2002-02-11 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON FEBRUARY 11, 2002, 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
Larry Marcott
Councilmember
Woody Owens
Councilmember
Larry Wilkins
Councilmember
Klaus Seeger
City Manager
Bill Eisen
City Attorney
Darrin Coker
Deputy City Secretary
Melinda Welsh
Absent: Councilmember Richard Tetens.
Others in attendance: Deputy City ManagerAlan Mueller; Executive Director of Community
Services Tobin Maples; Police Chief J.C. Doyle; City Engineer John Hargrove; Parks and
Recreation Director Ed Hersh; Public Works Director Jerry Burns; Assistant City Attorney
Nghiem Doan; Purchasing Officer Gordon Island; Project Director Joe Wertz; Grants and
Strategic Planning Coordinator Chris Kidwell.
The invocation was given by Reverend Barnett and the Pledge of Allegiance was led by
J. C. Doyle.
MAYOR'S ACTIVITY REPORT:
Parks and Recreation Director, Ed Hersh, presented an award to Pearland Park
Superintendent Greg Moore from Texas Parks and Recreation Society Region 4 District
for Innovative Management in Maintenance Operation. The award was in recognition for
the education program for City of Pearland's maintenance staff, with Houston Community
College's School of Horticulture.
Mayor Reid reported on January 29 he met with members of the Hindu Temple; January
31 attended the Friends of Scouting Meeting and a retirement party for the City of
Angleton's City Manager, Ruth Hertel; February 1 he and City Manager Bill Eisen met with
Brazoria County Commissioner Jack Harris, and Lawrence Heckathorn with TxDOT
regarding SH 288 property; February 2 attended the Council Retreat and presented a
proclamation to Monsignor Leroy Braden at St. Helens Catholic Church; February 3
Page 1 of 16 - 2/11/2002
attended a recognition of the Oiler Football Team at First Baptist Church in Pearland,
spoke at the Region 16 Meeting at the VFW, and attended the Cub Pack #409 Awards
Banquet as guest speaker; February 4 attended the Pearland District Education
Improvement Committee Meeting, a PEDC Meeting, and a Council Workshop; February
5 attended the AARP Monthly Meeting as a speaker, and attended School Family Career
Night; February 6 spoke at the Grand Opening of Randalls Food Market; February 7
attended the Friends of Scouting Meeting, and the Southeast Economic Development
Corporation Board of Directors Meeting; February 8 attended a Chamber Business
Breakfast; February 10 presented a proclamation for Fellowship Bible Church; February
11 attended a Tri -County School -to -Work Board Meeting.
COUNCIL ACTIVITY REPORTS
Councilmembers Owens, Wilkins, and Seeger passed on giving a report.
Mayor Pro -Tem Marcott stated he attended the Grand Opening at Randalls Food Market;
January 31 attended a retirement party for the City of Angleton's City Manager, Ruth
Hertel; February 3 attended a recognition of the Oiler Football Team at First Baptist Church
in Pearland.
CITY MANAGER'S REPORT
City Manager, Bill Eisen, stated February 1 he and the Mayor met with Brazoria County
Commissioner Jack Harris, and Lawrence Heckathorn with TxDOT. It was recently learned
that TxDOT is selling a piece of right-of-way at the northeast corner of SH 288 and FM 518.
The concern is that this would limit the ability to expand the intersection, which is critical
to Pearland. The State of Texas will begin a major investment study on the SH 288
corridor in the near future. He stated that after having met with Mr. Heckathorn he feels
there is a comfort level now that a sale of the land will not jeopardize the ability to expand
in the future.
In the course of his discussion with Mr. Heckathorn, it was learned that Mr. Heckathorn had
submitted inclusion into the upcoming year's Area Transportation Plan, an overpass at the
future crossing of County Road 101 and SH 288. With the widening of Bailey Road being
part of Pearland's Thoroughfare Plan, this interconnection with County Road 101 will be
important.
