2002-07-22 CITY COUNCIL REGULAR MEETING MINUTES161
�— MINUTES REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON JULY 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
Tom Reid
Mayor Pro -Tem
Woody Owens
Councilmember
Charles Viktorin
Councilmember
Larry Marcott
Councilmember
Klaus Seeger
City Manager
Bill Eisen
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Absent: Councilmember Richard Tetens.
Others in attendance: Deputy City Manager Alan Mueller; Executive Director of
Community Services Tobin Maples; Police Chief J.C. Doyle; Fire Chief Paul Jamison;
City Engineer John Hargrove; Parks and Recreation Director Ed Hersh; Project Director
Joe Wertz; Community Development Coordinator Mona Phipps; and Planner 1 Theresa
Grahmann.
The invocation was given by David Miller and the Pledge of Allegiance was led by
Police Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid presented a proclamation to Pearland Police Officer Jon Matherne to
proclaim Tuesday, August 6, 2002, "National Night Out". He stated police officers would
be available on "National Night Out" to come out to neighborhoods to visit and talk.
Police Chief J.C. Doyle stated he would like citizens to feel free to come and visit the
Police Department, EMS, and Fire Department and they would be more than happy to
answer any questions.
Mayor Reid reported on July 9 he met with Shadow Creek Ranch developers; July 10
attended a Boy Scout Finance Committee Meeting; July 10-12 attended the Texas
Association of Regional Councils Board of Directors Meeting; July 15 attended a
meeting of the Pearland Economic Development Corporation; July 16 attended the
Houston Galveston Area Council Board of Directors Meeting, and the Pearland
Community Hospital Meeting; July 17 attended the Adult Reading Center Board of
Directors Meeting, and the monthly meeting of the Brazoria County Cities Association;
July 18 attended the Gulf Coast Water Authority Board of Directors Meeting; July 22
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attended the interview of a Chamber of Commerce candidate, and attended a meeting
to recognize Mickey Ohlendorf.
COUNCIL ACTIVITY REPORTS
Councilmember Viktorin stated he spent the day at City Hall touring the various
departments, meeting department heads and Staff. He further stated he learned a
tremendous amount and was extremely impressed with the professionalism that was
demonstrated to him throughout all the departments. The citizens of Pearland should
know that they are well represented by Staff in the City.
Mayor Pro -Tem Owens stated that on July 7-10 he attended a conference hosted by
TxDOT for the Western Association of State Highway Officials. He further stated he
attended a meeting with the County Commissioner, visited the Harris County Flood
Control District to discuss several issues, attended the Brazoria County Cities
Association Meeting, and also attended the Brazoria County
Partnership Infrastructure Committee Meeting. One of the important things about the
Brazoria County Partnership Infrastructure Committee is that they are getting a
delegation together to go to Austin on October 31 to go in front of the Texas Highway
Commission to talk about the needs of Brazoria County. He further stated he attended
a meeting with Houston Galveston Area Council of which he is on the Gulf Coast Small
Finance Corporation and was appointed to a five -person committee to look at economic
development within the HGAC.
Councilmember Marcott stated he attended the Brazoria County Cities Association
Meeting last Wednesday. He further stated there is some work going on at Old Alvin
Road between Plum and FM 518, which is from the bond issue passed in November,
and this is our tax dollars at work. This should help the traffic around the school and
church and feels this shows the City is going in the right direction to spend the bond
money and spend it appropriately and do the right kinds of things.
Councilmember Seeger passed on giving a report.
CITY MANAGER'S REPORT
City Manager, Bill Eisen, stated the tour with Councilmember Charles Viktorin is the first
year the City has done a formal orientation for new Councilmembers. This will be an
ongoing thing from now on for any newly elected Councilmember to give them an
opportunity to learn as much about the City operation as quickly as possible. He further
reported that Jim Causey, who on two different occasions has served the City as
Finance Director, has recently retired with this past Friday being his last day. He stated
that he would like to wish Mr. Causey and his wife, who are moving to the Austin area,
the best in their future endeavors. Cindy Soto, who is the Assistant Director of Finance,
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will serve as Interim Director during the time of the search process, which has now
begun.
