2000-07-24 CITY COUNCIL REGULAR MEETING MINUTES245
r MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON JULY 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
Tom Reid
Mayor Pro -Tem
Klaus Seeger
Councilmember
Helen Beckman
Councilmember
Woody Owens
Councilmember
Larry Marcott
City Manager
Glen Erwin
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Absent: Councilmember Larry Wilkins.
Others in attendance: Deputy City ManagerAlan Mueller; Executive Director P.E.D.C. Mike
Chance; Manager of Administrative Support Tobin Maples; City Engineer John Hargrove;
Grants and Public Affairs Phibi Vassallos; Assistant City Attorney Nghiem Doan; Project
Manager Michael Ross.
The invocation was given by Mike Hogg, and the Pledge of Allegiance was led by Police
Chief J.C. Doyle.
Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Marcott, to
approve the minutes of the July 10, 2000, Joint Public Hearing held at 6:30 p.m. and the
minutes of the July 10, Regular Council Meeting held at 7:30 p.m.
Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
MAYOR'S ACTIVITY REPORT
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Mayor Reid reported that Councilmember Larry Wilkins is working on an emergency pair
of eyeglass lenses for a customer and will be arriving as soon as he is finished cutting the
lens.
Police Chief J.C. Doyle reported that on Tuesday, August 9, between 7:00 p.m. and 9:00
p.m. will be National Night Out. Chief Doyle stated this is a good opportunity to get out and
meet your neighbors.
Mayor Reid presented Habitat for Humanity Board of Director, John Tuffin a Certificate of
Appreciation for the Organization's hard work and to the community. Mr. Tuffin gave a brief
overview of Habitat for Humanity and a few of their projects.
Houston Galveston Area Council Executive Director, Jack Steele, gave a presentation
regarding a recent Air Quality Status Report. He stated that the eight county area that
HGAC serves does not meet the federal Clean Act Standard for ozone. Mr. Steele's
presentation included background of what the problem is, some efforts to deal with the
problem. In closing he reviewed HGAC's concerns about the problems and proposed
solutions by the Texas Natural Resource Conservation Commission and some of the
efforts that are being developed at HGAC.
There was a brief discussion between Mr. Steele and Council regarding air quality.
Mayor Reid reported on July 12 he attended the Adult Reading Board of Directors Meeting
and the PEDC Building Committee Meeting; July 13 he attended a Breakfast for Harris
County Commissioner Jerry Eversole, and attended the Council/PTSD Meeting regarding
Community Issues; July 14 he attended a meeting with the Texas Economic Development
Commission; July 17 he attended the Brazoria County Tax Abatement Committee Meeting,
the PEDC Monthly Board Meeting and the Council Workshop regarding Dixie Farm Road;
July 18 he attended the HGAC Monthly Board of Directors Meeting, meeting with
Friendswood Development regarding the Highway 6 Municipal Utility District and the
meeting to canvass the Park's Bond Election; July 19 he was a speaker at the Exchange
Club and attended the Brazoria County Cities Association Meeting; July 20 he attended the
Gulf Coast Water Authority Monthly Board of Directors Meeting.
COUNCIL ACTIVITY REPORTS
Councilmember Beckman reported that she attended the Economic Development
Corporation Meeting, Keep Pearland Beautiful Board Meeting, Brazoria County Cities
Association Meeting. She reported that on Saturday she participated in Keep Pearland
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Beautiful's annual litter assessment of the City and the surrounding areas. Councilmember
Beckman further stated that it is a pleasure to report how clean the City of Pearland is.
Councilmember Owens reported that he also attended the Brazoria County Cities
Association Meeting. He further reported that he attended the Texas Association of Good
Roads Meeting in Austin and had the opportunity to advise some of the officials of the need
for funding in the Pearland area.
Mayor Pro -Tem Seeger passed on giving his report.
Councilmember Marcott reported the he attended the Brazoria County Cities Association
Meeting and also the PEDC Meeting.