He stated that last week he went to the office of the Corp of Engineers and had the
opportunity to meet with representatives of the City of Friendswood, Brazoria County
Drainage District No. 4, and the Clear Creek Drainage District to talk about things that
Page 2 of 16 - 2/11/2002
could be done about Clear Creek on a short-term basis while waiting on permanent
improvements to be made to the Creek. The City received good news in that it can now
do some clearing and other moderate type improvements to try to improve the situation
until the final Corp of Engineers study is completed. It will be necessary for the City to
write a letter describing specifically what they would like to do and the Corp of Engineers
will respond as to whether or not those things can be done or whether there needs to be
some modifications to those plans.
CITIZENS
Charles McMurrey, 5209 Spring Branch Drive, addressed Council and stated the City
continues to grow faster than the ability to manage its growth. The economic growth
engine of the City is in quality residential development. He further stated that Council
needs to let the citizens vote on the recommendations of the Charter Review Commission
regarding single member districts. The City needs to look at the future transportation
needs along SH 288 with possibly a rail line going into Houston.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES:
0—
1. Minutes of the January 21, 2002, Joint Public Hearing held at 6:30
p.m.
2. Minutes of the January 28, 2002, Regular Council Meeting held at
7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-563 - 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 LOTS 25-31, BLOCK 1, PEARLAND TOWNSITE,
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1016) (2246 N.
WASHINGTON) FROM CLASSIFICATION MULTI -FAMILY DWELLING
DISTRICT (MF) TO NEIGHBORHOOD SERVICES DISTRICT (NS) AT THE
REQUEST OF DALE PILLOW, AGENT, FOR ADULT READING CENTER,
INC., OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE
Page 3 of 16 - 2/11/2002
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. 509-564 - 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 .7016 ACRES, BEING LOT 4 OF AN UNRECORDED
SUBDIVISION OF 9.83 ACRES, BEING LOT 20, ALLISON RICHEY GULF
COAST HOMES SUBDIVISION, SECTION 9, H. T. & B. R.R. COMPANY
SURVEY, A-234, BRAZORIA COUNTY, TEXAS (APPLICATION NO.
1011)(1949 MAX ROAD) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-1) AT
THE REQUEST OF PAULETTE BURNS, AGENT FOR CLINTON G.
WHATLEY, 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. Tobin Maples, Executive
Director of Community Services.
D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-565 -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 2.071 ACRES OF LAND, OUT OF LOT 53, ALLISON
RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 9, H. T. & B.
R.R. COMPANY SURVEY, A-234, BRAZORIA COUNTY, TEXAS, AS
RECORDED IN VOLUME 2, PAGE 24, PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 1018)(7010 W. CLIFFSTONE
ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO SINGLE FAMILY DISTRICT (R-1) AT THE REQUEST OF
CLAUDETTE SMIKLE, 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 16 2/11/2002
•--, 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. 509-566 - 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 2.225 ACRES, IN THE H. T. & B. R.R. COMPANY
SURVEY, A-506, BRAZORIA COUNTY, TEXAS (APPLICATION NO.1017)
(HILLHOUSE ROAD)FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY
DISTRICT (RE) AT THE REQUEST OF JORGE AND LISA AGUIRRE,
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. Tobin Maples, Executive Director of Community
Services.
F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
,_- READING OF ORDINANCE NO. 509-546 - 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 774 ACRES OF LAND, MORE OR LESS,
BEING GENERALLY LOCATED IN THE D. H. M. HUNTER SURVEY, A-36
AND THE T. J. GREEN SURVEY, A-290, HARRIS COUNTY, TEXAS
(APPLICATION NO.1006)(TRACT 6 - CLEAR CREEK @ COUNTRY CLUB
DRIVE) 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.
G. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-
26 - A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A GENERAL
Page 5 of 16 - 2/11/2002
ELECTION ON THE FOURTH DAY OF MAY, 2002, FOR THE PURPOSE
OF ELECTING THE MAYOR AND ONE MEMBER OFTHE CITY COUNCIL
IN AND FOR THE CITY OF PEARLAND, TEXAS; ESTABLISHING
POLLING PLACES; NAMING CLERKS; AND ESTABLISHING
PROCEDURES FOR SAID REGULAR CITY OFFICERS' ELECTION.
Mr. Young Lorfing, City Secretary.
H. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-
27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPOINTING PERSONS TO SERVE AT THE
CENTRAL COUNTING STATION, BRAZORIA COUNTY COURTHOUSE,
ANGLETON, TEXAS, FOR THE GENERAL ELECTION TO BE HELD ON
THE FOURTH DAY OF MAY, 2002. Mr. Young Lorfing, City Secretary.
1. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1025-2 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 1025, THE 2001-2002 ANNUAL BUDGET ORDINANCE,
BYAUTHORIZING CERTAIN ADDITIONS IN THE GENERAL FUND, PEDC
FUND AND THE WATER AND SEWER FUND FOR MUNICIPAL
PURPOSES; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
TAKE ALL ACTIONS NECESSARY TO FACILITATE THE CHANGES
IDENTIFIED HEREIN WITHOUT FURTHER APPROVAL OF CITY
COUNCIL; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE,
A REPEALER CLAUSE, AND AN EFFECTIVE DATE; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO ADJUST THE CITY BUDGET
INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS
DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY. Mr. Jim Causey, Director of Finance.
J. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-
25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, COUNTY OF BRAZORIA, AUTHORIZING THE
CITY'S REQUEST FOR PARTICIPATION IN THE TEXAS BUILDING AND
PROCUREMENT COMMISSION COOPERATIVE PURCHASING
PROGRAM. Mr. Gordon Island, Purchasing Officer.
K. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-
23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AWARDING A BID FOR A UNIT PRICE SUPPLY
Page 6 of 16 - 2/11/2002
CONTRACT TO FURNISH STREET STRIPING SERVICES. Mr. Gordon
Island, Purchasing Officer.
L. CONSIDERATION AND POSSIBLE ACTION - RATIFICATION OF THE
CITY MANAGER'S APPOINTMENT OF ONE (1) MEMBER TO THE CIVIL
SERVICE COMMISSION TO FILL AN UNEXPIRED TERM ENDING JUNE
2003. Mr. Bill Eisen, City Manager.
M. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1051 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A
TEMPORARY MORATORIUM ON THE CONSTRUCTION OF OFF-STREET
PARKING IN RESIDENTIALLY ZONED AREAS. Mr. Darrin Coker, City
Attorney.
N. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1052 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A
TEMPORARY MORATORIUM ON OUTSIDE STORAGE IN
COMMERCIALLY ZONED AREAS. Mr. Darrin Coker, City Attorney.
At the request of Mayor Reid, Councilmember Owens asked that Consent Agenda Item F
be removed from the Consent Agenda for further discussion.
Councilmember Owens made the motion, seconded by Councilmember Seeger, to adopt
Consent Agenda Items A through N, with the exception of item F, as presented on the
Consent Agenda.
Voting "Aye" Councilmembers Owens, Marcott, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
MATTERS REMOVED FROM CONSENT AGENDA
As requested by Mayor Reid, Councilmember Owens asked that Consent Agenda Item F
be removed from the Consent Agenda for further discussion.
Page 7 of 16 - 2/11/2002
F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-546 - 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 774
ACRES OF LAND, MORE OR LESS, BEING GENERALLY LOCATED IN THE D.
H. M. HUNTER SURVEY, A-36 AND THE T. J. GREEN SURVEY, A-290, HARRIS
COUNTY, TEXAS (APPLICATION NO. 1006)(TRACT 6 - CLEAR CREEK @
COUNTRY CLUB DRIVE) 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.
Councilmember Owens made the motion, seconded by Councilmember Seeger, to
approve Ordinance No. 509-546 (Application No. 1006) on its second and final reading.
