2000-01-24 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON JANUARY 24, 2000, 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
William Berger
Helen Beckman
Richard Tetens
Larry Wilkins
Klaus Seeger
Glen Erwin
Darrin Coker
Young Lorfing
Others in attendance: Deputy City Manager Alan Mueller; Police Chief J.C. Doyle; City
Engineer John Hargrove; Director of Community Development and Services Gene
Tumlinson; Director of Finance David Castillo; Parks & Recreation Director Ed Hersh;
Public Works Director Jerry Burns; Assistant City Attorney Nghiem Doan; Project Manager
Michael Ross
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Mayor Reid, and the Pledge of Allegiance was led by Mayor
Pro -Tem Berger.
APPROVAL OF MINUTES
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
approve the minutes of the January 10, 2000, Joint Public Hearing; minutes of the January
10, 2000, Public Hearing (Bella Vita); minutes of the January 10, 2000, Public Hearing
(R.O.W. Mykawa & SH35) held at 7:00 p.m.; minutes of the January 10, 2000, Public
Hearing (R.O.W. Magnolia & SH35) held at 7:00 p.m.; minutes of the January 10, 2000,
Regular Council Meeting held at 7:30 p.m.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
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093
Motion Passed 5 to 0.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported that on January 12 he attended the County Tax Abatement
Committee Meeting; January 14 he attended the Chamber Good Morning Breakfast, and
the Transportation Policy Council Board of Directors Meeting; January 15 he attended the
VFD Annual Awards Banquet; January 18 he attended the HGAC Monthly Board of
Directors Meeting, the Gulf Coast Water Authority Planning & Development Committee
Meeting, Brittany Bay Road Meeting, and the Moody Bank Open House; January 19 he
attended the Brazoria County Cities Association Monthly Meeting; January 20 he attended
the Brazoria County Interlocal Agreement Committee Meeting, Gulf Coast Water Authority
Board of Directors Meeting, and Bay Area Transportation Partnership Monthly Meeting;
January 22 he attended the City Council Annual Retreat and the Chamber of Commerce
Annual Banquet.
COUNCIL ACTIVITY REPORTS
Councilmember Beckman reported that she attended the Keep Pearland Beautiful Board
Meeting and a number of sub committee meetings. She also stated Household Hazardous
materials collections will take place in April, and if anyone would like to volunteer contact
Keep Pearland Beautiful. She stated that "Litter Free by 2003" is going to make an effort
to get Pearland clean and keep Pearland clean. Trees for Pearland is interested in adding
new trees to Pearland, and anyone who is interested please contact Keep Pearland
Beautiful. She attended a Library Meeting and stated that the Library is almost finished.
The Library will be closing in February to move into the new library building. The opening
will be in early March. She attended the Texas Municipal League Leadership Workshop
in Deer Park, and stated that the next meeting will be held in Pearland. She congratulated
the Parks Department on a successful Winterfest 2000. She also attended the Brazoria
Counties Cities Association Meeting in Alvin, at the Nolan Ryan Center and Museum.
Councilmember Tetens attended the Chambers Banquet, and the Council Workshop on
January 22.
Mayor Pro -Tem Berger received a letter from Pearland Independent School District asking
for a moratorium on the construction of new apartments in Pearland. Councilmember
Wilkins stated that he supports the moratorium. He also reported that he attended the
Annual Volunteer Fire Department Awards Banquet, and he is proud to present a plaque
to Mayor Reid from the Volunteer Fire Department to the City of Pearland for their
continued support and commitment given to the fire department by the City.
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Councilmember Wilkins stated that he also attended the Annual Fireman's Awards and
it was very nice and informative. He thanked Staff for great Council Retreat this past
weekend. He also reported he attended the Chamber Banquet, and he thanked Billie
Everett and the Chamber for the elaborate grand event. He also stated that January is
School Board Month and stated that the School Board is doing a great job.
