2000-04-10 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON APRIL 10, 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
Tom Reid
Mayor Pro -Tem
William Berger
Councilmember
Helen Beckman
Councilmember
Richard Tetens
Councilmember
Larry Wilkins
Councilmember
Klaus Seeger
City Manager
Glen Erwin
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Others in attendance: DeputyCity ManagerAlan Mueller; Executive Director P.E.D.C. Mike
Chance; Police Chief J.C. Doyle; City Engineer John Hargrove; Grants Coordinator Chris
Kidwell; Director of Community Development & Services Gene Tumlinson; Parks &
Recreation Director Ed Hersh; Public Works Director Jerry Burns; Assistant City Attorney
Nghiem Doan; Project Manager Michael Ross; Purchasing Officer Gordon Island; Utility
Accounts Supervisor Missy Miller; Assistant Chief of Police Johnny Spires.
The invocation was given by Mayor Reid, and the Pledge of Allegiance was led by Mayor
Pro -Tem William Berger.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
approve the minutes of the March 27, 2000, Public Hearing held at 6:30 p.m. and the
minutes of the March 27, 2000, Regular Council Meeting held at 7:30 p.m.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
MAYOR'S ACTIVITY REPORT
Mayor Reid welcomed the Chamber Leadership group to the Council meeting. He then
presented a proclamation to Bunny Phillips, Brazoria County Child Protective Services
r— Page 1 of 18 - 4/10/2000
Board Member in honor of Child Abuse Prevention Month. Mayor Reid asked Steve
Freidman, President elect, to give a brief overview of the Exchange Club's recognition of
Pearland Police Officer, Mo Lopez. Mayor Reid also reported that on March 29 he
welcomed the Leadership Conference; March 30 he attended the ribbon cutting for the
Baywood Properties, Moody National Bank, and St. Andrews Apartments; April 3 he
attended the P.E.D.C. Monthly Meeting, and the City Council Workshop; April 4 he
attended AARP Monthly Meeting, he met with a PEDC/New Business Candidate, and he
also attended the Pearland School District Education Improvement Committee Meeting;
April 5 he attended the Crime Prevention Luncheon sponsored by Texas Gulf Coast
Exchange Club; April 6 through April 8 he attended the TML Risk Pool Board of Directors
Meeting.
COUNCIL ACTIVITY REPORTS
Councilmember Beckman, Tetens, Berger, and Seeger did not give a report.
Councilmember Wilkins apologized to the Chamber Leadership group for not attending the
dinner, and welcomed them to the meeting.
CITY MANAGER'S REPORT
City Manager, Glen Erwin, stated he is proud to announce that the Parks & Recreation
Department will receive a National Recreational Parks Society Southwest Region Cultural
Arts award for the City's Summer Outdoor Concert Series.
CITIZENS
C.D. Anderson, 3215 Jacquelyn Dr. addressed Council regarding the growth of Pearland,
and also addressed his concerns about zoning, and impact fees in the City.
Mayor Reid formally recessed the Regular Council meeting at 7:55 p.m.
Mayor Reid formally opened the Docketed Public Hearing at 7:56 p.m.
DOCKETED PUBLIC HEARING
CALL TO ORDER
PURPOSE OF HEARING - LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM
OFFERED BY THE DEPARTMENT OF JUSTICE.
Page 2 of 18 - 4/10/2000
To consider the City's participation in the Local Law. Enforcement Block Grant Program
offered by the Department of Justice.
STAFF REVIEW OF LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM
Police Chief J.C. Doyle stated that the grant is for a bike patrol, and would be a great
problem solving tool. There would be six officers and two supervisors, assigned to the
program, all on a part time basis. The bikes would be on a rack at the rear of the police
car. The total cost of the program is $12,737, however the City's portion would be $1,800.
CITIZEN COMMENTS
None.
COUNCIUSTAFF DISCUSSION
Councilmember Wilkins asked how many total bicycle officers would be on the street at
any given time?
Police Chief Doyle stated it will depend. The Chief gave examples of the special events
the City has and the number of officers he plans to assign to the bike program for the
events. He further stated that it is recommended that the officers ride in pairs of two, for
safety and security reasons. He plans to start the program with eight officers.
Councilmember Beckman stated that she is delighted that the City is involved in the bike
patrol program.