John Santasiero, 4545 Post Oak Place, addressed Council and stated he is with
Riverstone Ranch Land Investors, Ltd., and would like Council to deny the motion to
approve (RE) zoning so further study can be done to come up with a long-term solution for
the land plan of this property. He stated that if Council does approve this item he would
like some direction on what Council would like to see in the future for this area.
City Manager, Bill Eisen, stated the size of this area would be ideally developed if there
were an overall master plan for it. This item was tabled in November 2001 so there would
be an opportunity for property owners in the area to work together to accomplish this. He
stated that Mr. Santasiero has worked with property owners in the area and has some idea
of what they have in mind. He further stated he would also like to see Council give some
direction on what they would like to see in this area for the future.
Voting "Aye" Councilmembers Owens, Marcott, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
Page 8 of 16 - 2/11/2002
NEW BUSINESS
FIRST READING OF ORDINANCE NO. 943 -4 -AN ORDINANCE OFTHE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AMENDING FIGURE 5.1, LAND USE PLAN, OF
THE CITY'S COMPREHENSIVE PLAN AS A GUIDE FOR PRESERVING A SENSE OF
COMMUNITY, ATTRACTIVENESS AND SAFETY IN PEARLAND; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE;
PROVIDING _AN EFFECTIVE DATE AND FOR CODIFICATION. Mr. Tobin Maples,
Executive Director of Community Services.
Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Wilkins, to
approve Ordinance No. 943-4.
City Manager, Bill Eisen, stated this area has been the subject of a number of zoning cases
in the last few months. As a result of the amount of activity, and in the general interest in
seeing this area move to a residential type zoning, City Council has initiated a process to
look at the Land Use Plan and consider amendments to the Plan that would take some
areas of the City to the east of Veterans Road and change those properties on the Land
Use Plan to residential zoning.
Joan Bell, 4013 Cedarwood, addressed Council and stated she is in favor of this area
being zoned residential.
Larry Sutton, 4528 Teal Glen, addressed Council and stated he is in favor of this area
being zoned residential.
Randy Knight, 4007 Cedarwood, addressed Council and stated he is in favor of this area
#eing zoned residential.
Discussion ensued between Council regarding the proposed amendment to the Land Use
Plan.
Voting "Aye" Councilmembers Owens, Wilkins, and Seeger.
Voting "No" Mayor Pro -Tem Marcott.
Motion Passed 3 to 1, with Councilmember Tetens absent.
Page 9 of 16 - 2/11/2002
COUNCIL ACTION -REGARDING PROPOSED CHARTER AMENDMENTS. City Council.
Councilmember Wilkins made the motion, seconded by Councilmember Seeger, to table
this item and to direct Staff to have the Charter Review Commission meet as soon as
possible to make the necessary changes.
Mark McDonough, 2705 West Oaks Boulevard, addressed Council and stated he is
speaking regarding the proposed charter amendment, Section 3, to have City Council
elected by districts. He' stated he is in favor of allowing citizens to vote on what kind of
representation they wish to have.
Meta Kirby, 17020 Berry Road, addressed Council and stated she is in favor of citizens
being given the opportunity to vote on the proposed charter amendments and having a
separate election for these amendments.
City Attorney, Darrin Coker, stated there are 4 proposed amendments that could go to the
voters. Amendment #1 deals with Section 3 of the Charter, which is the single member
district amendment. The way it was designed was after the election was held on the
charter, once they were adopted, the Mayor and one other additional Council seat, an at -
large position, would be elected at the very next election. This provision was put in with
anticipation that the Charter election would occur prior to May 2002. This did not occur
since there were several other elections going on and, consequently, this provision needs
to be altered in order to achieve what the Charter Review Commission originally wanted
to do. If Council wants to have all 4 of these amendments go to the voters in September
he recommends that this item be tabled and to authorize the Charter Review Commission
to reconvene temporarily to make the revision to Section 3 so it can accommodate the
change in timing that has occurred. The charter amendments can be brought back to
Council prior to the September election and it can be decided which, if any, of the
amendments Council chooses to send to the voters.