Councilmember Seeger stated that Council removed all proposed new multifamily
dwellings off the new proposed Comprehensive Plan. Councilmember Seeger stated that
he also supports the School Board's request for a moratorium on the construction of new
apartments.
CITY MANAGER'S REPORT
City Manager Glen Erwin to thanked the Mayor, Council and Staff for attending the annual
Council Retreat and planning session last Saturday. He stated it was a great help and we
got a lot out of it.
CITIZENS
Gay Johnson, 2317 Green Tee Dr., addressed Council regarding the Traffic Study that the
City and Harris County is conducting. Ms. Johnson is concerned that the reconstruction
of the bridge at the Scarsdale and Beamer intersection, has altered the traffic flow through
the Green Tee subdivision. She stated the resident are using Dixie Farm Road to make up
the lost time instead of going through Green Tee. She also has concerns regarding the
speeding problem which is getting worse through Green Tee Subdivision, and the people
are not obeying the no pass rules which she feels is unsafe for the children and pets.
Cathy O'Brien, 3010 Country Club Drive, addressed Council and thanked them for
participating in the regional traffic study with Harris County. She further stated she is
concerned with the timing of the construction on the bridge at Scarsdale and Beamer, and
is afraid that the study may be biased because the construction has reduced the traffic flow
through Green tee Subdivision. Ms. 0' Brien stated she is using Dixie Farm Road due to
the construction.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 945 - AN ORDINANCE OF THE CITY COUNCIL OF THE
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095
CITY OF PEARLAND, TEXAS, RENAMING McHARD ROAD WEST OF SH 288
AMD EAST OF FM 521 AS SHADOW CREEK PARKWAY; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE;
PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE.
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OFORDINANCE NO. 509-393 -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
CABINET/FURNITURE/ARCHITECTURAL MILLWORK SHOP ON THE
FOLLOWING PROPERTY, TO -WIT BEING TRACT 1-1 ACRE OUT OF LOT 8;
TRACT II -1.36 ACRES OUT OF LOT 8; TRACT III -1.0001 ACRE TRACT OUT OF
LOT 9, ALL OUT OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4,
SECTION 14, H.T. & B.R.R. CO. SURVEY, A-509, BRAZORIA COUNTY, TEXAS
APPLICATION NO. 848 & SPECIFIC USE NO. 74) (5713 COTTONWOOD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL
BUSINESS - SPECIFIC USE (GB -S) AT THE REQUEST OF FOLLETT
VENEERS, INC, 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.
C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-394 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE
LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 1.25
ACRES SITUATED IN LOT 57, ALLISON RICHEY GULF COAST HOME CO.
SUBDIVISION, SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243, BRAZORIA
CO., TEXAS ACCORDING TO THE PLAT RECORDS IN VOLUME 2, PAGES 23-
24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 849)
(14015 CR 556 (GARDENS)) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-
1) AT THE REQUEST OF GREGORY R. MOORE & SUSAN C. DIETERICH,
OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT
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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 CouncilmemberTetens, to adopt
the Consent Agenda Items A through C, on their second and final reading.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No"
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
COUNCIL ACTION - SETTING OF A PUBLIC HEARING TO DISCUSS AND REVIEW
THE UPDATED LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENT PLAN. Mr.
Alan Mueller, Deputy City Manager.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to set
the public hearing for February 28, 2000 at 6:30 p.m. to discuss and review the updated
land use assumptions and capital improvement plan.
In an executive summary given by Deputy City Manager, Alan Mueller, he stated that the
staff hired Walsh Engineering, Inc. to update the 1996 Water and Sewer Impact Fee Study
as the basis for reviewing the land use assumptions and capital improvements plan. Staff
received an updated land use assumptions and capital improvements plan from Walsh
Engineering on January 14, 2000. Per section 395.053 of the Texas Local Government
Code, the City of Pearland shall within 60 days after it receives the update of the land use
assumptions and the capital improvements plan, adopt an order setting to discuss and
review the updates and shall determine whether to amend the plan. A copy of the study
will be distributed to the City Council prior to the public hearing. In accordance with the
public notice guidelines, the public hearing is to be held on February 28, 2000 at 6:30 p.m.,
City Hall Council Chambers. The public notice will appear for three consecutive weeks in
the newspaper publication beginning January 26, 2000. Staff recommended the adoption
of an order for setting a public hearing to discuss and review the updated land use
assumptions and capital improvements plan for February 28, 2000 at 6:30 p.m., City Hall
Council Chambers and authorize staff to publish such notice in a newspaper publication
for three consecutive weeks.