City Manager, Glen Erwin, stated that after further review of the bike program he is in full
support of the Bike Program.
Mayor Reid asked what types of bikes would be used?
Police Chief Doyle stated that they would be the Diamond Back, with a police package.
A short discussion ensued between Council and Staff regarding the benefits of bike
patrol.
ADJOURNMENT OF DOCKETED PUBLIC HEARING
Docketed Public Hearing was adjourned at 8:05 p.m.
Page 3 of 18 - 4/10/2000
Council returned to its Regular Meeting at 8:15 p.m.
CONSENT AGENDA
i
A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 961 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF
DECORATIVE WALK BRIDGES INTO THE CITY'S RIGHT-OF-WAY AND/OR
WATER/SEWER EASEMENT, IN THE CITY OF PEARLAND, BRAZORIA, FORT
BEND, AND HARRIS COUNTIES, TEXAS. Mr. Gene Tumlinson, Director of
Community Development and Services.
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-438 - 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 16.7
ACRES OUT OF LOT 30, A-304, BRAZORIA COUNTY, TEXAS (APPLICATION
NO. 889) (BROADWAY STREET @ WOOTEN ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C)
AT THE REQUEST OF F.A.S.H. FAMILY PARTNERSHIP 1992, OWNER,
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE
DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Gene
Tumlinson, Director of Community Development and Services.
C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-440 - 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 A 5.00
ACRE TRACT OF LAND OUT OF SECTION 17, H.T. & B.R.R. CO. SURVEY, A-
242, BRAZORIA COUNTY, TEXAS AS DESCRIBED IN DEED RECORDS IN
VOLUME 1318, PAGE 843, OF THE DEED RECORDS OF BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 891) (MANVEL ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C)
AT THE REQUEST OF E. MAURIS HARDCASTLE, AGENT FOR HARDCASTLE
Page 4 of 18 - 4/10/2000
FAMILY LIMITED PARTNERSHIP, OWNER, PROVIDING FOR AN AMENDMENT
OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT. Mr. Gene Tumlinson, Director of Community
Development and Services.
D. CONSIDERATION AND POSSIBLE ACTION - SECOND:AND FINAL READING
OF ORDINANCE NO. 509-442 - 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 4.6945
ACRES OF LAND SITUATED IN THE NORTHEAST'/4 OF SECTION 17, H.T. &
B.R.R. CO. SURVEY, A-242, BRAZORIA COUNTY, TEXAS, BEING A PART OF
LAND DESCRIBED IN VOLUME 103, PAGE 156 AND VOLUME 233, PAGE 452,
OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO.
893) (2932 MANVEL ROAD) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE
REQUEST OF ARNE W. PEPIN, OWNER, PROVIDING FOR AN AMENDMENT
OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT. Mr. Gene Tumlinson, Director of Community
Development and Services.
E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-444 - 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 PART OF
LOT J IN WESTGATE PARK SUBDIVISION, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 886) (2555 WESTGATE) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS
DISTRICT (GB) AT THE REQUEST OF JOHNSTON BUILDERS AND
ASSOCIATES, AGENT FOR EDWIN ANDERSON, OWNER, PROVIDING FORAN
AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT. Mr. Gene Tumlinson, Director of
Community Development and Services.
Page 5 of 18 - 4/10/2000
F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-445 - 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 2.00
ACRES OF LAND OUT OF LOT 22, ALLISON RICHEY GULF COAST HOME CO.
SUBDIVISION, SECTION 20, H.T. & B.R.R. CO. SURVEY, A-506, BRAZORIA
COUNTY, TEXAS ACCORDING TO A MAP OR PLAT RECORDED IN VOLUME
2, PAGE 23, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 792) (1107 LINDA LANE) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-1) AT THE REQUEST OF BRENT A. BROWN, OWNER,
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABI LITY CLAUSE, AN EFFECTIVE
DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Gene
Tumlinson, Director of Community Development and Services.
G. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-446 - 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 .4537
ACRES OUT OF THE SOUTH �/2 OF LOT 25 OF ALLISON RICHEY GULF COAST
HOME CO. SUBDIVISION, SECTION 7, A-219, BRAZORIA COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 884) (O'DAY ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-1) AT THE REQUEST OF GEORGE V. & VIVIAN R. JOHNSON,
OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT
MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr.