CITY MANAGER'S REPORT
City Manager, Glen Erwin, addressed the litter on John Lizer and stated that he has
recently driven down John Lizer and it is getting out of hand. Mr. Erwin further stated the
majority of litter is being generated from the construction site across the street, and he has
instructed Staff to meet with the contractors and try to control the litter.
CITIZENS
Deborah Flores, 3514 Pine Chase Dr., addressed Council regarding her concerns about
the administration of the Garage Sale permit procedures regarding the placement of
garage sale signs. Ms. Flores recommended that if the City picks up a sign to call the
permit holder and give them an opportunity to move their signs or come to City Hall and
pick the sign up.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-467 - 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 HAIR SALON IN GARAGE ON THE FOLLOWING
PROPERTY, TO -WIT BEING LOTS 33-36, BLOCK 35, PEARLAND TOWNSITE,
Page 3 of 19 - 7/24/2000
BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 81) (2330 N. SAN ANTONIO)
FROM CLASSIFICATION MULTI -FAMILY DWELLING DISTRICT (MF) TO MULTI-
FAMILY DWELLING DISTRICT - SPECIFIC USE (MF -S) AT THE REQUEST OF
GAIL WINDHAM & TOMMY LUTTRELL, 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.
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-468 - 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 1/20F LOT 7, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION,
SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243, BRAZORIA COUNTY, TEXAS
ACCORDING TO THE MAP OF RECORD IN VOLUME 2, PAGE 23, PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 928) (2109
CULLEN BOULEVARD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF RAMON
NAVA DBA SOUTHEAST PALLET, AGENT FOR L & B PROTECTIVE COATING,
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.
C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-469 - 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 5.00
ACRES BEING TRACT 2, SECTION 17 OF H.T. & B.R.R. CO. SURVEY, A-242,
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 921) (MANVEL ROAD @ FITE
ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)
TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF LUCY MARIE WOODS,
AGENT FOR PATRICK WILLIAM GABRIEL, OWNER, PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
Page 4 of 19 - 7/24/2000
249
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. 509-470 - 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 1.377
ACRES OF LAND IN SECTION 20, H.T. & B.R.R. CO. SURVEY, A-506,
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 924) (BROADWAY STREET
@ CULLEN BOULEVARD) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT
THE REQUEST OF JAMILA JOHNSON OF BREWER & ESCALANTE
ASSOCIATES FOR EXXON MOBIL, AGENT FOR WILLIAM J. WISE, 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
Tumfinson, Director of Community Development and Services.
E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-471 - 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 TRACT
10, OUT OF AND PART OF THE COMMERCIAL RESERVE OF BLOCK 17,
SECTION 3, WEST LEA SUBDIVISION, AS RECORDED IN VOLUME 12, PAGE
23, BRAZORIA COUNTY PLAT RECORDS, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 925) (4109 MANVEL ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS
DISTRICT (GB) AT THE.REQUEST OF HOUSTON BUSINESS INVESTMENT,
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 TOTHE SUBJECT.
Mr. Gene Tumlinson, Director of Community Development and Services.
F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-472 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE
Page 5 of 19 - 7/24/2000
2$0
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 LOTS
168F, 168F1, 168H, 169,169P, AND 169P-1, H.T. & B.R.R. CO. SURVEY, A-308,
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 923) (3422 &3502 WARREN
ROAD & 4201,4205, 4209, 4213, 4217, 4225 & 4229 WELLS DRIVE) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO MOBILE
HOME DISTRICT (MH) AT THE REQUEST OF KENNETH & BONNIE KAMPF,
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.
G. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-477 - 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 SPECI FIC
USE PERMIT FOR A CHURCH ON THE FOLLOWING PROPERTY, TO -WIT
BEING A 5 ACRE TRACT BEING THE EAST 1/20F LOT 19, ALLISON RICHEY
GULF COAST HOME COMPANY'S SUBURBAN GARDENS SUBDIVISION OF
SECTION 80, H.T. & B.R.R. CO. SURVEY, A-564, ACCORDING TO THE MAP OR
PLAT RECORDED IN VOLUME 2, PAGE 98, PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 926 & SPECIFIC USE NO. 82)
(BROADWAY STREET BETWEEN KIRBY ROAD & CR 48) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT - SPECIFIC USE (R1 -S) AT THE REQUEST OF
KEITH ANDERSON, AGENT FOR WEEMS & COMPANY, INC. FOR F.
