2001-06-11 CITY COUNCIL REGULAR MEETING MINUTES241
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON JUNE 11, 2001, AT 7:30 P.M., IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
The meeting was called to order with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Larry Marcott
Richard Tetens
Woody Owens
Klaus Seeger
Larry Wilkins
Bill Eisen
Darrin Coker
Young Lorfing
Others in attendance: Manager of Administrative Support Tobin Maples; Police Chief J.C.
Doyle; City Engineer John Hargrove; Community Relations Liaison Phibi Vassallo; Parks
and Recreation Director Ed Hersh; Public Works Director Jerry Burns; Assistant City
Attorney Nghiem Doan; Fire Chief Paul Jamison; Executive Director of P.E.D.C. Mike
Chance; Director of Finance Jim Causey; Assistant Police Chief Johnny Spires; Grants
Coordinator Chris Kidwell; EMS Office Coordinator Tracy Spires; Deputy City Secretary
Melinda K. Welsh.
The invocation was given by Mayor Reid and the Pledge of Allegiance was led by Police
Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT:
Mayor Reid commended the City of Pearland Staff, specifically Pearland Fire Department,
EMS, Police Department, Animal Shelter, Emergency Management Section, Parks and
Recreation Director Ed Hersh, City Manager Bill Eisen and other staff members who put
in long hours and worked diligently during the recent floods that plagued the City of
Pearland, which were a result of Tropical Storm Allison.
Mayor Reid informed that Congressman Tom Delay visited the City of Pearland to inspect
the flood damaged areas. He stated Congressman Delay assured that he would do what
he could to speak to the Corps of Engineers about cleaning up Clear Creek so the potential
for flooding would be lessened.
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Mayor Reid stated on May 15, 2001, he attended an HGAC Board Meeting, Insurance Risk
Pool Regional Briefing and Moody Bank Open House; May 16 he attended the Chamber
Honor Luncheon; May 17 he attended meetings of Chamber Leadership Council, Gulf
Coast Water Authority Board and a presentation to the Republican Club; May 18 he
attended the Transportation Policy Council Board Meeting and Police Department Awards
Banquet; May 20-23 he attended the Las Vegas Conference of Shopping Centers; May 24
the Mayor attended a Ribbon Cutting for C.J. Harris Park; May 25 he attended the
Chamber Thank You Luncheon; May 28 he spoke to the VFW to honor Memorial Day; May
29 he attended a meeting with Memorial Hospital Management; May 30 he attended a
Salute to Industry Meeting and Brazoria Drainage #4 Awards Luncheon; May 31 he
attended a videotaping of television station Channel 13's Brazoria County Update; June
1 the Mayor attended an Iowa Colony E.T.J. Meeting and then a luncheon for Dr. Ganther,
Disciples of First Baptist Church; June 4 he attended a Council Workshop to discuss a
Bond Issue; June 5 he attended the Brazoria County Partnership Luncheon on Space Port;
June 6 he attended a TML Risk Pool Meeting in Austin; June 8 he attended a Chamber
Breakfast; June 8-10 Tropical Storm Allison.
COUNCIL ACTIVITY REPORTS:
No Council reports were given.
CITY MANAGER'S REPORT:
City Manager, Bill Eisen, acknowledged and thanked the Emergency Management
Department, and specifically Emergency Management Coordinator Larry Steed and EMS
Office Coordinator Tracy Spires, who worked a tremendous number of hours and did an
excellent job coordinating the necessary duties to assist citizens with Tropical Storm
Allison. Mr. Eisen also commended Police Chief J.C. Doyle and the Pearland Police
Department, Volunteer Fire Department, Volunteer EMS workers, Public Works
Department, particularly Streets, Water and Sewer Departments, Animal Control, Parks
and Recreation and the Red Cross for their hard work and dedication during Tropical Storm
Allison and subsequent flooding.
Mr. Eisen stated the Summer Outdoor Concert, scheduled for Tuesday, June 12, was
canceled due to the rain and flooding situation.