Gene Tumlinson, Director of Community Development and Services.
H. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-447 - 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
Page 6 of 18 - 4/10/2000
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING A 5.9136
ACRE TRACT OF LAND OUT OF A CALLED 9.29 ACRE TRACT OUT OF THE
SOUTH 1/2 OF LOT 30, ALLISON RICHEY GULF COAST HOME CO.
SUBDIVISION,SECTION 21 H.T.-& B.R:R. CO. SURVEY, A-309, BRAZORIA
COUNTY, TEXAS (APPLICATION " NO. ' 888) (FITE ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-1) AT THE'REQUEST OF FREEMAN T. II &
OLLIE WYCHE, OWNERS; -PROVIDING FOR AN AMENDMENT OF THE LAND
USE DISTRICT MAP; CONTAINING' A' SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE -DATE AND OTHER PROVISIONS RELATED TO THE
SUBJECT. Mr. GeneTumlinson, Directorof CommunityDevelopmentand Services.
I:
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-448 - 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 3.00
ACRES OF LAND, MORE OF LESS, BEING A PART OF LOTS 58 & 59, ALLISON
RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 19, H.T. & B.R.R.
CO. SURVEY, A-243, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 895)
(14202 GARDENS ROAD (HAWK MEADOWS ROAD)) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-1) AT THE REQUEST OF JOE D. & CAROL McWHORTER,
OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT
MAP; CONTAINING A SAVINGS CLAUSE, A, SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr.
Gene Tumlinson, Director of Community Development and Services.
J. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-449 - 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 2.75
ACRES, MORE OR LESS, OUT OF THE H.T. & B.R.R. CO. SURVEY, SECTION
20, A-506, OUT OF LOT 49A, ALLISON RICHEY GULF COAST HOME CO.
SUBDIVISION, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 905) (4230
HAWK ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) ATTHE REQUESTOFT.P.
Page 7 of 18 - 4/10/2000
THREE ENTERPRISES, 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. Mr. Gene Tumlinson, Director of Community
Development and Services.
Councilmember Beckman made the motion, seconded by CouncilmemberTetens, to adopt
the Consent Agenda Items A through J, on their second and final reading.
Voting "Aye" Councilmembers Beckman, Berger, Tetens, Wilkins, and Seeger.
Voting "No"
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
COUNCIL ACTION - REGARDING COUNCIL RECEIVING A PETITION REQUESTING
THE ANNEXATION OF 12.58 ACRESAS REQUESTED BY PEARLAND INVESTMENTS.
Mr. Alan Mueller, Deputy City Manager.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
receive a petition requesting the annexation of 12.58 acres as requested by Pearland
Investments, and for Staff to prepare a service plan for the same.
In an executive summary given by Deputy City Manager Alan Mueller, he stated that the
City has received a request from Pearland Investments to annex 12.58 acres into the
City. At the time the adjacent property was annexed into the City, this property was within
MUD 5. Since that time it has been deannexed by the MUD. State statute requires the
Council to act to accept or deny the request within 30 days of receipt. If the Council
accepts the request, staff will prepare a service plan, annexation schedule, and begin the
notification process. The letter also contains a request to annex this property into TIRZ
#2. Annexation into the TIRZ will take a separate action after annexation of the property
into the City. While no formal action is needed now, direction to staff regarding Council's
desire to annex this property into the TIRZ will enable the staff to plan accordingly. Staff
recommends preparing an annexation service plan.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Page 8 of 18 - 4/10/2000
Voting "No" None.
Motion Passed 5 to 0.
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.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Seeger, to set
a Public Hearing to review the updated land use Assumptions and Capital Improvement
Plan on June 5, 2000 at 6:30 p.m.
In an executive summary given by Deputy City Manager Alan Mueller, he stated that 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. Per
section 395.053 of the Texas Local Government Code, the City of Pearland shall adopt
an order setting to discuss and review the updates and shall determine whether to amend
the plan. A revised copy of the study will be distributed to the City Council prior to the
public hearing. In accordance with public notice guidelines, the public hearing is to be
held on June 5, 2000 at 6:30 p.m., City Hall Council Chambers. The public notice will
appear for three consecutive weeks in a newspaper publication beginning April 19, 2000.