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097.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. 82000-10 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO EXECUTE A CHANGE ORDER WITH LEM CONSTRUCTION
COMPANY, INC. FOR CONSTRUCTION OF EMERGENCY POWER WIRING AT THE
ALICE STREET WATER PLANT, LIBERTY DRIVE WATER PLANT, WALNUT STREET
WASTEWATER LIFT STATION, AND TWIN CREEKS WOOD WASTEWATER LIFT
STATION. Mr. John Hargrove, City Engineer.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to
approve Resolution No. R2000-10.
City Engineer John Hargrove states that staff has identified additional projects to add
provisions for emergency power at the Alice Street Water Plant, Library Street Water
Plant, Walnut Street Wastewater Lift Station, and Twin Creeks Wood Wastewater Lift
Station. Based on that need, the City received alternate bids as part of the Barry Rose
Wastewater Treatment Plant Expansion on November 3, 1999. The responsible low bid
was submitted by LEM Construction. The alternate bid items provide for re -writing at the
Alice. Street and Liberty Street Water Plants to accept portable generators. The additional
scope of services also provide for similar improvements at the Walnut Street and Twin
Creek Woods Wastewater Lift Stations. Staff recommends the award of the Barry Rose
Wastewater Treatment plant alternate bid items 1,2,3,4 and approval of change order no.
1 to LEM Construction Co., Inc. for construction of emergency power wiring at the Alice
Street Water Plant, Liberty Street Water Plant, Walnut Street Lift Station, and Twin
Creeks Wood Wastewater Lift Station.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION -ACCEPTANCE OF WEST OAKS SECTION 3-C. Mr. John Hargrove,
City Engineer.
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Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Berger, to accept
West Oaks Section 3-C Subdivision.
City Engineer John Hargrove, states this is another continuing section of West Oaks
development. This section will add 32 lots and is approximately 9.0808 acres. Mr. Hargrove
recommended the acceptance of the subdivision for maintenance and operation.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2000-14 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO EXECUTE AN EASEMENT IN FAVOR OF RELIANT ENERGY
HL&P, A DIVISION OF RELIANT ENERGY, INC. Mr. Alan Mueller, Deputy City Manager..
Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to
approve Resolution No. R2000-14.
Deputy City Manager Alan Mueller stated in an executive summary that due to the
abandoning of the Knapp Road right-of-way at the BNSF railroad, this easement is
necessary to preserve an easement for existing HL&P facilities. Staff recommends to
approval of this resolution.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 947 -AN ORDINANCE OFTHE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, VACATING, CLOSING, AND
ABANDONING A CERTAIN ROAD RIGHT-OF-WAY LOCATED ALONG KNAPP ROAD,
WITHIN THE CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS,
IN ACCORDANCE WITH ORDINANCE NO. 788; HAVING A SAVINGS CLAUSE AND A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND DECLARING
AN EMERGENCY BECAUSE THE NEED TO VACATE, CLOSE, AND ABANDON
UNNECESSARY ROAD RIGHTS-OF-WAY INURES TO THE BENEFIT OF THE PUBLIC
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m..
AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE
OF THE CITIZENRY. Mr. Darrin Coker, City Attorney.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 947 on its first and only reading.