CITIZENS
Charles McMurrey, 5209 Spring Branch Drive, addressed Council and stated he would
like to thank City Manager Bill Eisen, and Deputy City Manager Alan Mueller, who have
been helpful in the past couple of weeks with some items out in his area of Springfield.
He further stated he would like Council to take action on an item that is on the agenda
tonight having to do with the proposed zone change on Veterans Road. He added that
Council needs to act on the Charter Review Commission's findings and allow citizens to
vote on those recommendations.
Joy McNally, 5105 Carmona, addressed Council and stated she is the chairperson for
the South Corrigan Flood Committee and would like to inform Council that the
information provided to them by the City has been helpful. She further stated that she
appreciates the working relationship the committee has with the City, who have been
honest and cooperative. She and the residents are looking forward to working with the
City through the rest of the repairs.
Bill Berger, 3930 Quail Run, addressed Council and stated he was on this past Charter
Review Commission. The proposed charter amendments passed by a vote of 5-0 by
the Charter Review Commission. He further stated he would like Council to consider all
of the proposed amendments.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF
MINUTES:
1. Minutes of the June 10, 2002, Joint Public Hearing held at 6:30
p.m.
2. Minutes of the July 8, 2002, Public Hearing held at 6:00 p.m.
3. Minutes of the July 8, 2002, Regular Council Meeting held at 7:30
p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1066 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING
THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 19 OF APPROXIMATELY 38.0052 ACRES OF LAND.
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164
Mr. Darrin Coker, City Attorney.
C. CONSIDERATION AND POSSIBLE ACTION — EXCUSE ABSENCE
OF COUNCILMEMBER WOODY OWENS FROM THE REGULAR
MEETING HELD ON JULY 8, 2002.. City Council.
D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2002-114 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, CONVEYING AN EASEMENT TO RELIANT
ENERGY, INC., FOR ELECTRIC DISTRIBUTION FACILITIES. Mr.
Darrin Coker, City Attorney.
E. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 1071 AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING
THE ENCROACHMENT OF A CHAIN LINK FENCE INTO THE CITY'S
RIGHTS-OF-WAY OF VETERAN'S DRIVE AND MCLEAN ROAD IN
THE CITY OF PEARLAND. Mr. Darrin Coker, City Attorney.
F. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 1069 - AN ORDINANCE ALTERING
THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES
UNDER THE PROVISIONS OF § 545.356, TEXAS TRANS-
PORTATION CODE, UPON THE BASIS OF AN ENGINEERING AND
TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND
HIGHWAYS, OF PARTS THEREOF, WITHIN THE CORPORATE
LIMITS OF THE CITY OF PEARLAND, AS SET OUT IN THIS
ORDINANCE; PROVIDING A PENALTY OF A FINE NOT TO
EXCEED $200 FOR THE VIOLATION OF THIS ORDINANCE; AND
DECLARING AN EMERGENCY. Mr. Alan Mueller, Deputy City
Manager.
G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2002-112 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ACCEPTING THE CERTIFICATION OF THE
CURRENT AND ANTICIPATED TAX COLLECTION RATE FOR 2002
BY THE CITY'S TAX ASSESSOR -COLLECTOR. Mr. Darrin Coker,
City Attorney.
H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2002-111 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, PLACING ON THE AGENDAS OF THE
AUGUST 26, 2002, AND SEPTEMBER 9, 2002, CITY COUNCIL
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MEETINGS CONSIDERATION OF THE PROPOSED FISCAL YEAR
2002-2003 TAX RATE AND SETTING THE PUBLIC HEARING ON
THE TAX RATE. Mr. Darrin Coker, City Attorney.