CARRINGTON WEEMS II, ALEXANDRA L. WEEMS, F. CARRINGTON WEEMS
III, & MATHILDE S. WEEMS, 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.
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Seeger, to adopt
the Consent Agenda Items A through G, on their second and final reading.
Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott.
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r— Voting "No"
251
Motion Passed 4 to 0, with Councilmember Wilkins absent.
MATTERS REMOVED FROM CONSENT AGENDA None.
NEW BUSINESS
COUNCIL ACTION - RESOLUTION NO. R2000-89 - A RESOLUTION OF THE CITY
COUNCIL OFTHE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO EXECUTE A DEVELOPMENT AGREEMENT WITH LENNAR
HOMES OF TEXAS LAND AND CONSTRUCTION LTD., A TEXAS LIMITED
PARTNERSHIP, DBA FRIENDSWOOD DEVELOPMENT COMPANY ("DEVELOPER"),
RECITING THE RESPONSIBILITIES OF THE CITY AND DEVELOPER ASSOCIATED
WITH THE DEVELOPMENT OF A RESIDENTIAL COMMUNITY IN THE CITY'S
EXTRATERRITORIAL JURISDICTION. Mr. Alan Mueller, Deputy City Manager.
Councilmember Owens made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R2000-89.
City Manager, Glen Erwin, stated that this resolution addresses a new subdivision that
is going in the southern part of the City's ETJ adjacent to Highway 6. Staff has worked for
several months with the Developer and City Council, and this is the fruits of our work.
Councilmember Owens stated that he did not have a problem with the project, but was
concerned that Council had such short notice of the project. He further stated he
appreciated the work that Staff did on this project, but in the future would like to have
more time.
Mayor Reid stated that sometimes the circumstances of the City's rapid growth puts the
squeeze on the time frame.
Councilmember Beckman stated that she appreciates the work that Staff did, and
representing the Council's concerns.
Councilmember Marcott and Deputy City Manager, Alan Mueller, discussed some minor
changes that have been made to the agreement and Councilmember Marcott's concern
regarding the location of signs so they are not obstructed from view and communication
towers.
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252
Voting "Aye" Councilmembers Marcott, Seeger, Owens, and Beckman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
Mayor Reid stated that all of the stop sign ordinances can be considered with one motion
FIRST AND ONLY READING OF ORDINANCE NO. 972 -AN ORDINANCE OFTHE CITY
COUNCILOFTHECITYOF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS WITHIN
THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON SUMMER BREEZE
DRIVE IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH HOOKS ROAD,
UPON SUN VALLEY COURT IN A NORTHERLY DIRECTION AT ITS INTERSECTION
WITH SUMMER BREEZE DRIVE, UPON SUN BEAM COURT IN A NORTHERLY
DIRECTION AT ITS INTERSECTION WITH SUMMER BREEZE DRIVE,
UPON SUNSHADE COURT IN A NORTHERLY DIRECTION AT ITS INTERSECTION
WITH SUMMER BREEZE DRIVE, UPON SUNSHADE COURT IN A SOUTHERLY
DIRECTION AT ITS INTERSECTION WITH SUMMER BREEZE DRIVE,
UPON SUNNYCREEK LANE IN A NORTHERLY DIRECTION AT ITS INTERSECTION
WITH SUMMER BREEZE DRIVE, UPON SUNHILL COURT IN A NORTHERLY
DIRECTION AT ITS INTERSECTION WITH SUMMER BREEZE DRIVE, UPON
SUNNYSIDE LANE IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH
SUMMER BREEZE DRIVE, UPON SUMMER BREEZE DRIVE IN A WESTERLY
DIRECTION AT ITS INTERSECTION WITH MILLER RANCH ROAD, UPON SUNLAKE
LANE IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH HOOKS ROAD
(SUNRISE LAKES, SECTION TWO); 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. Darrin Coker, City Attorney.