City Attorney, Darrin Coker, in an executive summary stated that this will fulfill the City's
obligation to BNSF Railroad as stipulated in the McHard Road overpass contract. Once
abandoned, BNSF will pay the City $225,000.00. Staff recommended that City Council
approve the Ordinance on first and only reading.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 948 -AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, VACATING, CLOSING, AND
ABANDONING A CERTAIN SIXTY FOOT (60') WIDE UNCONSTRUCTED ROAD RIGHT-
OF-WAY LOCATED BETWEEN STATE HIGHWAY 35 AND VETERANS DRIVE, WITHIN
THE CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS, IN
ACCORDANCE WITH ORDINANCE NO. 788; HAVING A SAVINGS CLAUSE AND A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND DECLARING
AN EMERGENCY BECAUSE THE NEED TO VACATE, CLOSE, AND ABANDON
UNNECESSARY ROAD RIGHTS-OF-WAY INURES TO THE BENEFIT OFTHE PUBLIC
AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE
OF THE CITIZENRY. Mr. Darrin Coker, City Attorney.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
approve Ordinance No. 948 on its first and only reading.
In an executive summary given by City Attorney Darrin Coker he states that the property
in question has an unused 60' right-of-way running through the middle of the property.
The property is currently on the market and is zoned M-1. The staff has no objection to
the abandonment as the City has no utilities located within the right-of-way. Staff
recommended the approval by Council on its first and only reading.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
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Voting "No" None.
Motion Passed 5 to 0.
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COUNCIL ACTION - RESOLUTION NO. R2000-7 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING ROAD
CONSTRUCTION PROJECTS FOR PEARLAND PARKWAY FROM OILER DRIVE TO
GALVESTON COUNTY LINE, BAILEY ROAD FROM SH 35 TO SH 288, McHARD ROAD
FROM MYKAWA ROAD TO SH 288, AND SUBJECT TO THE AWARD OF SAID
PROJECTS, COMMITTING FUNDS TOWARD THE PRELIMINARY ENGINEERING AND
ENVIRONMENTAL ASSESSMENTS ASSOCIATED THEREWITH. Mr. Alan Mueller,
Deputy City Manager.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to
approve Resolution No. R2000-7.
In an executive summary given by Deputy City Manager Alan Mueller he states that
completing a preliminary engineering and environmental assessment (PE&EA) is a
prerequisite for eligibility for Federal funds for road construction projects. Normally it is
HGAC's policy that PE&EA studies must be funded entirely by the project sponsor.
However, HGAC has made funds available, on a competitive basis, to fund 80% of
approved PE&EA studies. The three applications for high-priority projects for which
PE&EA studies have not been initiated. The projects and the estimated local share of the
expected PE&EA expense are: 1) Pearland Parkway: Oiler to Galveston County Line
($120,000); 2) Baily/CR 101: SH 35 to SH 288 ($200,000); 3) McHard Road: Mykawa
Road to SH 288 ($140,000). Funds for these projects are not currently allocated. If one
or more of these projects are awarded, funds could be budgeted in a future budget at
Council's discretion. The application requires a funding commitment from the City
Council. The attached resolution of support for the application commits funds subject to
award of the project and appropriation by the Council. Staff recommended to approve the
resolution or to direct staff to modify or stop the application.
Councilmember Seeger asked what is the timetable for completion of these projects?
Deputy City Manager, Alan Muller, stated that the City will not find out if the funds are
awarded for approximately ninety days, then when they are awarded the PE & EA studies
will take approximately three years.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
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Voting "No" None.
Motion Passed 5 to 0.
101
COUNCIL ACTION - RESOLUTION NO. R2000-11 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING THE EXISTENCE OF
"SURPLUS PROPERTY" BELONGING TO THE CITY AND DETERMINING THE NEED
FORA PUBLIC AUCTION TO FACILITATETHE PROPER DISPOSITION OFTHE CITY'S
"SURPLUS PROPERTY". Mr. Jerry Burns, Public Works Director.
Councilmember Wilkins made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2000-11.
