2002-04-22 CITY COUNCIL REGULAR MEETING MINUTESMINUTES - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON APRIL 22, 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
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 Director of
Community Services Tobin Maples; Police Chief J.C. Doyle; City Engineer John
Hargrove; Community Relations Liaison Phibi Vassallo; Public Works Director Jerry
Burns; and Project Director Joe Wertz.
The invocation was given by Councilmember Richard Tetens and the Pledge of
Allegiance was led by Police Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid presented a proclamation to the Knights of Columbus Council #8960, who
wished to recognize local law enforcement personnel, proclaiming April 27, 2002, "15th
Annual Crawdad Jamboree Day".
Mayor Reid reported on April 10 he attended a dinner for Commissioner EI Franco Lee;
April 11 attended an Honor Student Luncheon for Pearland High School Seniors, a
meeting with a new business named JNS Co., a ribbon cutting for JNS Co., and a Joint
Workshop with Pearland School Board and City Council; April 12 attended a Chamber
Breakfast, and the Pearland College Workforce Luncheon; April 15 honored French
Mayor, Henri Deligny, attended a District Education Improvement Committee, and
attended a Council Workshop; April 16 attended the HGAC Board of Directors Meeting,
and a meeting of the Gulf Coast Water Authority Planning and Development Committee;
April 17 attended the Tri -County Chambers Luncheon and Annual Meeting, and
attended the monthly meeting of Brazoria County Cities Association; April 18 attended
the Chamber Leadership Council meeting, spoke to St. Helen's School, attended Mayor
of Pasadena, John Manlove, State of the City Luncheon, and attended a business
meeting of VFW Post #7109; April 19 attended the Gulf Coast Water Authority Board of
Directors Meeting, and was a celebrity reader at Challenger Elementary School; April 20
attended the Household Hazardous Materials Collection Day, and Rustic Oaks Carnival;
April 21 attended the First Baptist Church Candidates Forum.
Page 1 of 14 — 4/22/2002
035
dACIL ACTIVITY REPORTS
Councilmember Tetens stated the April 11, 2002, Joint Meeting with the Pearland
School Board was productive; April 17 attended the monthly meeting of Brazoria County
Cities Association; April 18 attended the Chamber Leadership Council meeting. He
further stated he attended the Household Hazardous Materials Collection Day and got
rid of a few items and further expressed his appreciation of Keep Pearland Beautiful and
what a good job they did.
Councilmember Owens stated on April 10 he attended a dinner for Commissioner EI
Franco Lee; April 11 attended an Honor Student Luncheon for the Pearland High
School Seniors, and a Pearland School Board and City Council Joint Workshop; April
12 attended a Chamber Breakfast, and the Pearland College Workforce Luncheon; April
16 attended a Brazoria County Partnership Meeting for a Government Relations
Committee, in which he is a member; April 17 attended the Brazoria County Partnership
Meeting, in which he chairs the Infrastructure Committee that is working on a major
investment study to be done on State Highway 288 and State Highway 35, attended
the Mayor's Prayer Breakfast, the Tri -County Chambers Luncheon, and the monthly
meeting of Brazoria County Cities Association.
Mayor Pro -Tem Marcott stated on April 17 he attended the Tri -County Chambers
Luncheon and the monthly meeting of Brazoria County Cities Association; April 20
attended Household Hazardous Materials Collection Day and lauded Keep Pearland
Beautiful with their hard work with this event. He further stated he attended the
Pearland High School Band's Annual Fundraiser. He expressed his appreciation to
Pearland's Police Department and EMS who showed up quickly at an accident he came
up on.
Councilmember Wilkins stated he attended an ROTC Ball, and the Joint Workshop of
the Pearland School Board and City Council. He further reported he is a member of the
Knights of Columbus and is proud of the work they do and the charities they support.
Councilmember Seeger passed on giving a report since the other Councilmembers had
already covered all the bases.
CITY MANAGER'S REPORT
City Manager, Bill Eisen, reported there is eight more days left of early voting in the
General Election. The deadline for submitting an application for Executive Director of
the Economic Development Corporation has passed and there are several very capable
and experienced applicants to choose from.
