinance No. 864 on its first and only reading.
City Attorney Darrin Coker addressed Council and stated that this is a TxDot Contract
to install traffic signals at the intersection of Pearland Parkway at FM 518.
Project Coordinator Alan Mueller stated that we have requested that the traffic signal be
built with a mast arm design which is the solid bar instead of the wires.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
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Motion Passed 5 to 0.
FIRST AND ONLY READING ORDINANCE NO. 865 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, PROVIDING FOR THE APPROVAL
OF THE 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 IN THE
CITY OF PEARLAND; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER
CLAUSE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ERECT
TRAFFIC SIGNALS WITHIN THE CITY INURES TO THE BENEFIT OF THE TRAVELLING
PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND
WELFARE OF THE CITIZENRY.
Councilmember Seeger made the motion, seconded by Councilmember Berger, to
approve Ordinance No. 865 on its first and only reading.
City Attorney Darrin Coker addressed Council and stated that this is the same as the
previous contract. This signal will be erected at Silverlake at the new County Road 94
intersection.
Project Coordinator Alan Mueller stated that this should also have the mast arm design.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - AUTHORIZE CITY MANAGER TO DEVELOPMENT A PRO -RATA
AGREEMENT FOR WATER AND WASTEWATER ON PEARLAND PARKWAY AND THE
OLD TOWNSITE.
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Wilkins, to
authorize the City Manager to develop a pro -rata agreement for water and wastewater
on Pearland Parkway and the Old Town Site.
City Manager Paul Grohman stated that this action would allow developers to pay a pro -
rata amount of the cost of the gravity line. Therefore the City would not be spending a lot
of money on a force main and not be able to recover some of those funds.
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Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION -AUTHORIZE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
A CONTRACT WITH INET, INC., (A SOLE SOURCE PROVIDER) FOR THE PURCHASE
OF CDPD MODEMS AND ACCESSORIES FOR THE POLICE DEPARTMENT MOBILE
DATA COMPUTER SYSTEM IN THE AMOUNT OF $29,272.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to
authorize the City Manager or his designee to execute a contract with Inet, Inc., ( a sole
source provider) for the purchase of CDPD modems and accessories for the Police
Department mobile data computer system in the amount of $29,272.
Assistant Chief Police Chris Doyle addressed Council and gave a presentation regarding
the modems that are needed for the Mobile Data Computer System. This will give Police
Officers in the field the ability to transmit reports via Laptop Computer back to the police
department's. Assistant Chief Doyle said that this would be done similarly to how some
cellular phones transmit. He further stated that INET, Inc., is a "Sole Source Provider."
,.� Anywhere that has GTE Service, they will be able to use. It will cost approximately $45
per month per unit with unlimited use. He stated that these rates are much better than
in the past when they would have been charged by the minute.
Assistant Chief Doyle recommended its approval.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-220 - 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 BEING A 5.1 ACRE TRACT OUT OF 37.948 ACRE TRACT
KNOWN AS A-240 H.T. & B.R.R. COMPANY SURVEY ACCORDING TO THE DEED
RECORDS, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 298) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING
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DISTRICT (R-1) AT THE REQUEST OF JOHN MASSEY, 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.
This item was passed by Council with no action being taken due to errors in the ordinance.
MOTION TO REMOVE FROM THE TABLE, FIRST READING OF ORDINANCE NO. 509-
225
Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Berger, to
remove Ordinance No. 509-225 from the table.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-225 - 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 BEING A 11.309 ACRE TRACT IN LOT 12 OF THE H.
MASTERSON SUBDIVISION, SECTION 6, H.T. & B. R.R. CO. SURVEY, A-237 AND
ALL OF LOT 2, BLOCK 1 OF THE MALONE SUBDIVISION, VOLUME 18, PAGE 103,
BRAZORIA CO. DEED RECORDS, BRAZORIA COUNTY, TEXAS (APPLICATION NO.
311) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) TO SINGLE
FAMILY DWELLING DISTRICT (R-4) AT THE REQUEST OF FRAN COPPINGER,
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.
Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Berger, to
approve Ordinance No. 509-225 (Application No. 311) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 311.
Ben and Susan Lenamon, 2325 Hatfield Road, addressed Council and stated that they
are in favor of this being a beautiful subdivision. They further stated that they are in favor
Page 14 of - 17 8/10
of the property being rezoned.