In an executive summary given by Jerry Burns he gives a list of vehicles that have been
in storage at the Public Works Garage. These vehicles are either wrecked beyond repair
or are deemed unsuitable for continued use as City vehicles -consequently expendable.
A 1986 Plymouth 4dr. From engineering is unsafe to drive, 1982 Ford dump truck from
parks that is wore out beyond repair, 1985 Ford Van from SW Bell and Police that is
unsafe to drive and no longer needed, and a 1978 Ford Bucket Truck which the lift is
unsafe and too expensive to repair, also not needed. Staff recommended that the City
Council deem these vehicle as expendable and after required public notice send to public
auction.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 946 -AN ORDINANCE OFTHE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS W ITHIN
THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON SUNRISE BOULEVARD
IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH BROADWAY STREET
(FM 518), UPON SUNRISE BOULEVARD IN A NORTHERLY DIRECTION AT ITS
INTERSECTION WITH SUNLAKE DRIVE, UPON SUNDAY HOUSE DRIVE IN A
SOUTHERLY DIRECTION AT ITS INTERSECTION WITH SUNLAKE DRIVE,
UPON SUNDAY HOUSE DRIVE INA NORTHERLY DIRECTION AT ITS INTERSECTION
WITH SUNDOWN DRIVE, UPON SUNBIRD COURT IN A SOUTHERLY DIRECTION AT
ITS INTERSECTION WITH SUNLAKE DRIVE, UPON SUNFISH DRIVE IN A
SOUTHERLY DIRECTION AT ITS INTERSECTION WITH SUNLAKE DRIVE, UPON
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SUNDOWN DRIVE IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH
SUNFISH DRIVE, UPON SUNDOWN DRIVE IN A WESTERLY DIRECTION AT ITS
INTERSECTION WITH SUNFISH DRIVE, UPON SUNPERCH COURT IN A WESTERLY
DIRECTION AT ITS INTERSECTION WITH SUNFISH DRIVE, UPON SUMMER SUN
LANE IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH SUNFISH DRIVE,
UPON SUNFISH DRIVE IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH
SUNDANCE DRIVE, UPON SUNFISH DRIVE IN A SOUTHERLY DIRECTION AT ITS
INTERSECTION WITH SUNDANCE DRIVE (SUNRISE LAKES, SECTION ONE);
PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE
DATE, FOR PUBLICATION, AND FOR CODIFICATION; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO ESTABLISH STOP SIGNS AT
INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF
THE CITIZENRY. Mr. John Hargrove, City Engineer.
Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to
approve Ordinance No. 946 on its first and only reading.
City Engineer John Hargrove stated this is to establish an Ordinance for enforcement of
Stop Signs, and Staff recommends the approval of this Ordinance.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0
COUNCIL ACTION - APPOINTMENT -REAPPOINTMENT OF TIRZ NO. 1 BOARD
MEMBERS. Mr. Alan Mueller, Deputy City Manager.
Councilmember Beckman made the motion, seconded by Councilmember Tetens to
reappoint Dan Olson for Position 1 term expiring in January 2002, Greg Coleman for
Position 2 term expiring January 2001, Louis Silver for Position 5 term expiring January
2002. He would like recommend appointing Janet Chambliss to position 3 term expiring
January 2002. Also recommend Janet Chambliss to be appointed as Chair for a one year
term.
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10.3
In an executive summary given by Deputy City Manager Alan Mueller he states that the
creation Ordinance for Tax Increment Reinvestment Zone #1 calls for the Mayor to
nominate and appoint members to the Board.
Mayor Reid recommended the following appointments and reappointments for the Tax
Increment Reinvestment Zone #1 Board, to reappoint Dan Olson for Position 1 term
expiring in January 2002, Greg Coleman for Position 2 term expiring January 2001, Louis
Silver for Position 5 term expiring January 2002. He would like recommend appointing
Janet Chambliss to position 3 term expiring January 2002. Also recommend Janet
Chambliss to be appointed as Chair for a one year term.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2000-12 - 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 WALSH ENGINEERING, INC.
