1999-03-29 CITY COUNCIL REGULAR MEETING MINUTES001
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
t-- PEARLAND, TEXAS, HELD ON MARCH 29, 1999, 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
Glen Erwin
Darrin Coker
Young Lorfing
Others in attendance: Sr. Project Manager Alan Mueller; Chief of Police J.C. Doyle; City
Engineer John Hargrove; Grants Director Janet Berry; Planning and Development Director
Dennis Smith; Director of Finance David Castillo; Parks and Recreation Director Ed Hersh;
Public Works Director Jerry Burns; Emergency Management Coordinator David Smith;
Assistant City Attorney Nghiem Doan; Project Manager Michael Ross; Assistant Director
of Finance Cindy Soto; Fire Marshal Larry Steed; Assistant Fire Marshal Bob Bratz; Utility
Accounts Supervisor Missy Miller.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Emergency Management Coordinator, David Smith, and the
Pledge of Allegiance was led by Councilmember Tetens.
APPROVAL OF MINUTES
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
approve the minutes of the March 8, 1999, Public Hearing held at 6:30 p.m., the minutes
of the March 8, 1999, Public Hearing held at 7:00 p.m., and the minutes of the March 8,
1999, Regular Council Meeting held at 7:30 p.m.
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Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
approve the minutes of the March 15, 1999, Joint Public Hearing held at 6:30 p.m., the
minutes of the March 15, 1999, Public Hearing held at 6:30 p.m., and the minutes of the
March 15, 1999, Special Council Meeting held at 7:30 p.m.
Voting "Aye" Councilmembers Beckman, Tetens, Berger.
Voting "Abstain" Councilmembers Wilkins, and Seeger.
Voting "No" None.
Motion Passed 3 to 0, with 2 abstentions.
MAYOR'S ACTIVITY REPORT:
Mayor Reid introduced Fred Welch, Executive Director, Brazoria County Partnership.
Mr. Welch gave a brief history of the Brazoria County Partnership and various projects that
they are working on to enhance Brazoria County.
Mayor Reid and Councilmember Beckman presented Executive Director, Delores Fenwick
and Board Members of "Keep Pearland Beautiful" a proclamation proclaiming the month of
April as "Keep America Beautiful Month."
The K.I.P.P.E.R.S. (Kids In Pearland Preserving The Environment Through Responsible
Service) gave short presentation to the Mayor and Council regarding the 4th Annual
Pearland Independent School District Environmental Fair that will be held at Leon H.
Sablatura Middle School.
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Mayor Reid presented the Texas Recreation and Parks Society's Region IV "Award for
Excellence in Marketing" to Ed Hersh Parks and Recreation Director.
Mr. Hersh, accepted the award and stated that this is the most prestigious award that they
have won to date. This award is for cultural arts, and it was awarded for last summer's
outdoor concert series. Mr. Hersh also reported that they are working on the schedules for
this summer's concerts.
Mayor Reid reported that on March 11 he assisted with the Mayor's Essay Contest, the
Men -Who -Cook Chamber Meeting, and the Briarglen Subdivision Homeowners Association
Meeting; on March 12 he attended the Chamber Breakfast and the Clear Creek Regional
Meeting; on March 16 he attended the HGAC Board of Directors Meeting; on March 18 he
attended the Chamber Leadership Council Meeting; on March 19 he presented a
proclamation to Police Chief J.C. Doyle and he attended the HGAC Annual Meeting; March
21 through March 23 he attended the Brazoria County Days in Austin, and on March 23 he
testified before Public Safety Commission regarding 9-1-1; March 24 Mayor Reid attended
the Chamber Candidate Forum, the PEDC Forum, and the TML Region 14 Annual Meeting;
March 26 he attended the HGAC Transportation Policy Council; March 27 he attended the
P.I.S.D. Junior R.O.T.C. Annual Ball and was the Keynote Speaker; and on March 29 he
attended the Chamber Ribbon Cutting at 4 -Friends Tea Room.