Staff recommends adopting an order for setting a public hearing to discuss and review
the updated land use assumptions and capital improvements plan for June 5, 2000 at
6:30 p.m., City Hall Council Chambers and authorizing Staff to publish such notice in a
newspaper publication for three consecutive weeks.
Voting"Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - THREE APPOINTMENTS TO SERVE ON THE BOARD OF
DIRECTORS TO THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION
EFFECTIVE MAY 1, 2000 THROUGH APRIL 30, 2002. Mr. Mike Chance, Executive
Director Pearland Economic Development Corporation.
Council member Wilkins made the motion, seconded by Mayor Pro -Tem Berger, reappoint
Dennis Frauenberger, Connie Beaumont, and Susan Lenamon to serve on the Board of
Page 9 of 18 4/10/2000
Directors to the Pearland Economic Development Corporation effective May 1, 2000
through April 30, 2002.
In an executive summary given by City Attorney, Darrin Coker, stated that Board
Members are appointed for two year terms. Dennis Frauenberger, Connie Beaumont, and
Susan Lenamon will complete their term of office as of April 30, 2000. All three have
agreed to serve for another term of office. All three are very efficient and conscientious
members: Staff recommends the appointment of Dennis Frauenberger, Connie
Beaumont, and Susan Lenamon to a two-year term of office as members of the Board of
Directors of the Pearland Economic Development Corporation. This term of office will be
from May 1, 2000 through April 30, 2002.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - APPOINTMENT TO THE PARKS RECREATION AND
BEAUTIFICATION BOARD FOR AN UNEXPIRED TERM ENDING SEPTEMBER 2001.
Mr. Ed Hersh, Director of Parks and Recreation.
Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to
appoint Joseph Taylor for an unexpired term ending September 2001.
In an executive summary given by Parks & Recreation Director Ed Hersh, he stated that
Ms. Jerri Farmer has resigned from the Parks, Recreation and Beautification Board. He
also stated that Mr. Joseph Taylor has expressed an interest in serving on the Parks
Board. He has had an application on file for several months and has children who
participate in the parks and recreation programs. Staff recommends that Council appoint
Mr. Taylor to fill the unexpired term to the Parks, Recreation & Beautification Board which
expires on September 2001.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
Page 10 of 18 - 4/10/2000
COUNCIL ACTION COUNCIL ACCEPTANCE OF VILLAGE OF EDGEWATER
ESTATES SECTION 5, PHASE 1, SUBDIVISION. Mr. John Hargrove, City Engineer.
'Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
accept Village of Edgewater Estates, Section 5, Phase 1, Subdivision.
In an executive summary given by City Engineer, John Hargrove, he stated that this
subdivision consists of 33.596 acres, 55 lots, 2 blocks, and 3 reserves. Staff recommends
acceptance of the subdivision for maintenance and operation.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - COUNCIL ACCEPTANCE OF RIVER MIST SECTION 1
SUBDIVISION. Mr. John Hargrove, City Engineer.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
accept River Mist Section 1 Subdivision.
In an executive summary given by City Engineer, John Hargrove, he stated that this
subdivision consists of 5 blocks, 122 lots, 38.5069 acres, and 4 reserves. Staff
recommends 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 -COUNCIL ACCEPTANCE OFSAWYERS POND SUBDIVISION. Mr.
John Hargrove, City Engineer.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Tetens, to accept
Sawyers Pond Subdivision.
Page 11 of 18 4/10/2000
In an executive summary given by City Engineer, John Hargrove, he stated that this
subdivision consists of 10 acres, 26 lots, and 2 reserves. Staff recommends acceptance
of the subdivision for maintenance and operation.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-D - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 22, SIGNS, OF
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE
CITY OF PEARLAND CODE OF ORDINANCES, (ORDINANCE NO. 509), AS IT MAY
HAVE BEEN, FROM TIME TO TIME, AMENDED, BY ADDING A NEW SUBSECTION TO
REGULATE SIGNS ADVERTISING PRODUCE GROWN AND HARVESTED WITHIN THE
CITY; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR
CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City
Attorney.
Councilmember Wilkins made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 509-D on its first reading.