CITIZENS
Kathileen Lund, 6929 Meadow Lane, addressed Council and stated she is with the West
Page 2 of 14 — 4/22/2002
Lea Civic Club, and would like to thank City Council and Staff for their efforts in
purchasing the West Lea Water Company. Although the purchase has not been
finalized, she would like to encourage the City to expedite this matter so they can
resolve the West Lea water woes.
Vanessa Abbey, 4009 Wingtail Lane, addressed Council and stated she lives in the
West Lea neighborhood. She further stated she recently learned that negotiations with
the City and the owner of the West Lea Water Company had ceased since the owner of
the Water Company had changed her mind about selling. The water quality has not
improved. The water still smells, is yellow in color, and has a slippery feel to it. She
stated that the current owner of the West Lea Water Company is not responsive to she
and her neighbor's complaints about the water quality and she would like the City to
step up their efforts in purchasing the West Lea Water Company.
Bill Baldy, 3714 Wingtail Lane, addressed Council and stated he lives in the West Lea
neighborhood and is tired of the lack of water quality. He further stated this has been a
long, ongoing problem and would like the City to expedite the purchase of the West Lea
Water Company.
Richard Smith, 7006 Bailey Road, addressed Council and stated he lives in Pearland's
extraterritorial jurisdiction and has a problem with drainage in the ditches on his side of
the road. When he contacted Brazoria County he was told that this ditch was the City's
responsibility and when he contacted the City he was told it was Brazoria County's
responsibility. During Tropical Storm Allison in June 2001, he got water in his house.
Again, in August 2001, he got water inside his house. In a recent rain, it came close to
coming into his house again. He stated he would like the City, or someone, to help
resolve the drainage problem.
Frank White, 16630 Herridge Road, addressed Council and stated he has a problem
with drainage on Bailey Road and FM 1128. He has also had the same problem as the
previous speaker in that Brazoria County has told him this was the City's responsibility.
He further stated he would like someone to help resolve the drainage problem in this
area.
Joseph M. Zvanut, 2905 Yorkshire, addressed Council and stated when the City
annexed the West Lea Subdivision it had a certain time frame in which to enact a
Service Plan for water and sewer. He further stated that the deadline is coming up.
Andy Hemphill, 1420 Hatfield Road, addressed
about the General Election candidates campaign
would like some action by the City on this problem,
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
Council and stated he is concerned
signs being taken down illegally and
Page 3 of 14 — 4/22/2002
03i
038 A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF
MINUTES:
1. Minutes of the April 8, 2002, Regular Council Meeting held at
-7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION
ACCEPTANCE OF SHADOW CREEK RANCH SF -5. Mr. John
Hargrove, City Engineer.
C. CONSIDERATION AND POSSIBLE ' ACTION - SUBDIVISION
ACCEPTANCE OF WEST OAKS VILLAGE SECTION FOUR. Mr.
John Hargrove, City Engineer.
D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 943-6 - AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING FIGURE 5.1(CULLEN ROAD AREA), 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.
E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND
FINAL READING OF ORDINANCE NO. 1026-1 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING CHAPTER 29, ARTICLE XVI,
TRUCK TRAFFIC, OF THE CITY OF PEARLAND CODE OF
ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME
AMENDED, PROVIDING AN EMERGENCY CLAUSE BECAUSE
THE NEED TO REGULATE TRUCK ROUTES INURES TO THE
BENEFIT OF THE TRAVELING PUBLIC; AND, THEREFORE,
BEARS DIRECTLY UPON THE HEALTH SAFETY AND WELFARE
OF THE CITIZENRY, PROVIDING FOR ENFORCEMENT AND
PENALTIES, AND CONTAINING OTHER MATTERS RELATING
TO THE SUBJECT; PROVIDING A PENALTY FOR VIOLATION;
HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE; A
SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION,
PUBLICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City
Attorney.