FOR ENGINEERING SERVICES ASSOCIATED WITH SUBURBAN GARDENS ROAD
WATER DISTRIBUTION IMPROVEMENTS. Mr. Jerry Burns, Public Works Director.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R2000-12.
In an executive summary given by Jerry Burns that this is an estimated construction cost
for the installation of a major water distribution line on Garden Road from Laurie Ln to
Butler and from the existing Water Plant to Lawhorn school. The project will involve
acquiring additional easements along the east side of Garden Rd. The information before
you is requested for authorization of engineering work associated with the project.
Estimated engineering cost based on a construction estimate of $288,200.00 and a 11.5%
fee are Preliminary & Design Phase (85% of fee;$28,170), Construction Phase (15% of
fee;$4,973), and Topographical survey and Easement Descriptions ($16,500). Staff,
recommends that City Council authorize the City Manager or his representative to enter
into an agreement with Walsh Engineering for engineering services for the installation of
a major water distribution line on Garden Road in the amount of $49,630 including $16,500
for easement descriptions.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
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Voting "No" None.
Motion Passed 5 to 0.
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COUNCIL ACTION - RESOLUTION NO. R2000-13 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING A REPRESENTATIVE
OF THE CITY OF PEARLAND TO THE BRAZORIA COUNTY COMMUNITY
DEVELOPMENT ADVISORY BOARD. Mayor Tom Reid.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to
approve Resolution No. R2000-13, and appoint Councilmember Helen Beckman to
represent the City of Pearland on the Brazoria County Community Development Advisory
Board.
Mayor Reid gave a brief overview of the Brazoria County Community Development
Advisory Board, and the community development block grant home program.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING ORDINANCE NO. 919-1 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 919,
THE 2000 ANNUAL BUDGET ORDINANCE, BY AUTHORIZING CERTAIN ADDITIONS
AND REDUCTIONS IN GENERAL FUND, WATER AND SEWER FUND, PEDC FUND,
IMPACT FUND, 1997 CERTIFICATES OF OBLIGATION FUND, AND CAPITAL
PROJECTS 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. Mr. David Castillo, Director of
Finance.
Councilmember Wilkins made the motion, seconded by Councilmember Beckman, to
approve Ordinance No. 919-1 on its first and only reading.
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105
City Manager, Glen Erwin, stated throughout the budget year we will be bringing
amendments to the budget. This amendment will allow the City to fund projects that were
initiated last budget year and were not able to be completed during that fiscal year. The
total amendment request is for $570,640, and the funds are available from the fund
balance surplus. Mr. Erwin asked that City Council approve this amendment.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 8:40 p.m. to
discuss the following.
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 -CONSULTATION WITH THE CITYATTORNEY
REGARDING POTENTIAL LITIGATION ASSOCIATED WITH THE
FINDINGS OF THE INDEPENDENT INVESTIGATION.
2. SECTION 551.071 -CONSULTATION WITH THE CITY ATTORNEY
REGARDING THE POTENTIAL LITIGATION- CULLEN AREA.
Council returned from Executive Session at 10:37p.m.
NEW BUSINESS (CONTINUED):
COUNCIL ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING
POTENTIAL LITIGATION ASSOCIATED WITH THE FINDINGS OF THE INDEPENDENT
INVESTIGATION. Mr. Darrin Coker, City Attorney.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins to
formally accept the final investigation of the Independent Investigator.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
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Motion Passed 5 to 0.
COUNCIL ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING THE
POTENTIAL LITIGATION CULLEN AREA. Mr. Darrin Coker, City Attorney.
Councilmember Wilkins made the motion, seconded by Councilmember Tetens not to
take any action on this item.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
ADJOURNMENT
Meeting was adjourned at 10:38 p.m.
ADJOURNMENT
Minutes approved as submitted and/or corrected this the 14th day of February
2000. T
i
Tom Reid
Mayor
ATTEST:
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