CITIZENS:
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Tim Waddell, 1502 Pine Forest Drive, addressed Council and stated he called the
Pearland Police Department in the early morning hours of Saturday, June 9, to report his
concern about neighbors possibly being in danger from the flood waters since their homes
had flooded earlier in the week. He stated Pearland Police came out immediately to check
on his neighbors and made sure everyone was okay before they left. He stated he would
like to thank other City of Pearland departments who took part in ensuring the safety of
citizens in his neighborhood.
Mr. Waddell stated he was at this meeting to present 33 digital pictures and documentation
to Council and the Mayor for review. He stated his concern was the flooding problem in
Pine Hollow Subdivision, which is a relatively new subdivision, and the water not being able
to egress from his neighborhood. The north end of his neighborhood flooded twice. There
were 8 houses in Pine Hollow that got water in them. Saturday morning he spoke to a
neighbor whose house flooded Tuesday, June 5, and the neighbor reported he had just
gotten new carpet laid that day and due to the rains occurring had a foot of water in his
house again. Mr. Waddell stated he feels that something should be done to ease the
flooding potential in the north area of his neighborhood. Mary's Creek overflow was in Pine
Hollow Subdivision's retention pond and felt that was not the purpose of the retention pond.
He further stated he was concerned about a "hump" in the road, on the north end of his
neighborhood, that would not allow water to flow over and drain adequately. He added
when he brought the flooding concern to the City three years ago he was assured by
Pearland's City Engineer that the road would carry the excess water and further added
when a "hump" in the road was put in place this did not happen. There is an additional
retention ditch on the south side of the neighborhood that was empty during the flooding.
He concluded by stating there should be a moratorium on issuing building permits in Pine
Hollow Subdivision until a Commission can be formed to study the drainage problem.
Mark Sprouse, 5604 Woodville, addressed Council and stated he lives in South Corrigan
and approximately 25-30 homes in his neighborhood flooded Tuesday and then Friday as
a result of torrential rains during Tropical Storm Allison. He stated the retention ponds
downstream of his neighborhood were empty until approximately 10:00 a.m. Wednesday
morning when they filled up due to the County clearing debris upstream that was backing
up the retention pond in the first place. He stated by this time he already had 6 inches of
water in his home. He stated since the County cleaned up the debris upstream of his
home and the water was able to flow, he eventually got that water as well. His
neighborhood flooded in 1994, 1997 and twice in 2001. He brought this issue to the City
in 1994 and was told he lived in the County and the County would have to address this
issue. Now that his property has been annexed he feels the City should be responsible for
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taking action concerning drainage problems in South Corrigan Subdivision and the housing
developments upstream whose rain water drains into his neighborhood.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES:
1.
Minutes of the May 14, 2001,
Regular Council Meeting held at 7:00
2.
p. M.
Minutes of the May 14, 2001,
Regular Council Meeting held at 7:30
3.
p. M.
Minutes of the May 8, 2001,
Special Council Meeting held at 6:30
p.m.
4.
Minutes of the May 21, 2001,
Public Hearing held at 6:00 p.m.
5.
Minutes of the May 21, 2001, Joint Public Hearings held at 6:30 p.m.
6.
Minutes of the June 5, 2001,
Special Council Meeting held at 6:30
p.m.
B. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF
AUDUBON PLACE SECTION TWO. Mr. John Hargrove, City Engineer.
C. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF
THE LANDING AT GREEN TEE. Mr. John Hargrove, City Engineer.
D. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-72 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING BID NO. 2000-059 FOR THE PURCHASE OF A PICKUP TRUCK
AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO
A CONTRACT FOR SAID PURCHASE. Mr. Gordon Island, Purchasing Officer.
E. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-74 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING THE AUTHORIZED REPRESENTATIVES TO THE TEXAS LOCAL
GOVERNMENT INVESTMENT POOL. Mr. Jim Causey, Director of Finance.
F. CONSIDERATION AND POSSIBLE ACTION - APPOINTMENT OF BRAZORIA
COUNTY TAX ASSESSOR -COLLECTOR (RO'VIN GARRETT) TO CALCULATE
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AND PUBLISH THE EFFECTIVE TAX RATE AND ROLLBACK TAX RATE FOR
2001. Mr. Jim Causey, Director of Finance.
G. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-76 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
NAMING THE CITY PARK IN THE PINE HOLLOW SUBDIVISION "PINE HOLLOW
PARK" Mr. Ed Hersh, Parks and Recreation Director.