COUNCIL'S ACTIVITY REPORTS:
Councilmember Beckman reiterated the importance of the Clear Creek Water Shed
Committee and stated they really underline the need to get behind, and move forward with
the project. Councilmember Beckman introduced her son, Paul, who is visiting from
Lithuania and is employed with the Baltic Times.
Councilmember Tetens reminded staff that he wanted a progress report on the
Independence Park Detention Pond.
Mayor Pro -Tem Wilkins reported that he attended the Chamber of Commerce Leadership
Council Meeting, Brazoria County Days in Austin, the Chamber Luncheon and Candidates
Forum and the Knights of Columbus Fish Fry.
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004
Councilmember Berger reported that last Saturday evening he attended Pearland High
School Junior R.O.T.C.'S Fourth Annual Military Ball, and said it gets better every year.
Councilmember Berger complimented Mayor Reid for the excellent presentation that he
gave as the guest speaker.
Councilmember Seeger reported that he also attended the Clear Creek Water Shed
Meeting, and Brazoria County Days in Austin.
CITY MANAGER'S REPORT:
City Manager, Glen Erwin, reported that the Storm Drainage Criteria Manual is complete,
and will be distributed to Council for review, and after Council has an opportunity to review
the manual, they will be asked to adopt it. He further reported that the City Engineer is
prepared to give an update on the Independence Park Detention Pond.
City Engineer, John Hargrove, gave an update on the Independence Park Detention Pond.
He also advised that he would individually discuss the detention pond with each
Councilmember if they would come by his office. The full presentation and discussion would
take about one hour.
CITIZEN'S:
Frank Pizzitola, 3405 Glastonbury, addressed Council and stated that in the Hickory Creek
Subdivision the homeowners have submitted a petition to the City requesting another
entrance to the subdivision. Mr. Pizzitola said that they are requesting the entrance be
located at the back of the subdivision.
Tom Sullivan, 6930 West Lea, addressed Council and stated that he is still concerned about
drainage. Mr. Sullivan stated that West Development is destroying private property and
public road easement. Mr. Sullivan further addressed a ditch that West Development has
cut on their property through the West Lea road easement at Mockingbird. West
Development has destroyed the road easement in order to allow her property to drain. Mr.
Sullivan further addressed the various City and County Officials that he has discussed this
matter with. He also addressed a situation regarding his neighbor Mr. Cook, and a bulldozer
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U UJ
operator working for West Development. In closing Mr. Sullivan asked West Development
to please return the dirt and repair the area.
Larry Marcott, 3606 Inverness Ct., addressed Council and stated that he has concerns
about the City's Subdivision Ordinance regarding curbs and gutters and or open ditches.
He said that all subdivisions should have curbs and gutters so the citizens of the subdivision
will not have to pay to have the ditches cleaned. Mr. Marcott asked the Council to amend
the Subdivision Ordinance and require curbs and gutters in all subdivisons. He also
addressed his concerns for small signs that certain builders are placing in front of the Pine
Hollow Estates Subdivision, he stated that the signs are in violation of the sign ordinance,
and he would like to see them removed. Mr. Marcott thanked Councilmember Beckman for
the upcoming Shadow Creek Ranch Development Town Meeting which will allow everyone
to discuss the development.
Renee West, 2401 Country Club, addressed Council and stated that over the last two years
Mr. Sullivan has spread a lot of inaccurate information and false statements. Ms. West
stated that she has met all of the requirements, and restrictions and received approval for
all of her plans for the project that he is talking about. She gave a brief overview of the
drainage problems that she is aware of in the West Lea area, and said she offered to hire
an engineer, conduct a study, and see how West Lea's drainage problems could be solved.
Ms. West said that Mr. Sullivan did not accept her offer. She feels sorry for West Lea
because of the problem, however, the problem was there before she started developing.
In closing she said there is a plan that could be put into affect, and she would like City
Council to look at.