FIRST AND ONLY READING OF ORDINANCE NO. 973 -AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS WITHIN
THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON VILLAGE CREEK
DRIVE IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH McLEAN ROAD,
UPON VILLAGE CREEK DRIVE IN A WESTERLY DIRECTION AT ITS INTERSECTION
WITH MUSTANG ROAD, UPON LOCKHART DRIVE IN AN EASTERLY DIRECTION AT
ITS INTERSECTION WITH MUSTANG ROAD, UPON LOCKHART DRIVE IN A
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253
r—' WESTERLY DIRECTION AT ITS INTERSECTION WITH CLEBURNE DRIVE, UPON
CLEBURNE DRIVE IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH
CAPROCK DRIVE (PARK VILLAGE, 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. Darrin Coker, City Attorney.
FIRST AND ONLY READING OF ORDINANCE NO. 974 -AN ORDINANCE OF THE CITY
COUNCILOFTHE CITYOF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS WITHIN
THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON ARWADY VIEW LANE
IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH FITE ROAD, UPON
ARWADY VIEW LANE IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH
RAYLEINE ROAD, UPON SHRINER COURT IN A SOUTHEASTERLY DIRECTION AT
ITS INTERSECTION WITH RAYLEINE DRIVE, UPON NANTUCKET COURT IN A
NORTHWESTERLY DIRECTION AT ITS INTERSECTION WITH RAYLEINE DRIVE,
UPON ALEXANDROS COURT IN A SOUTHERLY DIRECTION AT ITS INTERSECTION
WITH RAYLEINE DRIVE, UPON PRINCESS BAY COURT IN A NORTHERLY
DIRECTION AT ITS INTERSECTION WITH RAYLEINE DRIVE, UPON PRINCESS BAY
COURT IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH RAYLEINE
DRIVE, UPON RAYLEINE DRIVE IN A W ESTERLY DIRECTION AT ITS INTERSECTION
WITH BRUNO WAY, UPON CONSULAR COURT IN A NORTHEASTERLY DIRECTION
AT ITS INTERSECTION WITH BRUNO WAY, UPON BAGNOLI ROSE LANE IN A
NORTHERLY DIRECTION AT ITS INTERSECTION WITH ORCHARD VIEW LANE,
UPON BAGNOLI ROSE LANE IN A SOUTHERLY DIRECTION AT ITS INTERSECTION
WITH ORCHARD VIEW LANE (VILLAGE OF EDGEWATER ESTATES, SECTION 5,
PHASE 2); 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. Darrin Coker, City Attorney. -
FIRST AND ONLY READING OF ORDINANCE NO. 975 -AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS WITHIN
THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON TEXAS AVENUE IN A
SOUTHERLY DIRECTION AT ITS INTERSECTION WITH WALNUT STREET,
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UPON WASHINGTON AVENUE INA SOUTHERLY DIRECTION ATITS INTERSECTION
WITH WALNUT STREET, UPON SAN ANTONIO AVENUE IN A SOUTHERLY
DIRECTION AT ITS INTERSECTION WITH WALNUT STREET, UPON PEARLAND
AVENUE IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH WALNUT
STREET, UPON AUSTIN AVENUE IN ` A SOUTHERLY DIRECTION AT ITS
INTERSECTION WITH WALNUT STREET, UPON WALNUT STREET IN A WESTERLY
DIRECTION AT ITS INTERSECTION WITH VETERANS DRIVE, UPON WALNUT
STREET IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH VETERANS
DRIVE, UPON SACRAMENTO AVENUE IN A SOUTHERLY DIRECTION AT ITS
INTERSECTION WITH WALNUT STREET, UPON VETERANS DRIVE IN A NORTHERLY
DIRECTION AT ITS INTERSECTION WITH WALNUT STREET (OLD TOWN SITE);
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. Darrin Coker, City Attorney.
Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Marcott, to
approve Ordinance Nos. 972, 973, 974, and 975 on their first and only reading.
City Manager, Glen Erwin, stated that these ordinances are recommendations by the
engineering department and reviewed by the police department.
Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
FIRST READING OF ORDINANCE NO. 976 - AN ORDINANCE OFTHE CITY COUNCIL
OF PEARLAND, TEXAS, ESTABLISHING THE MUNICIPAL COURT IN PEARLAND,
TEXAS, AS A MUNICIPAL COURT OF RECORD, PROVIDING FOR THE TERM AND
APPOINTMENT OF A JUDGE OF THE MUNICIPAL COURT OF RECORD;
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPOINT A MUNICIPAL
COURT CLERK; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALLORDINANCES; PROVIDING ASAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND
A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE. Mr. Nghiem Doan, Assistant City Attorney.
Page 10 of 19 - 7/24/2000
255
r— Councilmember Marcott made the motion, seconded by Councilmember Beckman, to
approve Ordinance No. 976 on its first reading.
City Manager, Glen Erwin, stated this matter has been discussed at length with Staff. It
will be a good move for the Municipal Court. This will add integrity to the court system and
will bean economic benefit to the City that we are currently losing.
Mayor Reid stated that he had visited with the Judge and there are several procedures
that need to be implemented and it will take a little time to become a court of record.
Voting "Aye" Councilmembers Marcott, Seeger, Owens, and Beckman.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Wilkins absent.
FIRST READING OF ORDINANCE NO. 978 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF A
BUILDING INTO THE CITY'S RIGHT-OF-WAY LOCATED AT 8101 FITE ROAD IN THE
CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS. Mr. Darrin Coker, City Attorney.
Councilmember Beckman made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 978 on its first reading.
City Manager, Glen Erwin, stated that this addressing some issues that could happen with
the widening of Fite Road. There is an existing building that is in the right-of-way now and
the owner is seeking a wavier of encroachment.
Councilmember Marcott asked if this happens how much of the building will be cut off?
City Attorney, Darrin Coker, stated approximately four feet.
Councilmember Owens asked if there is any way of boring under the building?
Project Manager, Michael Ross, stated that at this point we do not anticipate that there
will be any impact on the building. The building owner wanted assurance that the building
is encroaching on the right of way and understanding that fair compensation is due if it
was an impact on the building due to future road construction.
Mayor Pro -Tem Seeger asked if the owner of the building agrees with the ordinance?
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Project Manager, Michael Ross, stated that the owner is in the audience and agrees with
the terms of the ordinance.
Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Wilkins absent.
FIRST AND ONLY READING OF ORDINANCE NO. 669-2 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ARTICLE Il, RIGHT-
OF-WAY MANAGEMENT, OF CHAPTER 26, RIGHTS-OF-WAY, OF THE
CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME
TO TIME, AMENDED; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR
CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE; AND DECLARING AN
EMERGENCY AS THE NEED TO REGULATE THE CITY'S RIGHTS-OF-WAY INURES
TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE
HEALTH, SAFETYAND WELFARE OFTHE CITIZENRY. Mr. Darrin Coker, City Attorney.
Councilmember Owens made the motion, seconded by Councilmember Beckman, to
approve Ordinance No. 669-2 on its first and only reading.
City Manager, Glen Erwin, stated that earlier this year Council adopted a right-of-way
ordinance. These ordinances are precipitated by the deregulation of utilities that the
legislature is entering into, which will take away the franchise agreements the City
currently have with the various utilities. In the absence of these franchises, we have to
have some way of regulating the use of the City's right-of-way.
City Attorney, Darrin Coker, briefly recapped the amendments from the ordinance
previously adopted.
Additional lengthy discussion ensued between Council and Staff regarding the
amendments.
Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
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r—
COUNCIL ACTION -REGARDING THE MAGNOLIA OVERPASS AND THE SELECTION
OF NUMBER OF LANES FOR THE OVERPASS. Mr. Alan Mueller, Deputy City Manager.
Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Seeger, to
proceed with a four lanes for the Magnolia Overpass.
City Manager, Glen Erwin, stated this is the item that was discussed at the Workshop
prior to this Council Meeting.
Councilmember Marcott asked if Option No. 2 was selected could the excess money be
used to work over to Veterans?