Councilmember Tetens made the motion, seconded by Councilmember Owens, to adopt
Consent Agenda Items A through G as presented on the Consent Agenda.
Councilmember Owens stated he had a question concerning Consent Item C, being
acceptance of Subdivision Landing at Green Tee, and if the responsibility to maintain the
retention basin in the subdivision would be up to the developer, Homeowners Association
or the 11 homeowners.
City Engineer John Hargrove stated the plat requires maintenance responsibility be the
owner of the land, unless transferred to the homeowner's association.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA: None
NEW BUSINESS:
COUNCIL ACTION - RESOLUTION NO. R2001-71 - A RESOLUTION OF THE CITY
COUNCIL OFTHE CITYOF PEARLAND, TEXAS, APPROVING THE SUBMITTALOFAN
APPLICATION TO THE TEXAS DEPARTMENT OF TRANSPORTATION STATEWIDE
TRANSPORTATION ENHANCEMENT PROGRAM FOR A PROJECT NOMINATION
PROVIDED BY THE TRANSPORTATION EQUITY ACT FOR THE 21 ST CENTURY. Mr.
Chris Kidwell, Grants Coordinator.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Marcott, to
approve Resolution No. R2001-71.
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City Manager, Bill Eisen, stated this is a resolution which includes 3 separate projects and
one grant application which would allow the City to submit a grant application to include
sidewalks, landscaping and lighting for State Highway 35, sidewalks and landscaping for
Dixie Farm Road and a trail system in Pine Hollow Subdivision. The STEP program offers
80% funding for selected projects with a -local match of 20%.
Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2001-77 - 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 TEXAS PARKS AND
WILDLIFE DEPARTMENT FOR A RECREATIONAL TRAILS GRANT AND EXECUTE
ANY AGREEMENTS NECESSARY TO RECEIVE SAID GRANT; AND ALLOCATING
MATCHING FUNDS FROM THE CITY OF PEARLAND AS REQUIRED. Mr. Ed Hersh,
Parks and Recreation Director.
Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Wilkins, to
approve Resolution No. R2001-77.
City Manager, Bill Eisen, stated his previous comments covered this resolution as well.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger,
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2001-73 - 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 C. L. DAVIS & COMPANY,
FOR PREPARATION OF LEGAL DESCRIPTIONS FOR PROPOSED ANNEXATIONS.
Mr. Alan Mueller, Deputy City Manager.
Councilmember Wilkins made the motion, seconded by Councilmember Seeger, to
approve Resolution No. R2001-73.
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City Manager, Bill Eisen, stated in September of 2000 there were six areas in which City
Council directed Staff to prepare an annexation service plan so these areas could be
considered for annexation. Due to staffing changes in the City, which occurred shortly after
the first discussion, it was decided to put this issue on the back burner. The City is now
ready to move forward and bring this issue before Council again. The first step is to
prepare_a legal description for the area and this resolution is to enter into a contract with
C.L. Davis & Company to prepare those legal descriptions necessary for the areas
proposed for annexation. After the City completes gathering the necessary information for
the proposed annexation, and if the City chooses to move forward with the annexation
plan, it should be completed by the end of 2001.
Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2001-75 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO ENTER INTO A LAND BANK AGREEMENT WITH AMVEST
PROPERTIES, INC. ("AMVEST") FOR CONVEYANCE TO THE CITY BY AMVEST OF
FEE SIMPLE INTEREST IN CERTAIN PROPERTIES FOR USE AS PARKLAND TO
EASE THE BURDEN ON EXISTING PARK FACILITIES CAUSED BY FUTURE
DEVELOPMENTS. Mr. Ed Hersh, Parks and Recreation Director.
Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to table
Resolution No. R2001-75.
Mayor Reid stated the suggestion of the City Attorney, Darrin Coker, was to table this item
for further review.
City Attorney, Darrin Coker, stated it would be preferable for the Legal Department to
engage in more negotiations with the developer for this proposed agreement and stated
he would like to respectfully request Council table this item for a future agenda.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
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248
COUNCIL ACTION - REMOVE FROM TABLE RESOLUTION NO. R2001-68. _ City
Council.