DOCKETED PUBLIC HEARINGS: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 220-6 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, AMENDING SECTION 30-35, DEPOSITS
REQUIRED, OF CHAPTER 30, UTILITIES, OF THE CITY OF PEARLAND CODE
OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED,
TO ORGANIZEAND UPDATE THE CITY'S UTILITIES FEE STRUCTURE; HAVING
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000
A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE;
PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF
ORDINANCE NO. 645-1 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AMENDING SECTION 6, RETURNED CHECK FEE, OF
CHAPTER 2, ADMINISTRATION, OF THE CITY OF PEARLAND CODE OF
ORDINANCES (ORDINANCE NO. 645), AS IT MAY HAVE BEEN, FROM TIME TO
TIME, AMENDED, TO REFLECT THE INCREASE IN ACTUAL COSTS INCURRED
IN PROCESSING RETURNED CHECKS; HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR
CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 898 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, FINDING THAT THE CITY HAS ESTABLISHED
GUIDELINESAND CRITERIA FOR GRANTING TAXABATEMENT PURSUANT TO
RESOLUTION NO. R98-59; DESIGNATINGAND DESCRIBING REINVESTMENT
ZONE (TO BE KNOWN AS REINVESTMENT ZONE #5), IN ACCORDANCE WITH
THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT; FINDING
THAT THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICAL AND
WOULD BE A BENEFIT TO THE LAND TO BE INCLUDED IN THE ZONE AND THE
MUNICIPALITY AFTER THE EXPIRATION OF THE TAX ABATEMENT
AGREEMENT; AUTHORIZING THE CITY MANAGER TO SIGN TAX ABATEMENT
AGREEMENTS WHEN APPROVED BY THE CITY COUNCIL; HAVING A SAVINGS
CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION AND
AN EFFECTIVE DATE.
D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF
ORDINANCE NO. 509-288- 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 SOUTH 87,5 FEET OF LOT
8 & THE NORTH 12.5 FEET OF LOT 9, BLOCK 6, HICKORY CREEK PLACE
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SUBDIVISION, SECTION 7, H.T. & B.R.R. CO. SURVEY, A-219, VOLUME 11,
PAGES 1-2, BRAZORIA COUNTY PLAT RECORDS (APPLICATION NO. 750)
(14011 SUBURBAN GARDEN ROAD) FROM THE CLASSIFICATION OF
SUBURBAN DEVELOPMENT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT
THE REQUEST OF VIRGIL COY & GRACE M. ELLIOTT, 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.
E. CONSIDERATION AND POSSIBLE ACTION -SECOND AND FINAL READING OF
ORDINANCE NO. 509-289 - 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 LOCATED IN THE CITY LIMITS OF THE CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (APPLICATION NO'S. 509, 510, 570,
585, 601, 605, 627, 633, 672, & 688) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1)
AT THE REQUEST OF THE OWNERS OF SUCH REAL PROPERTY, 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.
F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF
ORDINANCE NO. 509-290 - 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 LOCATED IN THE CITY LIMITS OF THE CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (APPLICATION NO'S. 697, 698, 699,
700, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715,
716, 717, 718, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 731, 732,
733, 734,) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)
TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF THE
OWNERS OF SUCH REAL PROPERTY, PROVIDING FOR AN AMENDMENT OF
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00-8
THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
approve Ordinance Nos. 220-6, 645-1, 898, 509-288, 509-289, 509-290 on their second
and final reading as presented on the Consent Agenda.
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:
COUNCIL ACTION - PRESENTATION OF AUDIT FOR FISCAL YEAR ENDING
SEPTEMBER 30, 1998, BY NULL-LAIRSON, AND ACCEPTANCE OF AUDIT INTO THE
RECORDS OF THE CITY.
Mayor Reid announced that the auditor could not attend the meeting, therefore, this item
will be passed to a future agenda.
Mayor Reid with concurrence of Council moved to New Business Item No. 16.