Lengthy discussion ensued between Council regarding the proposed charter amendments.
Voting "Aye" Councilmembers Owens, Marcott, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION - RESOLUTION NO. R2002-30 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK
Page 10 of 16 - 2/11/2002
,•. AUTHORIZATION #6 FOR ENGINEERING SERVICES ASSOCIATED WITH THE
PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM. Mr. Joe Wertz, Project
Director.
Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to
approve Resolution No. R2002-30.
City Manager, Bill Eisen, stated that the City entered into a contract with Turner, Collie &
Braden, Inc., to provide program management services on the bond program approved by
the voters last year. One of the larger projects in this program is the widening of Bailey
Road. Work Authorization #6, for surveying and right-of-way document preparation, is the
first step in the process.
Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION - REGARDING THE MODIFICATION OF THE BOND PROGRAM
PRIORITIZATION. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to
authorize Staff to get a proposal from Turner, Collie and Braden to add Yost Road and
Barry Rose to the Turner, Collie & Braden's contract.
City Manager, Bill Eisen, stated the issue has been raised regarding modifying the
schedule on a couple of projects, with one being Yost Road and the other being the Barry
Rose project. The current schedule Staff is working from is a schedule that provides for
engineering to be complete on Yost Road in 2004 and construction to begin in
approximately 2006. The Barry Rose project's schedule calls for design to begin in 2008
and for construction to begin in 2009 or 2010. Due to recent discussions on this issue, this
item was placed on the agenda so Staff could get some formal direction from Council on
whether or not to modify the existing schedule.
Terry Gibson, 2008 Pinehill Drive West, addressed Council and stated he lives off Yost
Road and was against opening that road. He further stated since the residents of Yost
Road's quality of life is going to be affected, please do it safely.
Page 11 of 16 - 2/11/2002
Neil West, 2218 Country Club Drive, addressed Council and stated he is in favor of
speeding up the progress to open Yost Road.
Phillip Peevey, 2107 Pinehill Drive East, addressed Council and stated he lives off Yost
Road and sees no need to move the project up. Dixie Farm and Pearland Parkway should
be the first priority.
Tom Pool, 2120 Country Club Drive, addressed Council and stated he would like the City
to begin all the road and drainage projects and to do them as soon as possible since all
projects are equally important.
Lengthy discussion ensued regarding the reprioritization of the bond program projects
between Council.
Voting "Aye" Councilmembers Owens and Marcott.
Voting "No" Councilmembers Wilkins and Seeger.
In order to break the tie vote, Mayor Reid cast his vote.
Voting "Aye" Mayor Reid.
Motion Passed 3 to 2, with Councilmember Tetens absent.
COUNCIL ACTION - RESOLUTION NO. R2002-28 - 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 COBB, FENDLEY &
ASSOCIATES, INC. FOR ACQUISITION SERVICES ASSOCIATED WITH THE WEST
LEA WATER LINE PROJECT. Mr. Joe Wertz, Project Director.
Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2002-28.
City Manager, Bill Eisen, stated the City is in the process of acquiring the West Lea Water
Company, which serves the West Lea subdivision. It is under design for water and sewer
improvements with intention to replace the water system. As a result of the design, it will
be necessary to obtain property inside and outside the subdivision to make connections
into the subdivision. The recommendation is to enter into a contract with Cobb, Fendley
& Associates to assist with right-of-way acquisition.
Page 12 of 16 - 2/11/2002
•-- Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-24 - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS
ASSIGNING THE AUTHORITY TO ISSUE SINGLE FAMILY MORTGAGE REVENUE
BONDS TO BRAZORIA COUNTY AS A SPONSORING POLITICAL SUBDIVISION OF
THE SOUTHEAST TEXAS HOUSING FINANCE CORPORATION. Mr. Darrin Coker, City
Attorney.
Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Marcott, to
approve Resolution No. R2002-24.
City Manager, Bill Eisen, stated that Southeast Texas Housing Finance Corporation
provides housing assistance for first time, single-family home buyers. The Corporation is
also involved in financing and supporting certain multi -family projects throughout their
service area as well. Approving this Resolution would authorize single-family housing
assistance within the community. The recommendation is to add a sentence in the
Resolution that states Council would still observe the right to consider, on a case-by-case
basis, any multi -family projects that might be proposed by Southeast Texas Housing
Finance Corporation.
Voting "Aye" Councilmembers Owens, Marcott, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
CONSIDERATION AND POSSIBLE ACTION - REGARDING A PARADE PERMIT FOR
THE LITTLE LEAGUE. City Council.
Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to table
this item.
City Manager, Bill Eisen, stated the parade has used the same route for a number of years
with part of that route being on FM 518. The volume of traffic on FM 518 creates a
concern regarding part of that route. He stated that this is an important part of the
Page 13 of 16 - 2/11/2002
community and no one wants there to not be a parade. The City would like to meet with
Little League officials to find a route that would possibly not use FM 518.
Police Chief, J.C. Doyle, stated he remembers the parade in years past when FM 518 was
a two-lane, shell shoulder road. Over the years, growth has. become a serious problem for
police officers and civilians that help handle this parade. He supports the parade
continuing but is concerned about the route. He would like to sit down with Little League
officials to see if they can come up with an agreeable route that will meet the goals and
expectations of the Pearland Police Department, citizens, and the Little League. He
recommends tabling this item so an agreement can be worked out on the parade route.
Robin Henry, 1813 Hillhouse, addressed Council and stated he is president of the
Pearland Little League. He reported that there are 900 boys in Little League and 300 girls
in the softball program and all of them participate in the parade, which began in 1975 by
his mother.
Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-31 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AWARDING A BID FOR DEMOLITION SERVICES ASSOCIATED WITH THE FEMA BUY-
OUT PROGRAM. Mr. Gordon Island, Purchasing Officer.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Marcott, to
approve Resolution No. R2002-31.
City Manager, Bill Eisen, stated this is Phase II of a demolition program for 9 houses
purchased by the Cityof Pearland. The low bid was from Basic Industries, Inc. at $56,621,
with 25% of this being local funds and 75% being FEMA funds.
Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
Page 14. of 16 - 2/11/2002
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:27 p.m. to
discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY:
REGARDING POTENTIAL LITIGATION -ASSOCIATED WITH CITY
FACILITIES. Mr. Darrin Coker, City Attorney.
2. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY:
REGARDING POTENTIAL LITIGATION - ASSOCIATED WITH
ACQUISITION OF INVESTOR OWNED UTILITIES. Mr. Darrin
Coker, City Attorney.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 10:02 p.m.
CONSIDERATION AND POSSIBLE ACTION -INSTRUCTION TO THE CITY ATTORNEY
.� REGARDING POTENTIAL LITIGATION - ASSOCIATED WITH FACILITIES. Mr. Darrin
Coker, City Attorney.
Councilmember Wilkins made the motion, seconded by Councilmember Owens, to
authorize Staff to move forward with hiring an expert consultant for consultant services
associated with potential litigation associated with City facilities.
Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
CONSIDERATION AND POSSIBLE ACTION -INSTRUCTION TO THE CITY ATTORNEY
REGARDING POTENTIAL LITIGATION - ASSOCIATED WITH ACQUISITION OF
INVESTOR OWNED UTILITIES. Mr. Darrin Coker, City Attorney.
No Council action taken.
Page 15 of 16 - 2/11/2002
ADJOURNMENT
Meeting was adjourned at 10:04 p.m.
Minutes approved as submitted and/or corrected this the 25th day of February, 2002.
C-�
Tom Reid
Mayor
ATTEST:
Page 16 of 16 - 2/11/2002