Council member Tetens made the motion, seconded by Councilmember Owens, to remove
the table Resolution No. R2001-68.
Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2001-68 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO ENTER INTO AN AGREEMENT WITH PUBLIC SAFETY
CONSULTING FOR THE PREPARATION OF A FIRE DEPARTMENT STAFFING
ANALYSIS. Mr. Bill Eisen, City Manager, and Mr. Larry Steed, Fire Marshal.
Councilmember Tetens made the motion, seconded by Councilmember Wilkins, to table
Resolution No. R2001-68.
City Manager, Bill Eisen, stated this item had been on a previous agenda where it was
tabled until the current meeting. He requested Council table this matter again until he has
the opportunity to review in more detail the recently acquired documents regarding this
issue. He stated there appeared to be some differences of opinion between the two
consultants and would like to sort this information out and get the information back to
Council's hands.
Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 985-3 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING ORDINANCE NO. 985, THE 2000-2001 ANNUAL BUDGET ORDINANCE, BY
AUTHORIZING CERTAIN ADDITIONS IN SPECIAL REVENUE FUNDS FOR MUNICIPAL
PURPOSES; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL
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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 INURES TOTHE BENEFITOFTHE PUBLICAND,THEREFORE, BEARS
DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Bill
Eisen, City Manager.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Marcott, to
approve Ordinance No. 985-3 on its first and only reading.
City Manager, Bill Eisen, stated this proposed budget amendment is the result of
complaints from citizens regarding Dixie Farm and Westfield Road and backup caused by
traffic at a nearby school when school is in session. It was decided to take action now
instead of waiting until the next budget year so they could take immediate action to resolve
the problem by creating turn lanes on this road to relieve traffic backup.
Mayor Pro -Tem Marcott stated he would like to know if this turn lane is not completed by
the time school begins could the City put a sign saying no left turn so as not to create a
bottleneck.
City Manager, Bill Eisen, stated this could be looked at again prior to school reconvening.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger.
Voting "No" None.
Motion passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2001-78 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING A QUITCLAIM DEED
FROM METRO FINANCIAL CORPORATION. Mr. Darrin Coker, City Attorney.
Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2001-78.
City Manager, Bill Eisen, stated this is a resolution which would allow the owners to
subdivide this property.
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City Attorney, Darrin Coker, stated this 3 foot strip extends from FM 518 moving northward
to the bend and the conveyance of the strip would be that whole 3 foot strip along there
which would provide access to this property, which is zoned Residential, on the north side
of the creek in addition to a Southwestern Bell site which would be located in the
northernmost corner.
Mayor Pro -Tem Marcott asked if the City would have control over the width of the driveway
so persons can get in and out without causing traffic problems.
City Attorney, Darrin Coker, stated the driveway would be a residential size entrance with
the exception of the entrance to the Southwestern facility which will be narrower than a
residential drive.
Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid recessed the meeting at 8:20 p.m. for a reception to welcome the newly re-
elected Councilmember Klaus Seeger.
Mayor Reid called the meeting back to order at 8:40 p.m.
OTHER BUSINESS: `J
Council adjourned into Executive Session under Texas Government Code at 8:45 p.m. to
discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 -CONSULTING WITH CITY ATTORNEY: REGARDING
LEGAL MATTERS SUBJECT TO ATTORNEY-CLIENT PRIVILEGE. Mr.
Darnn Coker, City Attorney.
2. SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING THE
SALE, PURCHASE, OR EXCHANGE OF LAND. City Council.
NEW BUSINESS (CONTINUED):
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el—
Council returned from Executive Session at 9:30 p.m.
COUNCIL ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING LEGAL
MATTERS SUBJECT TO ATTORNEY-CLIENT PRIVILEGE. Mr. Darrin Coker, City
Attorney.
No Council action taken.
COUNCIL ACTION - DIRECTION TO STAFF REGARDING THE SALE, PURCHASE, OR
EXCHANGE OF LAND. City Council.
No Council action taken.
ADJOURNMENT:
Meeting was adjourned at 9:31 p.m.
Minutes approved as submitted and/or corrected this the?5 day of June 2001.
Tom Reid
Mayor
ATTEST:
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