COUNCIL ACTION - APPOINTMENT OF CONNIE BEAUMONT, BILL CHASE, CALVIN
COLLIER, RANDALL FERGUSON, DENNIS FRAUNBERGER, SUSAN LENAMON AND
CHARLIE PHILIP TO SERVE ON THE BOARD OF DIRECTORS TO THE PEARLAND
ECONOMIC DEVELOPMENT CORPORATION EFFECTIVE MAY 1, 1999.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to table
Item No. 16.
Voting "Aye" Councilmembers Tetens and Beckman.
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009
Voting "No" Councilmembers Wilkins, Berger, and Seeger.
Motion Failed 3 to 2.
Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Berger, to appoint;
Connie Beaumont, Bill Chase, Calvin Collier, Randall Ferguson, Dennis Fraunberger,
Susan Lenamon, and Charlie Philip to serve on the Pearland Economic Development
Corporation Board of Directors effective May 1, 1999.
David S. Miller, 2706 Shady Creek, addressed Council and stated that he is concerned
about Item No. 16. He said that there are two new names for consideration; Bill Chase and
Randall Ferguson. Mr. Miller stated that he does not have any objection to them. The
objection he has is that there is currently only one vacancy as a result of Mr. Berger's
resignation. He also asked why Stella Roberts is being removed? Mr. Miller also stated that
he is aware that other individuals have requested, by letter that they be considered for
appointment to the PEDC Board. Mr. Miller asked if the new candidates have been
interviewed by Council? He stated that there is a great pool of talent in the City of Pearland.
He said that he is concerned with the procedure used to determine the appointments. He
is also concerned with the expulsion of Stella Roberts. In closing he said that he agrees with
Councilmember Tetens, this item should be tabled.
Stella Roberts, 2918 Green Tee, addressed Council and stated that she has been active
in the community since 1972. She said she wanted to mainly address three members of
Council; Mr. Berger, and Mr. Seeger, who she understands requested that this item be
placed on the agenda, and Mr. Wilkins who will be the third vote to pass this item if it is
passed this evening. She asked why this item has been placed on the agenda tonight, and
why all of the present board members with the exception of Mr. Berger, who resigned, and
herself are being considered? She stated that she has served diligently on the PEDC
Board. Ms. Roberts asked what explanation can be given to the citizens, and to her for
"firing" her from the board. She said she feels that this is retaliation from the "Three
Councilmembers" because she is "out -spoken." Mrs. Roberts reviewed several items in a
handout that she passed to Council. In closing she asked Mr. Berger and Mr. Seeger, "why
they insisted on taking this action at this time; unless of course you are afraid that after the
May 1 election, you will not have the third vote to pass this action?"
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Bill Morgan, 2116 Country Club Dr. addressed Council and stated that he is a little bit
embarrassed about appearing before Council on this matter, because, it may sound like
"sour grapes" or he is casting disparage remarks on the candidates, which is not his intent.
Mr. Morgan further stated that several months ago he sent a letter to the then City Manager
and copied the Executive Director of PEDC and Dennis Fraunberger, the Chairman of
PEDC expressing his interest of serving on this board. He gave a brief history of his
experience with economic development. He said he questioned how many more people
could be qualified to serve on the board and were not considered. He asked that Council
review this matter?
Councilmember Tetens stated that the appointment of a PEDC Directors is one of the most
important appointments that the City Council makes He addressed their duties, and the
procedures that have been followed in the past to make these appointments. He also
stated that if Councilmember Berger continues to speak without all of Council's approval
then he is wasting his time by being at the meetings.
Councilmember Beckman discussed the process that was previously followed to appoint
board members. She said that the only vacancy that she is aware of is the position Mr.
Berger resigned from. Councilmember Beckman further stated that she would like to table
this item until Council can discuss the by-laws that was recommended by the PEDC Board.
She said all of the Council should have the opportunity to review all of the applications and
determine the ones they wish to interview. She further stated that short cuts are nice, but
she is insulted, and knows that she is a minority on this Council, and that is painfully clear
to her. However, she would still like to go through the process of reviewing the applications
and interviewing. Councilmember Beckman addressed the Mayor and said that she thinks
this item should be tabled, there is no need to rush into this.