I. CONSIDERATION AND POSSIBLE ACTION - SUBMISSION OF
PROPOSED 2001-2002 BUDGET AND SETTING OF.' PUBLIC
HEARING ON THE BUDGET, TENTATIVE DATE OF. AUGUST 12,
2002, 7:00 P.M. Mr. Darrin Coker, City Attorney.
Mayor Pro -Tem Owens asked that Consent Agenda Item D be removed from the
Consent Agenda for further discussion.
City Manager, Bill Eisen, asked that Consent Agenda Items E, G, H, and I be removed
from the Consent Agenda for further discussion.
Councilmember Viktorin made the motion, seconded by Councilmember Marcott, to
adopt Consent Agenda Items A through I, with the exception of items D, E, G, H, and I,
as presented on the Consent Agenda.
Voting "Aye" Councilmembers Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
MATTERS REMOVED FROM CONSENT AGENDA
Mayor Pro -Tem Owens asked that Consent Agenda Item D be removed from the
Consent Agenda for further discussion.
D. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-114 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, CONVEYING AN EASEMENT TO RELIANT
ENERGY, INC., FOR ELECTRIC DISTRIBUTION FACILITIES. Mr.
Darrin Coker, City Attorney.
Mayor Pro -Tem Owens made the motion, seconded by Councilmember Marcott, to
approve Resolution No. R2002-114 and to add that if Reliant Energy's equipment needs
to be moved it will be at Reliant Energy's expense.
Mayor Pro -Tem Owens stated his concern is that in the event Reliant Energy needed to
move their equipment at the City's request, there is no provision in the agreement that
Reliant Energy would be responsible for the expense.
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1GG
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
City Manager, Bill Eisen, asked that Consent Agenda Item E be removed from the
Consent Agenda for further discussion.
E. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1071 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING
THE ENCROACHMENT OF A CHAIN LINK FENCE INTO THE CITY'S
RIGHTS-OF-WAY OF VETERAN'S DRIVE AND MCLEAN ROAD IN
THE CITY OF PEARLAND. Mr. Darrin Coker, City Attorney.
Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Owens, to
approve Ordinance No. 1071.
City Manager, Bill Eisen, stated there was a concern regarding if a sidewalk being
planned for the area would be encroached upon by the proposed fence. Staff evaluated
this issue and concluded this will not be a problem.
Voting "Aye" Councilmembers Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
City Manager, Bill Eisen, asked that Consent Agenda Item G be removed from the
Consent Agenda for further discussion.
G. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-112 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ACCEPTING THE CERTIFICATION OF THE
CURRENT AND ANTICIPATED TAX COLLECTION RATE FOR 2002
BY THE CITY'S TAX ASSESSOR -COLLECTOR. Mr. Darrin Coker,
City Attorney.
City Manager, Bill Eisen, stated Staff feels this item is premature and recommends that
Council take no action on this item.
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No Council action taken.
167
City Manager, Bill Eisen, asked that Consent Agenda Item H be removed from the
Consent Agenda for further discussion.
H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2002-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, PLACING ON THE AGENDAS OF THE
AUGUST 26, 2002, AND SEPTEMBER 9, 2002, CITY COUNCIL
MEETINGS CONSIDERATION OF THE PROPOSED FISCAL YEAR
2002-2003 TAX RATE AND SETTING THE PUBLIC HEARING ON
THE TAX RATE. Mr. Darrin Coker, City Attorney.
Councilmember Seeger made the motion, seconded by Councilmember Marcott, to
approve Resolution No. R2002-111.
City Manager, Bill Eisen, stated this resolution is only to hold a Public Hearing and does
not commit the City in any way to the tax rate.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
City Manager, Bill Eisen, asked that Consent Agenda Item I be removed from the
Consent Agenda for further discussion.
I. CONSIDERATION AND POSSIBLE ACTION — SUBMISSION OF
PROPOSED 2002-2003 BUDGET AND SETTING OF PUBLIC
HEARING ON THE BUDGET, TENTATIVE DATE OF AUGUST 12,
2002, 7:00 P.M. Mr. Darrin Coker, City Attorney.
Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to
accept the budget and set a Public Hearing for August 12, 2002.
City Manager, Bill Eisen, stated this item is to hold a Public Hearing for the proposed
budget.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" None.
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Motion Passed 4 to 0, with Councilmember Tetens absent.
NEW BUSINESS
COUNCIL ACTION — RESOLUTION NO. R2002-91. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK
AUTHORIZATION' #5 SUPPLEMENT #1 FOR RIGHT-OF-WAY ACQUISITION
SERVICES ASSOCIATED WITH THE CULLEN ROAD EXTENSION PROJECT. Mr.
Bill Eisen, City Manager.
Mayor Pro -Tem Owens made the motion, seconded by Councilmember Marcott, to
approve Resolution No. R2002-91.
City Manager, Bill Eisen, gave a brief overview of the details of Work Authorization #5,
which is in the amount of $51,300.
Voting "Aye" Councilmembers Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION — REMOVE FROM TABLE ORDINANCE NO.. 509-589. City
Council.
Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Owens, to
remove Ordinance No. 509-589 from the table.
Voting "Aye" Councilmembers Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
SECOND AND FINAL READING OF ORDINANCE NO. 509-589 — 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 8.842 ACRES,
H. T. & B. R.R. COMPANY SURVEY, A-243, BRAZORIA COUNTY, TEXAS, BEING A
PORTION OF LOT 8, SECTION 19, ALLISON RICHEY GULF COAST HOME
COMPANY SUBDIVISION, AS RECORDED ON A MAP OR PLAT IN VOLUME 2,
PAGE 23, BRAZORIA COUNTY MAP RECORDS, BRAZORIA COUNTY, TEXAS
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(APPLICATION NO. 1039) (1115 CULLEN BOULEVARD) FROM CLASSIFICATION
SUBURBAN DEVELOP-MENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT
THE REQUEST OF PAUL BRENT DURRETT, 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 Marcott made the motion, seconded by Mayor Pro -Tem Owens, to
forward to Council for approval Ordinance No. 509-589 (Application No. 1039) on its
second and final reading.
Paul Brent Durrett, 6120 Brookside Drive, addressed Council and stated he is the owner
of this property and would like Council to approve this zone change.
Further discussion ensued between Council regarding this proposed zone change.
Voting "Aye" Councilmembers Viktorin and Owens.
Voting "No" Councilmembers Marcott and Seeger.
In order to break the tie vote, Mayor Reid cast his vote
Voting "No" Mayor Reid.
Motion Failed 3 to 2, with Councilmember Tetens absent.
COUNCIL ACTION — REMOVE FROM TABLE ORDINANCE NO. 509-585. City
Council.
Councilmember Seeger made the motion, seconded by Councilmember Viktorin, to
remove Ordinance No. 509-585 from the table.
Voting "Aye" Councilmembers Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
FIRST READING OF ORDINANCE NO. 509-585 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
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OF CERTAIN REAL PROPERTY LOCATION BEING 73.328 ACRES CONSISTING OF
THREE TRACTS: TRACT I: BEING LOTS 9A AND 12A, OUT OF SECTION 12, H. T. &
B. R.R. COMPANY, SURVEY, A-508, BRAZORIA COUNTY, TEXAS; TRACT II: BEING
10.208 ACRES IN THE A.C.H. & B. SURVEY, SECTION 2, A-507, BRAZORIA
COUNTY, TEXAS,- BEING ALL OF LOTS A & F, L.W. MURDOCK SUBDIVISION AS
RECORDED IN VOLUME -29, PAGE 174., DEED RECORDS OF BRAZORIA COUNTY,
TEXAS, AND BEING PART OF THE LAND CONVEYED BY THOMAS F. ALEXANDER
TO JOHN ALEXANDER, TRUSTEE, BY DEED DATED MAY 20, 1960, AND
RECORDED IN VOLUME 767, PAGE 299,. AMONG THE DEED RECORDS OF
BRAZORIA COUNTY, TEXAS; AND TRACT III: 23.12 ACRES, BEING LOT 9,
SECTION 12, H. T. & B. R.R. CO. SURVEY, A-508, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 1035) (VETERANS ROAD) FROM CLASSIFICATION HEAVY
INDUSTRIAL DISTRICT (M-2) AND COMMERCIAL DISTRICT (C) TO SINGLE
FAMILY DISTRICT PLANNED UNIT DEVELOPMENT (R-2 PUD) AT THE REQUEST
OF JAMES CORNELIUS OF SOWELL & COMPANY, AGENT FOR THREE G
INVESTMENTS, 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.
Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Owens, to
approve Ordinance. No. 509-585 (Application No. 1035) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Application No. 1035.
James Cornelius, 1601 Elm Street, addressed Council and stated he is in favor of this
proposed zone change.
Councilmember Marcott stated he would not support this zone change due to its
proximity to the railroad track.
Discussion ensued between Council regarding the proposed zone change.
Voting "Aye" Councilmembers Seeger, Owens, and Viktorin.
Voting "No" Councilmember Marcott.
Motion Passed 3 to 1, with Councilmember Tetens absent.
COUNCIL ACTION — REMOVE FROM TABLE ORDINANCE NO. 509-591. City
Council.
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Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to
remove Ordinance No. 509-591 from the table.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
FIRST AND ONLY READING OF ORDINANCE NO. 509-591 — 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 40 ACRES,
BEING ALL OF LOTS 44, 45, 54 AND 55, OUT OF THE ALLISON RICHEY GULF
COAST HOME COMPANY SUBDIVISION, ACCORDING TO THE PLAT RECORDED
IN VOLUME 2, PAGE 98, BRAZORIA COUNTY PLAT RECORDS, SITUATED IN THE
J.S. TALMAGE SURVEY, SECTION 80, A-564, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 1037) (CR 59) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R2) AT
THE REQUEST OF JAMES JOHNSON, AGENT FOR FAMILY CARE MEDICAL
,— CLINIC/ULYSSES WATKINS, JR., M.D., 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 Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to
approve Ordinance No. 509-591 (Application No. 1037) and amend it to be a first and
only reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Application No. 1037.
Council discussion took place regarding this zone change.
Voting "Aye" Councilmembers Seeger, Owens, and Viktorin.
Voting "No" Councilmember Marcott.
Motion Passed 3 to 1, with Councilmember Tetens absent.
FIRST READING OF ORDINANCE NO. 509-594 — AN ORDINANCE OF THE CITY
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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 BEING10.0597 ACRES, BEING LOT 3,
ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 10, H.
T.. & B. R.R. COMPANY SURVEY, A-505, BRAZORIA COUNTY, TEXAS, AS
RECORDED IN VOLUME 2, PAGE 24, PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 1043) (7717-7817 THOMSON STREET) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY
INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF, MARIE THOMSON, 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.
Mayor Pro -Tem Owens made the motion, seconded by Councilmember Seeger, to
approve Ordinance No. 509-594 (Application No. 1043) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for denial of Application No. 1043.
City Manager, Bill Eisen, gave details of this zone change- application.
Councilmember Seeger stated that based on the Comprehensive Plan, Staff
recommendation, and the surrounding land use, he will not support this zone change.
Voting "Aye" None.
Voting "No" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Motion Failed 4 to 0, with Councilmember Tetens absent.
FIRST READING OF ORDINANCE NO. 509-595 — 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
MINI -WAREHOUSE STORAGE AND IS REQUIRED TO INSTALL A MASONRY
FENCE AROUND THE PERIMETER OF THE PROPERTY AND NO OUTSIDE
STORAGE CAN BE VISIBLE FROM ANY SURROUNDING AREAS ON THE
FOLLOWING PROPERTY, BEING 8.2126 ACRES, BEING TRACT A, OUT OF 17.3151
ACRES IN THE H. T. & B. R.R. COMPANY SURVEY, SECTION 11, A-239, BRAZORIA.