Page 4 of 14 — 4/22/2002
F. CONSIDERATION AND POSSIBLE ACTION — SECOND AND 039
FINAL READING OF ORDINANCE NO. 1059 — AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING CHAPTER 13, HEALTH AND SANITATION, OF THE
CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE
BEEN, FROM TIME TO TIME, AMENDED, FOR THE PURPOSE
OF REGULATING THE MAINTENANCE OF STORMWATER
STORAGE FACILITIES; PROVIDING A PENALTY FOR
VIOLATION; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AND REPEALER CLAUSE;
PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
G. CONSIDERATION AND POSSIBLE ACTION — SECOND AND
FINAL READING OF ORDINANCE NO. 1058 — AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
ADOPTING A RETAIL ELECTRIC PROVIDER REGISTRATION
FORM. Mr. Darrin Coker, City Attorney.
H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. 2002-61 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, CHANGING THE REGULAR
MEETING TIMES AND DATES FOR MAY 2002. Mr. Darrin Coker,
City Attorney.
Councilmember Owens asked that Consent Agenda Item D be removed from the
Consent Agenda for further discussion.
Councilmember Tetens made the motion, seconded by Councilmember Owens, to
adopt Consent Agenda Items A through H, with the exception of item D, as presented
on the Consent Agenda.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
Councilmember Owens asked that Consent Agenda Item D be removed from the
Consent Agenda for further discussion.
Page 5 of 14 — 4/22/2002
040
D. CONSIDERATION AND POSSIBLE ACTION SECOND AND FINAL
READING OF ORDINANCE NO. 943-6 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING FIGURE
5.1(CULLEN ROAD AREA), 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.
Councilmember Tetens made the motion, seconded by Councilmember Wilkins, to
approve Ordinance No. 943-6 and accept Option D.
Lengthy Discussion ensued between Council regarding amendment of the Land Use
Plan.
Voting "Aye" Councilmembers Seeger, Wilkins, and Tetens.
Voting "No" Councilmembers Marcott and Owens.
Motion Passed 3 to 2.
NEW BUSINESS
FIRST READING OF ORDINANCE NO. 509-582 — AN ORDINANCE OF THE CITY OF
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND AND 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 12-15, BLOCK 2,
COLONIAL ESTATES SUBDIVISION, BRAZORIA COUNTY, TEXAS (APPLICATION
NO. 1030) (3610 MCCLEAN) FROM CLASSIFICATION SINGLE FAMILY DWELLING
DISTRICT (R-1) TO NEIGHBORHOOD SERVICES DISTRICT (NS) AT THE REQUEST
OF PRAVIN AND JAGDISHBHAI PATEL, OWNERS, PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS
CLAUS, 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 Wilkins, to
approve Ordinance No. 509-582 (Application No. 1030) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to deny Application No. 1030.
James Barnhart, 5021 Confederate Drive, addressed Council and stated he is not in
favor of this zone change.
Page 6 of 14 — 4/22/2002
Voting "Aye" None.
Voting "No" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger.
Motion Failed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-583 - 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
MINI STORAGE WAREHOUSE ON THE FOLLOWING PROPERTY, BEING 2.316
ACRES, OUT OF 3.322 ACRES, OUT OF A PORTION OF THE H. STEVENS
SURVEY, A-594, BEING ADJACENT TO AND EAST OF STATE HIGHWAY 35 OF
BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 106)(4147 MAIN STREET) FROM
CLASSIFICATION LIGHT INDUSTRIAL DISTRICT (M-1) TO LIGHT INDUSTRIAL -
SPECIFIC USE (M -1(S)) AT THE REQUEST OF RONALD LEISTAD AND REED
LEISTAD, 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.
Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 509-583 (Specific Use No. 106) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Specific Use No. 106.
City Manager, Bill Eisen, stated approval of this zone change would allow for the
expansion of an existing mini -warehouse which is located on the east side of Main
Street.
Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
Page 7 of 14 — 4/22/2002
0 4 i
042
FIRST READING OF ORDINANCE NO. 509-584 - 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 2.573 ACRES, BEING THE
NORTH 2 OF LOT 25, RECORDED IN VOLUME 306, PAGE 379, DEED RECORDS
OF BRAZORIA COUNTY, TEXAS, ALLISON RICHEY GULF COAST HOME
COMPANY SUBDIVISION, H.T.& B.R.R. COMPANY SURVEY, A-219, BRAZORIA
COUNTY, TEXAS (APPLICATION NO. . 1031) (O'DAY ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT
SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF CAROLINA HERNANDEZ,
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.