Councilmember Berger read a memo that was in the Council's notebook regarding the
upcoming International Shopping Centers Convention, and stated that it is time to make the
reservations for that conference. In order to do that in a timely manner the appointments
need to be made at this meeting. He also addressed the process used to appoint other
boards and commissions, and said it is just like what is on the agenda tonight.
Councilmember Berger discussed the procedures that he has gone through to have his
appointment on the PEDC Board.
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Mayor Reid stated that according to the proposed revisions to the PEDC By-laws the board
would have staggered terms, and they are other items that Council will need to consider.
Mayor Reid asked the City Manager to have the proposed By-laws on a future agenda for
consideration.
There was additional discussion regarding the interview process.
After the discussion Mayor Reid called for a vote on the motion.
Voting "Aye" Councilmembers Wilkins, Berger, and Seeger.
Voting "No" Councilmembers Beckman, and Tetens.
Motion passed 3 to 2.
Mayor Reid with concurrence of Council moved back to New Business No. 2.
FIRST AND ONLY READING OF ORDINANCE NO. 862-2 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO.
862, THE 1999 ANNUAL BUDGET ORDINANCE, BY AUTHORIZING CERTAIN
ADDITIONS AND REDUCTIONS IN GENERAL FUND LINE ITEMS AND WATER AND
SEWER FUND LINE ITEMS FOR MUNICIPAL PURPOSES; AUTHORIZING THE CITY
'^ MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO FACILITATE
THE CHANGES IDENTIFIED HEREIN WITHOUT FURTHER APPROVAL OF CITY
COUNCIL; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER
CLAUSE, AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE
THE NEED TO ADJUST THE CITY BUDGET 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. 862-2 on its first and only reading.
Director of Finance, David Castillo, gave a detailed overview of the budget amendment.
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Councilmember Beckman stated that she had reviewed the budget amendment and did not
see any funds for the "Household Material Collection Day".
City Manager, Glen Erwin, stated that we are still in the process of looking for money for
that, and he has been working with Ms. Fenwick, and will bring the amendment to Council
when some money is located.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Beckman.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Tetens out of Chambers.
COUNCIL ACTION - RESOLUTION NO. R99-22 - 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 CARTER -BURGESS FOR
DESIGN AND CONSTRUCTION/ADMINISTRATION OF THE FITE-HARKEY
INTERCEPTOR, WEST LEA-RAVENWOOD TRUNK SEWER, AND McHARD ROAD
TRUNK SEWER.
Councilmember Seeger made the motion, seconded by Councilmember Berger, to approve
Resolution No. R99-22.
Sr. Projects Manager, Alan Mueller, stated that the proposed engineering contract is with
Carter -Burgess for three of the SRF (State Revolving Fund) projects; Fite -Harkey
Interceptor, West Lea Ravenwood Trunk Sewer, and McHard Road Trunk Sewer. The total
engineering contract for the projects is $757,525. The fee is a composite of the design,
construction, administration, and additional service fees for each of the three projects. The
engineering fee is based on a standard engineering fee curve that the City has agreed to
use.
Voting "Aye" Councilmembers Beckman, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Tetens out of the chambers.
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COUNCIL ACTION - RESOLUTION NO. R99-20 - A RESOLUTION OF THEA CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH CLAUNCH & MILLER, INC.
ENGINEERING CONSULTANTS FOR SERVICES TO PRODUCE STANDARD
CONSTRUCTION SPECIFICATIONS FOR THE CITY OF PEARLAND.
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Wilkins, to
approve Resolution No. R99-20 in the amount $29,000.
City Engineer, John Hargrove, stated that he has worked on this item a long time, and this
will allow the city to have standard construction specifications.
Councilmember Seeger asked what are we doing currently with all of the specifications?
City Engineer, John Hargrove, stated that he has been reading every one of the
specifications.
Voting "Aye" Councilmember Beckman, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Tetens out of the chambers.