=2 7
Councilmember Tetens read a letter from Sara Orlando, Colony Park, submitted to
Mayor Reid. In the letter she stated that she is opposed to the rezoning of this property
from R-2 to R-4.
Mayor Reid stated that he has known Fran Coppinger for many years, and if she is doing
this development, she would do it nicely.
Councilmember Tetens stated that he does not have any doubt that if Fran builds this,
that it would be first class, and it would be an asset to our community. He further stated
that the thing that bothers him about it changing from R-2 to R-4 is that if something
was to happen to Fran anyone could build on an R-4 size lot. He said it seems to him
that we are not protecting the Citizens of Pearland. If it were a PUD, he would be all for
it.
Councilmember Beckman stated that she tends to agree. She would have rather seen
it as a PUD. This is the type of project that R4 was created for in the first place. That was
to allow for patio homes. Her plan shows a great deal of open space. Councilmember
Beckman stated that she has no doubt that what the plans show, will be built, and she
will take the risk.
Councilmember Berger stated that we are rezoning the land not, what the finished
�'— product is going to be. He recommended that in the future the Council not hear so much
about development, unless it is a PUD the decision is based on rezoning the land in
question.
Councilmember Seeger stated that he agreed.
Mayor Pro -Tem Wilkins stated that he concurs with Councilmember Tetens.
Voting "Aye" Councilmember Beckman.
Voting "No" Councilmembers Tetens, Wilkins, Berger, and Seeger.
Motion Failed 4 to 1.
FIRST READING OF ORDINANCE NO. 509-226 - 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 BEING 51.412 ACRES AND ALL OF LOTS 22 & 44 AND
Page 15 of - 17 8/10
M•
A PORTION OF LOTS 42, 45, 46, 47 & 48 OUT OF THE GEORGE W. JENKINS
SUBDIVISION RECORDED IN VOLUME 2, PAGE 20, A-111, ACCORDING TO THE PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 295) FROM SINGLE
FAMILY DWELLING DISTRICT (R-3) TO SINGLE FAMILY DWELLING DISTRICT (R-
4),AT THE REQUEST OF R. WEST DEVELOPMENT, AGENT FOR HOUSTON PINE
HOLLOW ASSOCIATES, LTD., 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.
Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins, to
approve Ordinance No. 509-226 (Application No. 295) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 295.
Councilmember Tetens stated that this is another R-4 District. He further stated that we
have had five or six R-4 areas from the first of the year and very few of anything else. If
we are going to build a City of small lots, we are fast on our way. He said he cannot
support R-4 until we get more development of R-1, R-2 and R-3.
Mayor Reid stated that we are losing control of what we have.
Councilmember Berger stated that this is another location where R -3's surround the area
that is being requested to change to R-4. He further stated that he agrees with
Councilmember Tetens that we should keep it R-3.
Voting "Aye" None.
Voting "No" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Motion Failed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-227 - 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 BEING 45.6928 BEING ALL OF LOTS 39 & 40, AND A
PORTION OF LOTS 41, 42, 45, 46, 47 & 48 OUT OF THE GEORGE W. JENKINS
SUBDIVISION RECORDED IN VOLUME 2, PAGE 20, A-111, BRAZORIA COUNTY DEED
RECORDS (APPLICATION NO. 294) FROM SINGLE FAMILY DWELLING DISTRICT (R -
Page 16 of - 17 8/10
3) TO SINGLE FAMILY DWELLING DISTRICT (R-4),AT THE REQUEST OF R. WEST
DEVELOPMENT, AGENT FOR HOUSTON PINE HOLLOW ASSOCIATES, LTD.,
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.
Councilmember Seeger made the motion, seconded by Councilmember Berger, to
approve Ordinance No. 509-227 (Application No. 294) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 294.
Councilmemb-sii T tions stated that he has the same comments as on the previous
applications changing from R-3 to R-4.
Councilmember Seeger stated that you are 90 percent plus surrounded by R-3 as it exists
right now.
Voting "Aye" None.
Voting "No" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Motion Failed 5 to 0.
OTHER BUSINESS:
ADJOURNMENT
Meeting was adjourned at 11:00 p.m.
Minutes approved as submitted and/or corrected this the 24THday ust , A.D., 1998.
ATTEST: t
Tom Reid
Mayor
o ng L
C Se ary
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