Councilmember Wilkins made the motion, seconded by Councilmember Tetens to
approve Ordinance No. 509-584 (Application No. 1031) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission=s recommendation
to approve Application No. 1031.
City Manager, Bill Eisen, stated approval of this zone change would allow for the
development of a single family home.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. 2002-65- A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK
AUTHORIZATIONS #9 AND 10 FOR SURVEY, H & H DESIGN, ENVIRONMENTAL
AND GEO-TECHNICAL SERVICES FOR THE BARRY ROSE AND YOST ROAD
IMPROVEMENT PROJECTS ASSOCIATED WITH THE PEARLAND MOBILITY AND
DRAINAGE BOND PROGRAM. Mr. Bill Eisen, City Manager.
Councilmember Seeger made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2002-65.
City Manager, Bill Eisen, stated this is for work authorizations related to the Drainage
Bond Program.
Brief discussion ensued between Council and a representative of Turner, Collie &
Braden, Inc., regarding these work authorizations.
Page 8 of 14 — 4/22/2002
Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. 2002-66 - 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 CARTER -
BURGESS, INC. FOR. ENGINEERING SERVICES ASSOCIATED WITH THE
SHADOW CREEK PARKWAY SEWER PROJECT, PHASE II. Mr. Bill Eisen, City
Manager.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Marcott, to
approve Resolution No. R2002-66.
City Manager, Bill Eisen, gave a brief overview of the contract amendment with Carter -
Burgess, Inc., for the Shadow Creek Parkway Sewer Project.
Council and Staff discussed details of the contract and the need for an amendment
Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens.
I- Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — REGARDING THE RELIANT ENTEX COST OF SERVICE
INCREASE. Mr. Darrin Coker, City Attorney.
Councilmember Owens made the motion, seconded by Councilmember Tetens, to
approve the cost of service increase.
City Manager, Bill Eisen, stated if the rate change goes into effect, the rates would
increase approximately forty-eight cents ($.48) per month for each customer in the City.
Council has the option of taking no action or suspend rates, take no action and study
the request and then make a determination at the end of the study, or Council could
approve or deny the rates as submitted.
Discussion took place between Council and Staff regarding the rate increase by Entex.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger.
Voting "No" None.
Page 9 of 14 — 4/22/2002
04.1
' I4I9tion Passed 5 to 0.
COUNCIL ACTION — REGARDING CONCURRENCE ON BRIO STORM SEWER
PLAN FOR DIXIE FARM ROAD. Mr. Alan Mueller, Deputy City Manager.
Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to
endorse the project and authorize the City Manager to execute the development
agreement with Brio.
City Manager, Bill Eisen, gave an overview of the plan and the timing of work for all
agencies involved.
Council and Staff discussed the details of the Brio Storm Sewer Plan for Dixie Farm
Road, which is adjacent to the Brio site.
Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. 2002-62- A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE. A CONTRACT AMENDMENT WITH
CORRIGAN CONSULTING, INC. FOR ENGINEERING SERVICES ASSOCIATED
WITH THE PEARLAND PARKWAY WETLANDS PERMIT. Mr. Alan Mueller, Deputy
City Manager.
Councilmember Wilkins made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2002-62.
City Manager, Bill Eisen, stated this is for a contract amendment for costs associated
with additional work on the Pearland Parkway Wetlands Permit.
Council and Staff reviewed the specifics of the proposed contract amendment with
Corrigan Consulting, Inc.
Voting "Aye" Councilmembers Seeger, Wilkins, and Tetens.
Voting "No" Councilmembers Owens and Marcott.
Motion Passed 3 to 2.
COUNCIL ACTION — RESOLUTION NO. 2002-63- A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO CONTRACTS WITH THE TEXAS
Page 10 of 14 — 4/22/2002
DEPARTMENT OF TRANSPORTATION FOR THE REPLACEMENT OF FOUR
1145
BRIDGES THROUGH THE OFF -SYSTEM BRIDGE REPLACEMENT PROGRAM. Mr.
Alan Mueller, Deputy City Manager.
Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to
approve Resolution No. R2002-63.
City Manager, Bill Eisen, stated this is a bridge replacement program that is funded 80%
federal, 10% state, and 10% local funding which provides the City to get a lot of work
done with relatively small cost.