COUNCIL ACTION - COUNCIL ACCEPTANCE OF THE VILLAGES OF EDGEWATER
ESTATES, SECTION THREE SUBDIVISION.
Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Beckman, to accept
Villages of Edgewater, Section Three Subdivision.
City Engineer, John Hargrove, addressed Council and stated that this is about 12.3 acres,
involves 53 lots, and it is constructed and ready to build houses. Mr. Hargrove
recommended its acceptance.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Beckman.
Voting "No" None.
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013
014
Motion passed 4 to 0, with Councilmember Tetens out of the chambers
COUNCIL ACTION - RESOLUTION NO. R99-24 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO NEGOTIATE WITH THE PEARLAND/HOBBY AREA CHAMBER
OF COMMERCE FOR THE LEASE OF REAL PROPERTY FROM THE CITY OF
PEARLAND FOR THE FUTURE CONSTRUCTION OF A NEW CHAMBER FACILITY.
Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins, to approve
Resolution No. R99-24.
City Manager, Glen Erwin, stated that this a result of the presentation that was done by the
Chamber at the last meeting, and it will move us along with the negotiations with the lease
of that property.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Beckman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens out of the chambers.
COUNCIL ACTION - RESOLUTION NO. R99-21 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO EXECUTE A RIGHT-OF-WAY USE AGREEMENT WITH
METRICOM, INC., A DELAWARE CORPORATION, TO PERMIT THE CONSTRUCTION,
MAINTENANCE, AND OPERATION OF A WIRELESS DIGITAL DATA
COMMUNICATIONS RADIO NETWORK WITHIN THE CORPORATE LIMITS OF THE
CITY OF PEARLAND
Councilmember Seeger made the motion, seconded by Councilmember Berger, to approve
Resolution No. R99-21.
City Attorney, Darrin Coker, stated that he has supplied Council with two different packets
regarding this right-of-way use agreement. He also thanked Dave Beckman a
representative of the Electronic Community for all of his input regarding this manner. Mr.
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Q15
Coker stated that Mr. Beckman asked a lot questions and they have received answers on
things that others had thought about from a citizens' perspective.
Charles Mahan, Right -of -Way Representative for Metricom, Inc., addressed Council and
stated that they are pleased to be able to bring new technology to the area. Mr. Mahan gave
a brief presentation of how the wire -less Internet connection will work allowing someone
to have Internet service without having to use a telephone line.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Beckman.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Tetens out of the chambers.
COUNCIL ACTION - RESOLUTION NO. R99-19 - 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 TO COOPERATE IN THE CLEARING OF THE
DITCH AREA BEGINNING AT HICKORY CREEK AND EXTENDING TO THE
THIRD COAST PACKAGING, INC. SWITCH.
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Wilkins, to
approve Resolution No. R99-19.
City Manager, Glen Erwin, stated that is part of the incentive package for the expansion of
Third Coast, for the cleaning of the drainage ditch from Third Coast's property north to
Hickory Creek. The Drainage District will assist with this project, and all the City will have
to pay for is the disposal of any debris that is collected from this site.
Voting "Aye" Councilmembers Beckman, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Tetens out of the chambers.
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COUNCIL ACTION - RESOLUTION NO. R99-23 - 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 MANVEL EMS TO PROVIDE
EMERGENCY AMBULANCE SERVICE TO ANY INDIVIDUAL LOCATED WITHIN
PEARLAND'S BRAZORIA COUNTY EXTRATERRITORIAL JURISDICTION LYING SOUTH
OF BRAZORIA COUNTY ROAD 59.
Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R99-23.
Emergency Management Coordinator, David Smith, gave a summary of the interlocal
agreement.
Manvel City Manager, Wayne Sabo, addressed Council and thanked them for the
consideration of this interlocal agreement.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Beckman.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Tetens out of the chambers.