In an executive summary given by City Attorney, Darrin Coker, he stated that the City
Council recently held a pubic hearing on the proposed Ordinance which will allow on-site
signs for the advertising of fresh produce that is grown on the same property on which the
sale is to take place. The only revision made since the public hearing requires that the
signs be located "on-site." Councilmember Beckman did not feel that the Ordinance
should apply to property already possessing a ground sign. However, because there were
no other comments on the issue, I did not make further revisions. The Council may make
changes to the Ordinance at the City Council Meeting by directing me accordingly. Staff
recommends Council consider Ordinance No. 509-D.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger
Voting "No" None.
Motion passed 5 to 0.
Page 12 of 18 - 4/10/2000
COUNCIL ACTION - RESOLUTION NO. R2000-50 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING THE NEED FOR AN
"INDUSTRIAL PRETREATMENT ORDINANCE" TO REGULATE INDUSTRIAL
DISCHARGES INTO PUBLICLY OWNED TREATMENT FACILITIES. Mr. Jerry Burns,
Public Works Director.
Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to
approve Resolution No. R2000-50.
In an executive summary given by Public Works Director, Jerry Burns, he stated that the
Resolution will help establish the Industrial Pretreatment Ordinance that is now required
by the Texas Natural Resource Conservation Commission. As part of the permitting
process for SWEC the City is now required to implement an Industrial Pretreatment
Program within its jurisdictional boundaries. TNRCC requires that the City set up the
program, monitor it and act as the enforcement agent. By establishing an Ordinance that
sets forth uniform requirements for industrial discharges into the publicly owned treatment
works, the City is able to protect the public health in conformity with applicable state and
federal laws. This program was discussed in detail at the Workshop on March 6, 2000.
Staff recommends that the City Council approve the resolution that will establish such
Ordinance and authorize the City Manager or representatives to administer, implement,
and enforce the provisions of this Ordinance.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2000-52 - A RESOLUTION OF THE CITY
COUNCIL OFTHE CITY OF PEARLAND, TEXAS, AWARDING BID NO. B2000-015 FOR
SANITARY SEWER IMPROVEMENTS ON SHADOW CREEK PARKWAY (FM 2234) AND
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A
CONTRACT FOR SAID IMPROVEMENTS. Mr. Michael Ross, Project Manager.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2000-52.
In an executive summary given by Project Manager Michael Ross, he stated that on
March 29, 2000 the City opened bids for the above project. At that time the apparent low
bidder was E.P. Brady, Inc., in the amount of $1,941,602.85. Since that time the City's
Page 13 of 18 - 4/10/2000
consultant (Carter & Burgess, Inc.) has reviewed and tabulated the bids and checked
references on the low bidder. This project is one of the Texas Water Development Board
(TWDB) State Revolving Fund (SRF) Tier III projects. Therefore, the final bid award is
contingent on the TWDB's approval. Staff recommends that Council accept the low bid
and contract subsequent expenditure of $1,941,602.85 for the Shadow Creek Parkway
Wastewater Project.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2000-49 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO SUBMIT AN APPLICATION TO THE DEPARTMENT OF
JUSTICE FOR A LOCAL LAW ENFORCEMENT BLOCK GRANT AND EXECUTE ANY
AGREEMENTS NECESSARY TO RECEIVE SAID GRANT; AND ALLOCATING
MATCHING FUNDS FROM THE CITY OF PEARLAND AS REQUIRED. Mr. Chris Kidwell,
Grants Coordinator.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R2000-49.
In an executive summary given by Police Chief J.C. Doyle, he stated that in January L1
2000, the Bureau of Justice Assistance awarded a Local Law Enforcement Block Grant
to the City of Pearland, in the amount of $16,838. The grant requires a local match of
$1,871. The Police Department proposes to use the grant funds to establish a bicycle
patrol. Staff recommends that Council pass the Resolution approving the use of Local
Law Enforcement Block Grant Funds.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2000.48 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING BID NO. B2000-045 FOR
ROOF REPLACEMENT OF TWO EQUIPMENT BUILDINGS AT THE SERVICE CENTER
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AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A
CONTRACT FOR SAID ROOF REPLACEMENT. Mr. Gordon Island, Purchasing Officer.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2000-48.