Discussion ensued between Council and Staff regarding the cost and need for bridge
replacements.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. 2002-64- 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 COUNTY FOR THE REGULATION OF SUBDIVISION PLATTING
WITHIN THE CITY'S EXTRATERRITORIAL JURISDICTION. Mr. Darrin Coker, City
Attorney.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Marcott, to
approve Resolution No. R2002-64.
City Manager, Bill Eisen, stated because of a statutory requirement that came out of the
last legislative session, cities and counties are now required to enter into an agreement
specifying who will have platting authority within the extraterritorial jurisdiction of cities.
This contract is the agreement that meets those requirements as specified in the law.
The agreement specifies that the City would have exclusive jurisdiction to enforce
platting within the confines of the City's extraterritorial jurisdiction.
Additional discussion took place between the Council and Staff regarding this
agreement.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
Page 11 of 14 — 4/22/2002
046
FIRST READING OF ORDINANCE NO. 741-3 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 27,
SUBDIVISIONS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY
HAVE BEEN, FROM TIME TO TIME, AMENDED, FOR THE PURPOSE OF
PROMOTING ORDERLY DEVELOPMENT IN THE CITY AND ITS
EXTRATERRITORIAL JURISDICTION; PROVIDING A PENALTY FOR VIOLATION;
CONTAINING A SAVING CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER
CLAUSE; PROVIDING .FOR CODIFICATION .AND EFFECTIVE DATE. Mr. Alan
Mueller, Deputy City Manager.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Marcott, to
approve Ordinance No. 741-3 on its first reading.
City Manager, Bill Eisen, gave a brief summary of the proposed amendments to the
subdivision code as it relates to street and drainage standards.
Council further discussed details of the amendments.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Wilkins.
Voting "No" Seeger.
Motion Passed 4 to 1.
FIRST AND ONLY READING OF ORDINANCE NO. 1025-4 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 1025, THE 2001-2002 ANNUAL BUDGET ORDINANCE, BY
AUTHORIZING CERTAIN ADDITIONS TO THE GENERAL 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. Alan Mueller, Deputy City Manager.
Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 1025-4 on its first and only reading.
City Manager, Bill Eisen, stated this is for a budget amendment to hire four inspectors to
keep pace with construction needs within the City.
Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens.
Voting "No" None.
Page 12 of 14 — 4/22/2002
Motion Passed 5 to 0.
OTHER BUSINESS:
047
Council adjourned into Executive Session under Texas Government Code at 9:40 p.m.
to discuss the following:
EXECUTIVE SESSION. UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 — CONSULTATION WITH ATTORNEY:
REGARDING POTENTIAL LITIGATION — ASSOCIATED WITH
THE ACQUISITION OF INVESTOR OWNED UTILITIES. Mr.
Darrin Coker, City Attorney.
2. SECTION 551.071 — CONSULTATION WITH ATTORNEY:
REGARDING POTENTIAL LITIGATION — ASSOCIATED WITH
TRADEMARK INFRINGEMENTS. Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 10:15 p.m.
COUNCIL ACTION — INSTRUCTION TO THE CITY ATTORNEY REGARDING
POTENTIAL LITIGATION — ASSOCIATED WITH THE ACQUISITION OF INVESTOR
OWNED UTILITIES. Mr. Darrin Coker, City Attorney.
Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Tetens, to set a
two-week deadline for the execution of an agreement with the West Lea Water
Company for the purchase of the West Lea Water Company, and in the event the
contract is not executed within the two-week period, to authorize the City Attorney to file
a lawsuit against the West Lea Water Company for breach of contract and pursuing all
damages available.
Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — INSTRUCTION TO THE CITY ATTORNEY REGARDING
POTENTIAL LITIGATION — ASSOCIATED WITH TRADEMARK INFRINGEMENTS.
Mr. Darrin Coker, City Attorney.
Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Tetens, to
authorize the City Attorney to pursue litigation to protect the City's logo from trademark
Page 13 of 14 — 4/22/2002
048
infringement.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
ADJOURNMENT
Meeting was adjourned at 10:16 p.m.
Minutes approved as submitted and/or corrected this the 13 day of May
2002.
Tom Reid
Mayor
ATTEST:
Page 14 of 14 — 4/22/2002