FIRST AND ONLY READING OF ORDINANCE NO. 181-4 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING, IN ITS ENTIRETY,
SECTION 12-2, DUMPING OF GARBAGE, TRASH GENERALLY, OF CHAPTER 12,
ENTITLED GARBAGEAND TRASH, OF THE CODE OF ORDINANCES OF THE CITY OF
PEARLAND, TEXAS, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED;
HAVING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE
NEED TO AVOID THE ADOPTION OF CONFLICTING SECTIONS IN THE PEARLAND
CODE OF ORDINANCES REGARDING THE DUMPING OF GARBAGE AND TRASH
INURES TO THE BENEFIT OF THE 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. 181-4 on its first and only reading.
Voting "Aye" Councilmembers Beckman, Wilkins, Berger, and Seeger
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Voting "No" None.
017
Motion passed 4 to 0, with Councilmember Tetens out of the chambers.
FIRST AND ONLY READING OF ORDINANCE NO. 181-5 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CREATING A NEW SECTION 12-
2, DUMPING OF GARBAGE, TRASH PROHIBITED, OF CHAPTER 12, ENTITLED
GARBAGE AND TRASH, OF THE CODE OF ORDINANCES OF THE CITY OF
PEARLAND, TEXAS; PROVIDING A PROHIBITION AGAINST THE DUMPING OF
GARBAGE AND TRASH WITHIN THE CITY; PROVIDING A PENALTY FOR VIOLATION;
HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND A SEVERABILITY CLAUSE;
PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE; AND
CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO PROHIBIT THE DUMPING OF GARBAGE AND
TRASH INURES TO THE BENEFIT OF THE 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. 181-5 on its first and only reading.
City Attorney, Darrin Coker, stated that this amendment will greatly enhance the
r--
enforcement of illegal dumping as well as the prosecution.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Beckman.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Tetens out of the chambers.
COUNCIL ACTION -AWARD OF BID NO. B99-039 FOR SWIMMING POOL CHEMICALS
AND SERVICES.
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Wilkins, to award
Bid No. B99-039 for Sunbelt Pool Supply, Houston, Texas for chemicals and the chemical
controller for fiscal year 1998-99, with the option to extend the contract for fiscal year 1999-
2000. The estimated annual amount of the contract is $12,000 to $14,000.
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Parks and Recreation Director Ed Hersh reviewed the bid
year, and recommended that Bid No. B99-039 be award
Supply, Houston, Texas for chemicals and the chemical
with the option to extend the contract in fiscal year 1
amount of the contract is $12,000 to $14,000.
received for the 1998-1999 fiscal
d to the low bidder, Sunbelt Pool
ontroller for fiscal year 1998-99,
39-2000. The estimated annual
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, �nd Beckman.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Tetens out
COUNCIL ACTION - AWARD OF BID NO. B99-026 P
CENTENNIAL PARK.
Mayor Pro -Tem Wilkins made the motion, seconded by Cc
Bid No. B99-026 for Centennial Park parking lot expan;
Houston, Texas, Inc. for the total bid in the amount of $1
Parks and Recreation Director Ed Hersh reviewed the bids
parking lot expansion, and recommended that Bid No. B9
AIA General Contractors, Houston, Texas. The contract tc
and the contract time is for 30 days from contract signing
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, ai
Voting "No" None.
Motion passed 4 to 0, with Councilmember Tetens out of 1
COUNCIL ACTION - AWARD OF BID NO. B99-033
PUBLIC SAFETY (FIRE)TRAINING FACILITY.
Councilmember Berger made the motion, seconded by �
Bid No. B99-033 for concrete paving at the Public Safety
Classic Construction, Inc., for the total bid in the amount
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the chambers.
ING LOT EXPANSION FOR
incilmember Beckman, to award
m to AIA General Contractors,
7,900.
:eived for the Centennial Park
26 be awarded to low bidder,
is in the amount of $117,900,
Beckman.
:he chambers.
CONCRETE PAVING AT THE
iyor Pro -Tem Wilkins, to award
-ire) Training Facility to Smith's
f $47,500.
