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2001-11-26 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON NOVEMBER 26, 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 Larry Wilkins Klaus Seeger Bill Eisen Darrin Coker Young Lorfing Others in attendance: Deputy City Manager Alan Mueller; Executive Directorof Community Services Tobin Maples; Police Chief J.C. Doyle; City EngineerJohn Hargrove; Community Relations Liaison Phibi Vassallo; Public Works Director Jerry Burns. The invocation was given by Richard Tetens and the Pledge of Allegiance was led by Tobin Maples. MAYOR'S ACTIVITY REPORT Mayor Reid reported on November 13 he attended a Governors City Monument Award Committee Meeting, a Pearland State Bank Chamber Open House and a Recognition Reception for EI Franko Lee; November 14 he attended an Exchange Club Prayer Breakfast, a Junior High East Students with Character Presentation, an Adult Reading Board of Directors Meeting and a Brazoria County Cities Association Meeting; November 15 attended a Chamber Leadership Council Meeting, a ribbon cutting for United Tae Kwon Do, the City Thanksgiving Dinner and a Gulf Coast Water Authority Board of Directors Meeting; November 16 attended a Pearland Community Hospital Committee Meeting; November 18 attended a presentation to Pastor Moore at St. Agnes Church and also attended a Recognition for Reverend Coleman at the True Faith Baptist Church; November 19 attended a Public Hearing and Special Council Meeting; November 20 attended the HGAC Board of Directors Meeting and the Texas Water Utilities Association Meeting; November 23 spoke at the Pearland Oiler Pep Rally. COUNCIL ACTIVITY REPORTS Page 1 of 10 - 11/26/2001 Councilmembers Tetens stated "Go Oilers". Councilmembers Owens stated he understands why the Chamber of Commerce did not want to conflict with the Oiler football game, but was disappointed that the Annual Christmas Parade was canceled. He further stated maybe next year when the City has their tree lighting ceremony the City could accommodate the Chamber of Commerce by having the parade at the same time. He expressed his appreciation to the Mayor for all the hard work he does for the City and for his involvement with organizations and boards in the community, which benefit the City. Mayor Pro -Tem Marcott stated he would like to remind everyone of the upcoming tree lighting ceremony as well as the Oiler football game. He further stated "Go Oilers" and would like to commend the Houston Chronicle for its coverage of the Oilers and their games. Councilmember Wilkins stated he attended the Pearland State Bank Mixer. He further stated he would like to commend the local press and the Houston Chronicle for their coverage of the City of Pearland. Councilmember Seeger passed on giving a report. CITY MANAGER'S REPORT City Manager, Bill Eisen, stated the City of Pearland is a member of the Texas Municipal League. The Texas Municipal League's yearly conference will be this Thursday and Friday with several people from City Council and Staff attending. This will aid in keeping up to date and current on some of the latest developments in city governments. CITIZENS: None DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO.1033 -AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (SOUTH BELT/COUNTY ROAD 48); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH Page 2 of 10 - 11/26/2001 LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. Mr. Tobin Maples, Executive Director of Community Services. B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-544 - 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 DESIGNATING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 139 ACRES OF LAND, MORE OR LESS, BEING GENERALLY LOCATED IN THE R. BLACKBURN SURVEY, A-160 AND THE JAMES HAMILTON OR D. WHITE SURVEY, A-876, HARRIS COUNTY, TEXAS (APPLICATION NO. 1000) (TRACT 1 - BELTWAY 8) AS CLASSIFICATION LIGHT INDUSTRIAL DISTRICT (M-1), 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. Tobin Maples, Executive Director of Community Services. C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 1037 -AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (MASSEY RANCH ROAD/HARKEY ROAD); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. Mr. Tobin Maples, Executive Director of Community Services. D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-545 - 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 DESIGNATING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 832 ACRES OF LAND, MORE OR LESS, BEING GENERALLY LOCATED IN SECTION 32, H. T. & B. R.R. CO. Page 3 of 10 - 11/26/2001 SURVEY OR C.W. GROOS SURVEY, A-525 AND SECTION 31, H. T. & B. R.R. COMPANY SURVEY, A-293, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1004)(TRACT 4 - BAILEY ROAD @ CR 143) AS CLASSIFICATION ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (RE), 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. Tobin Maples, Executive Director of Community Services. E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 1036 -AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (BAILEY ROAD/MANVEL ROAD); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. Mr. Tobin Maples, Executive Director of Community Services. F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 1035 -AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND; TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (FM 521/COUNTY ROAD 92); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. Mr. Tobin Maples, Executive Director of Community Services. G. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-548 -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 DESIGNATING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 411 ACRES, MORE OR LESS, BEING GENERALLY LOCATED IN THE H. T. & B. R.R. COMPANY SURVEY, A - Page 4 of 10 - 11/26/2001 538, BRAZORIA COUNTY, TEXAS(APPLICATION NO. 1001) (TRACT 2 - BROADWAY STREET @ CR 48) AS CLASSIFICATION ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (RE), 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. Tobin Maples, Executive Director of Community Services. H. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 1034 -AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (FM 521/COUNTY ROAD 59); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. Mr. Tobin Maples, Executive Director of Community Services. I. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-549 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OFTHE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF DESIGNATING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 168 ACRES, MORE OR LESS, BEING GENERALLY LOCATED IN THE A. B. LANGERMAN SURVEY, A-555 AND THE H. T. & B. R. R. COMPANY SURVEY, A-538, FORT BEND COUNTY, TEXAS (APPLICATION NO. 1002) (TRACT 2A - BROADWAY STREET @ FM 521) AS CLASSIFICATION LIGHT INDUSTRIAL DISTRICT (M-1), 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. Tobin Maples, Executive Director of Community Services. J. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OFORDINANCE NO. 1038 -AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN Page 5 of 10 - 11/26/2001 SUCH LIMITS AND BOUNDARIES (STATE HIGHWAY 35/COUNTY ROAD 413); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. Mr. Tobin Maples, Executive Director of Community Services. K. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 1031 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 18 OF APPROXIMATELY 20.4791 ACRES OF LAND. Mr. Darrin Coker, City Attorney. MATTERS REMOVED FROM CONSENT AGENDA Councilmember Tetens made the motion, seconded by Councilmember Owens, to adopt Consent Agenda Items A through K, as presented on the Consent Agenda. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS COUNCIL ACTION - REGARDING REGIONAL WATER SUPPLY OPTIONS. Mr. Alan Mueller, Deputy City Manager. Councilmember Owens made the motion, seconded by Councilmember Seeger, to take action regarding regional water supply options. City Manager, Bill Eisen, stated in a recent Council Workshop, information was received regarding options for long-term supply of water, in addition to supplies of water the City currently has in existence that are already planned. Those options came down to either working with Gulf Coast Water Authority or Mid-Brazoria Planning Group. Based upon this discussion, it appeared Council was leaning toward the Gulf Coast Water Authority asa long-term answer to the City's water needs. If this is the correct understanding of Council's desire, Staff would contact the Gulf Coast Water Authority initiating the necessary processes to see how next to proceed. Page 6 of 10 - 11/26/2001 Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2001-170 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA DRAINAGE DISTRICT NO. 4 FOR DEVELOPMENT OF A 7.5 ACRE REGIONAL STORMWATER DETENTION FACILITY. Mr. Alan Mueller, Deputy City Manager. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to approve Resolution No. R2002-170. City Manager, Bill Eisen, stated that Council recently entered into an agreement with Brazoria Drainage District No. 4 to jointly excavate detention facilities at the Southwest Environmental Center facility. This is a similar agreement to that except this is Hickory Slough. The agreement is modeled after the SWEC agreement and would provide the opportunity, with the assistance of others, to develop some detention facilities along Hickory Slough. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - FIRST AND ONLY READING ORDINANCE NO. 1045 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DISCONTINUING AND DISANNEXING CERTAIN TERRITORY FROM THE CITY AND ADJUSTING THE CITY'S BOUNDARIES ACCORDINGLY; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO CLARIFY BOUNDARIES BETWEEN ADJACENT MUNICIPALITIES INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPONTHE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Darrin Coker, City Attorney. Councilmember Wilkins made the motion, seconded by Councilmember Tetens, to table Ordinance No. 1045 on its first and only reading. Page 7 of 10 - 11/26/2001 City Manager, Bill Eisen, stated late this afternoon there was a discussion with representatives of Wal-Mart and Municipal Utility District No. 6. There are issues that are still under discussion between these entities that relate back to the important issue of the City being certain that the development that occurs will be a quality development. As a result, Staff has indicated to Wal-Mart representatives, who are agreeable, that this item be tabled. He stated that this matter should be ready for the next Council Meeting agenda. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - FIRST AND ONLY READING ORDINANCE NO. 1046 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A CERTAIN TWENTY FOOT (20') WIDE ALLEYAND RELATED SEWER LINE LOCATED IN BLOCK 11 OF THE PEARLAND TOWN SITE, WITHIN THE CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 1046 on its first and only reading. City Manager, Bill Eisen, stated this item will accommodate expansion of the First United Methodist Church in Pearland. There will be a sewer line impacted but it will be converted to a private sewer line. Staff recommendation is to go forward with the abandonment, contingent upon the church entering into an agreement with Reliant -Entex for relocation of the gas line. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2001-173 - A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH WALSH SURVEYING, INC. FOR THE SURVEYING SERVICES ASSOCIATED WITH THE PONDS AT THE SOUTHWEST ENVIRONMENTAL CENTER. Mr. John Hargrove, City Engineer. Page 8 of 10 - 11/26/2001 Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Marcott, to approve Resolution No. R2001-173. City Manager, Bill Eisen, stated this item is related to the Southwest Environmental Center Project and is for surveying services to provide the necessary controls for excavation and final grading. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2001-171 - A RESOLUTION OF THE CITY COUNCILOFTHE CITY OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING TIMES AND DATES FOR DECEMBER 2001, DUE TO THE HOLIDAY SEASON. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by CouncilmemberTetens, to approve Resolution No. R2001-171. City Manager, Bill Eisen, stated this item is to reschedule the date for the Regular Council Meeting scheduled for December 24, 2001, which is a holiday. The first Regular Council Meeting, already scheduled for December 10, 2001, will be moved from 7:30 p.m. to 7:00 p.m. The second Regular Council Meeting, which would have been held on December 24, 2001, at 7:30 p.m., will be moved to December 10, 2001, at 7:30 p.m. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 8:46 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE Page 9 of 10 - 11/26/2001 SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY -FOR A DRAINAGE EASEMENT. Mr. Darrin Coker, City Attorney. 2. SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY -FOR PARK PROPERTY. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 8:50 p.m. COUNCIL ACTION - DIRECTION TO STAFF REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY- FOR A DRAINAGE EASEMENT. Mr. Alan Mueller, Deputy City Manager. No Council action taken. COUNCIL ACTION - DIRECTION TO STAFF REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY- FOR PARK PROPERTY. Mr. Darrin Coker, City Attorney. Councilmember Wilkins made the motion, seconded by Councilmember Owens, to authorize Staff to proceed with the purchase of park property. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. ADJOURNMENT: Meeting was adjourned at 8:51 p.m. Minutes approved as submitted and/or corrected this the 14`h day of J ar , 2002. ATTEST: Tom Reid, Mayor o ng Lo C' y C, ret Page 10 of 10 - 11/26/2001