In an executive summary given by Purchasing Officer Gordon Island, he stated that
sealed bids were received for roof replacement at two equipment buildings located at the
Public Works Service Center. The work consist of replacing the entire roof, gutters and
down spouts with new material. Damaged purins, eave struts and column corners will be
replaced or repaired as necessary at the unit price noted in bid. The equipment building
roofs have rusted and deteriorated to the point where water leaks into the buildings
causing damage to stored materials and equipment. Repair of the roofs is not feasible
and replacement is required. The new silicone polyester finished galvalume coated steel
roof system will carry a twenty-year paint finish warranty and a two-year weather tightness
warranty. Staff recommends an award based on low bid to Independent Steel Erectors,
Houston, Texas in the amount of $24,985. Funds are budgeted and available in the 2000
budget.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-450 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATION BEING LOT 12, BLOCK 4, WAGON WHEEL
SUBDIVISION, H.T. & B.R.R. CO. SURVEY, A-509, ACCORDING TO THE PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 591) (6222 BECKY
LANE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JOHN L. COLE,
OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE
AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Gene Tumlinson, Director
of Community Development and Services.
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Councilmernber Wilkins made the motion, seconded by Councilmernber Tetens, to
approve Ordinance No. 509-450 (Application No. 591) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve (Application No. 591).
In an executive summary given by Director of Community Development & Services Gene
Tumlinson, he stated that this is.a zone change request t.o change from Suburban
Development District (SD) to Single Family Dwelling District (R-1) at 6222 Becky Lane.
Staff recommends consideration of request.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion passed 5 to 0.
COUNCIL AND POSSIBLE ACTION - REGARDINGTHE RECOMMENDATION FROM
THE PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY
(APPLICATION NO. 574) AT THE REQUEST OF RALPH SHEETS, OWNER, FOR AN
AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID
CITY FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
MOBILE HOME DISTRICT (MH) ON THE FOLLOWING DESCRIBED PROPERTY BEING
0.413 ACRES IN LOT 9, SECTION 14, H.T. & B.R.R. CO. SURVEY, A-509, THE
NORTHEAST 1/4OFTHE SOUTHWEST 1/4, AS RECORDED IN THE DEED RECORDS
OF BRAZORIA COUNTY, TEXAS (16.143 AUBRELL). Mr. Gene Tumlinson, Director of
Community Development and Services.
Councilmember Wilkins made the motion, seconded by Councilmember Tetens, to accept
the recommendation of the Planning and Zoning Commission to deny Application No.
574.
Mayor. Reid read into the record the Planning & Zoning Commission's recommendation
to deny (Application 574).
In an executive summary given by Director of Community Development & Services Gene
Tumlinson, he stated that this is a zone change request to change from Suburban
Development District (SD) to Mobile Home District: (MH) at 16143 Aubrell. Staff
recommends consideration of request.
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Voting "Aye" Councilmembers Seeger, Wilkins;Berger, Tetens, and Beckman
Voting "No" None.
Motion passed 5 to 0.
COUNCIL ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING
AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 573)
AT THE REQUEST OF RANDY & REGINA SHEETS, FOR AN AMENDMENT TO THE
LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO MOBILE HOME
DISTRICT ON THE FOLLOWING DESCRIBED PROPERTY BEING 0.413 ACRES OF
THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, AS RECORDED IN THE DEED
RECORDS OF BRAZORIA COUNTY, TEXAS (16139 AUBRELL). Mr. Gene Tumlinson,
Director of Community Development and Services.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
accept the recommendation of the Planning and Zoning Commission to deny Application
No. 573.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to deny (Application 573).
In an executive summary given by Director of Community Development & Services Gene
Tumlinson, he stated that this is a zone change request to change from Suburban
Development District (SD) to Mobile Home District (MH) at 16139 Aubrell. Staff
recommends consideration of request.
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 8:30 p.m. to
discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
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Council returned from Executive Session at 9:17 p.m.
1. SECTION 551.074 - PERSONNEL - ANNUAL EVALUATION OF THE CITY
MANAGER. City Council.
NEW BUSINESS (CONTINUED):._,_
COUNCIL ACTION - REGARDING THE ANNUAL EVALUATION OF THE CITY
MANAGER. City Council.
No Council action taken.
ADJOURNMENT
Meeting was adjourned at 9:18 p.m.
ADJOURNMENT
Minutes approved as submitted and/or corrected this the 24th day of Apri 1 2000.
Tom Reid
Mayor
ATTEST:
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