019
Purchasing Officer Gordon Island reviewed the bids received for the Public Safety (Fire)
Training Facility, and recommended that Bid No. B99-033 be awarded to the low bidder,
Smith Classic Construction, Inc., Friendswood, Texas in the amount of $47,500.
COUNCIL ACTION - AWARD OF BID NO. B99-048 FOR FLEET VEHICLES.
Councilmember Seeger made the motion, seconded by Councilmember Berger, to award
Bid No. B99-048 for three police vehicles to Houston Galveston Area Council in the bid
amount of $60,615.57 and to Maxwell Chrysler, Plymouth, Dodge & Jeep for four one-half
to three-quarter ton pickup trucks, for the total bid in the amount of $65,041.
Purchasing Officer Gordon Island reviewed the bids received for fleet vehicles, and
recommended that Bid No. B99-048 be awarded to Houston Galveston Area Council,
Houston, Texas in care of Philpott Motors, Port Neches, Texas for three police vehicles in
the amount of $60,615.57; and to Maxwell Chyrsler, Plymouth, Dodge & Jeep, Taylor,
Texas in the amount of $65,041, a General Services Commission Contract, for four one-
half to three-quarter ton pickup trucks, for the total bid in the amount of $65,041.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Beckman.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Tetens out of the chambers.
FIRST READING OF ORDINANCE NO. 509-291 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATION BEING 4.542 ACRES, A PART OF LOT 1,
BLOCK 26, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION
4, TCRR SURVEY, A-675, VOLUME 2, PAGE 99, PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 690) (15707 SOUTH FREEWAY 288) FROM THE
CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL
DISTRICT (C) AT THE REQUEST OF JAMES W. & BARBARA A. DIXON, 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.
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K0
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Wilkins, to
approve Ordinance No. 509-291 (Application No. 690) on its first reading.
Mayor Reid Read into the record the Planning & Zoning Commission's recommendation to
approve Application No. 690.
Voting "Aye" Councilmembers Beckman, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Tetens out of the chambers.
FIRST READING OF ORDINANCE NO. 509-292 - 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 9.983ACRES, CALLED TRACT 16, H.T. & B.R.R CO.
SURVEY, SECTION 7, A-219, OF THE PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 644) (13801 GARDEN ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2)
AT THE REQUEST OF CARL A. DAVIS, 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 Beckman, to
approve Ordinance No. 509-292 (Application No. 644) on its first reading.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Beckman.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Tetens out of the chambers.
FIRST READING OF ORDINANCE NO. 509-293 - 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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_021
CERTAIN REAL PROPERTY LOCATED ON BEING LOT 12 & THE EAST 1/2 OF LOT 11,
BLOCK 3, CAS -CON ACRES, BEING THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4,
H.T. & B.R.R. CO. SURVEY, SECTION 14, A-509, VOLUME 5, PAGE 127, PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 620) (6225
COTTONWOOD) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING (R-1) AT THE REQUEST OF JAMES
SANDLING, OWNER, PROVIDING FOR ANAMENDMENT 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. 509-293 (Application No. 620) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
approve Application No. 620.
Voting "Aye" Councilmembers Beckman, Wilkins, and Seeger.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Tetens out of the chambers.
FIRST READING OF ORDINANCE NO. 509-294 - 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 LOCATED IN THE CITY LIMITS OF THE CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (APPLICATION NO'S. 628, 629, 630, 631,
636, 638, 639, & 673) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) .AT THE REQUEST OF THE
OWNERS OF SUCH REAL PROPERTY, 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. 509-294 (Applications 628,629,630,631,636,638,639, & 673) on its first
reading.
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022
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
approve Application Nos. 628,629,630,631,636,638,639, & 673.
Voting "Aye" Councilmembers Beckman, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Tetens out of the chambers.
Meeting was adjourned at 10:04 p.m.
ADJOURNMENT
Minutes approved as submitted and/or corrected this 12TH the day of A.D. April , 1999.
Tom Reid
ATTEST: Mayor
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