Deputy City Manager, Alan Mueller, stated that the $1 million would be local money with
no restrictions on it to be used on this project or some other project.
Discussion ensued between Deputy City Manager, Alan Mueller, and Council regarding
the number of lanes for this project.
Councilmember Beckman stated that we should do the four lanes for the overpass. Have
it done that far and the City can concentrate how we get from that point further west.
Councilmember Marcott and Deputy City Manager, Alan Mueller, also discussed options
r^ available for improving the intersection to allow for school buses.
Councilmember Owens suggested that TxDot be asked if they would consider
participating on anything from the overpass more westerly on down.
Deputy City Manager, Alan Mueller, stated that TxDot could be asked.
Councilmember Marcott stated that mobility is a problem. The City needs east/west and
north/south, and this will provide a good east/west and need to move forward on it.
Voting "Aye Councilmembers Beckman, Owens, Seeger, and Marcott.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
COUNCIL ACTION - EXCUSE ABSENCE OF COUNCILMEMBER HELEN BECKMAN
FROM THE REGULAR COUNCIL MEETING HELD ON JULY 10, 2000. City Council.
Page 13 of 19 - 7/24/2000
r
Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Seeger, to
excuse the absence of Councilmember Helen Beckman from the Regular Council
Meeting held on July 10, 2000.
Voting "Aye" Councilmembers Marcott, Seeger, and Owens.
Voting "Abstain" Councilmember Beckman.
Voting "No" None.
Motion Passed 3 to 0, with Councilmember Beckman abstaining and Councilmember
Wilkins absent.
COUNCIL ACTION - EXCUSE ABSENCE OF COUNCILMEMBER WOODY OWENS
FROM THE REGULAR COUNCIL MEETING HELD ON JULY 10, 2000. City Council.
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Seeger, to
excuse the absence of Councilmember Woody Owens from the Regular Council Meeting
held on July 10, 2000.
Voting "Aye" Councilmembers Beckman, Seeger, and Marcott.
Voting "No" None.
Voting "Abstain" Councilmember Owens.
Motion Passed 3 to 0, with Councilmember Owens abstaining and Councilmember
Wilkins absent.
COUNCIL ACTION - REGARDING THE NOMINATION OF THE MAYOR TO
REPRESENT REGION 14ON THE BENEFITS BOARD OF DIRECTORS OF THE TEXAS
MUNICIPAL LEAGUE INTERGOVERNMENTAL EMPLOYEES BENEFIT POOL. Mayor
Reid.
Councilmember Owens made the motion, seconded by Councilmember Beckman, to
nominate the Mayor to represent Region 14 on the Benefits Board of Directors of the
Texas Municipal League Intergovernmental Employees Benefit Pool.
Mayor Reid gave a brief overview of his service on Employees Benefit Pool Board and
desire to run for reelection again to serve on the board.
Page 14 of 19 - 7/24/2000
259
r--^ Voting "Aye" Councilmembers Marcott, Seeger, Owens, and Beckman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
FIRST READING OF ORDINANCE NO. 509-478 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY AND GRANTING A SPECIFIC USE PERMIT FOR A
CHURCH ON THE FOLLOWING PROPERTY, TO -WIT BEING 22.0658 ACRES, MORE
OR LESS, OUT OF SECTION 17, H.T. & B.R.R. CO. SURVEY, A-242, AS RECORDED
IN VOLUME 86344, PAGE 911 AND COUNTY CLERK'S FILE NO. 96-002281 OFFICIAL
RECORDS, BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 84) (2800 FM 1128)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SUBURBAN
DEVELOPMENT DISTRICT - SPECIFIC USE (SD -S) AT THE REQUEST OF PASTOR
TIM LISTON, 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.
r^ Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Beckman, to
approve Ordinance No. 509-478 (Specific Use No. 84) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Specific Use No. 84.
Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
FIRST READING OF ORDINANCE NO. 509-479 -` 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
MACHINING, FABRICATION, AND MANUFACTURING PLASTICS, RUBBER AND
Page 15 of 19 - 7/24/2000
4260
METAL PRODUCTS ON THE ON THE FOLLOWING PROPERTY, TO -WIT BEING LOT
1 A-6, H.T. & B.R.R. CO. SURVEY, A-242, BRAZORIA COUNTY, TEXAS (APPLICATION
NO. 930 & SPECIFIC USE NO. 86) (8101 FITE ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT -SPECIFIC
USE (C -S) AT THE REQUEST OF BLAINE BARKER II ABA, BARKER DEVELOPMENT,
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 Marcott made the motion, seconded by Councilmember Beckman, to
approve Ordinance No. 509-479 (Application No. 930 & Specific Use No. 86) on its first
reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 930 & Specific Use No. 86.
Councilmember Marcott stated that this ordinance and the next ordinance to be
considered both talk about machining, fabrication, manufacturing of plastics and rubber.
He said he thought the second ordinance just dealt with storage, and asked if both
ordinances are the same?
Manager of Administrative Support, Tobin Maples, stated that both of these zoning
ordinances are adjacent pieces of property and they are both going to be utilized for both
purposes.
Voting "Aye" Councilmembers Marcott, Seeger, Owens, and Beckman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
FIRST READING OF ORDINANCE NO. 509-480 - 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
MACHINING, FABRICATION, AND MANUFACTURING PLASTICS, RUBBER AND
METAL PRODUCTS ON THE ON THE FOLLOWING PROPERTY, TO -WIT BEING LOT
1A, H.T. & B.R.R. CO. SURVEY, A-242, BRAZORIA COUNTY, TEXAS (APPLICATION
Page 16 of 19 - 7/24/2000
261
r— NO. 931 & SPECIFIC USE NO. 87) (8101 FITE ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT -SPECIFIC
USE (C -S) AT THE REQUEST OF BLAINE BARKER 11 ABA, BARKER DEVELOPMENT,
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 Councilmember Marcott, to
approve Ordinance No. 509-480 (Application No. 931 & Specific Use No. 87) on its first
reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 931 & Specific Use No. 87.
Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
FIRST READING OF ORDINANCE NO. 509-481 - AN ORDINANCE OF THE CITY
r-^ 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 SITUATED IN LOT 80 OF
FIGLAND ORCHARD SUBDIVISION, SECTION 13, H.T. & B.R.R. CO. SURVEY, A-240,
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 933) (2834 WAGONTRAIL) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL
BUSINESS DISTRICT (GB) ATTHE REQUEST OF PEARLAND ELKS LODGE, OWNER,
PROVIDING FOR AN AMENDMENT OFTHE LAND USE DISTRICT MAP; CONTAINING
A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT. Mr. Gene Tumlinson, Directorof Community
Development and Services.
Councilmember Owens made the motion, seconded by Councilmember Beckman, to
approve Ordinance No. 509-481 (Application No. 933) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 933.
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262
Councilmember Marcott asked if this is a typical zoning for a Elks Club or Lions Club or
similar types of organizations?
Manager of Administrative Support, Tobin Maples, stated that this type of zoning is for
public or semi-public uses.
Voting "Aye" Councilmembers Marcott, Seeger, Owens, and Beckman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
FIRST READING OF ORDINANCE NO. 509-482 - 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 1.00 ACRE TRACT OF LAND OUT
OF LOT 41, SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243, BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 927) (HUGHES RANCH ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-1) AT
THE REQUEST OF DEBBIE CORSON, 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.
Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 509-482 (Application No. 927) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 927.
Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
Page 18 of 19 - 7/24/2000
. 26.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:13 p.m. to
discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 - CONSULTING WITH CITY ATTORNEY
REGARDING POTENTIAL LITIGATION - REGARDING THE CITY'S
DETENTION FACILITIES. Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 10:23 p.m.
COUNCIL ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING THE
CITY'S DETENTION FACILITIES. Mr. Darrin Coker, City Attorney.
No Council action taken.
Meeting was adjourned at 10:24 p.m.
r
ADJOURNMENT
Minutes approved as submitted and/or corrected this the le
day of August, 2000.
M
Tom Reid
Mayor
ATTEST:
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