COUNTY, TEXAS (4181 MAGNOLIA STREET) (SPECIFIC USE NO. 109) FROM
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CLASSIFICATION LIGHT INDUSTRIAL DISTRICT (M-1) TO LIGHT INDUSTRIAL -
SPECIFIC USE (M -1(S)) AT THE REQUEST OF MANCEL C. BEAM, 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 Marcott made the motion, seconded by Councilmember Viktorin, to
approve Ordinance No. 509-595 (Specific Use No. 109) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Specific Use No. 109.
Additional discussion ensued between Council and Staff regarding this zone change.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
FIRST READING OF ORDINANCE NO. 509-596 — AN. ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY LOCATION BEING A TRACT OF LAND OUT OF A
31.606 ACRE TRACT OF THE H. T. & B. R.R. COMPANY SURVEY, SECTION 11, A-
239, BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 110) (4604 WALNUT) FROM
CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) TO SINGLE FAMILY
DWELLING DISTRICT - SPECIFIC USE (R -2(S)) FOR A DAY CARE AND IS
REQUIRED TO INSTALL A FENCE AROUND ALL OF THE PLAY AREA AT THE
REQUEST OF DONNA MOORE, AGENT FOR DON AND JANELL MOORE,
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.
Councilmember Seeger made the motion, seconded by Councilmember Marcott, to
approve Ordinance No. 509-596 (Specific Use No. 110) on its first reading and to be
paved in accordance with the city code.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Specific Use No. 110.
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17 4
City Manager, Bill Eisen, stated this is for a proposed day care center.
Lengthy discussion ensued between Council and Staff regarding this zone change
application.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
FIRST READING OF ORDINANCE NO. 509-597 — 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 LOT 11, ROBIN COVE
SUBDIVISION, SECTION 2, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE
MAP OR PLAT THEREOF RECORDED IN VOLUME 19, PAGES 185-186, PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1049) (7105 ROBIN
MEADOW) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)
TO ESTATE LOT SINGLE FAMILY DISTRICT (R1) AT THE REQUEST OF EVERETT
AND LIZ ALLEY, 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.
Councilmember Viktorin made the motion, seconded by Councilmember Marcott, to
approve Ordinance No. 509-597 (Application No. 1049) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Application No. 1049.
City Manager, Bill Eisen, gave brief details regarding this proposed zone change.
Voting "Aye" Councilmembers Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
Upon concurrence from the City Attorney, Mayor Reid stated that the following three,
items would be read and acted upon together.
Page 14 of 26 - 7/22/2002
175
FIRST READING OF ORDINANCE NO. 509-598 — 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 8.750 ACRES, BEING TRACTS
17A, 17B AND' 18, ALLISON RICHEY GULF - COAST HOME COMPANY
SUBDIVISION, SECTION 19, H. T. & B. R.R. COMPANY SURVEY, A-243, BRAZORIA
COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN
VOLUME 2, PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 1044) (8210 BROOKSIDE ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY
DISTRICT (RE) AT THE REQUEST OF BEATRICE LEJSAL, 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.
FIRST READING OF ORDINANCE NO. 509-599 — 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 .6190 ACRES, BEING THE EAST
135.66' OF TRACT 66, HAHL'S FIGLAND ORCHARD SUBDIVISION, AS RECORDED
IN VOLUME 3, PAGE 77, BRAZORIA COUNTY PLAT RECORDS, BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 1045) (5920 FITE ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT
SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF JESUS M. VASQUEZ,
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 Mapes,
Executive Director of Community Services.
FIRST READING OF ORDINANCE NO. 509-600 — 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 8.11 ACRES OF LAND, BEING
PART OF LOT 46, ALLISON RICHEY GULF COAST HOME COMPANY'S
SUBDIVISION, SECTION 80, H. T. & B. R.R. COMPANY SURVEY, A-564, BRAZORIA
COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGE
98, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1048)
(2657 CR 59) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)
Page 15 of 26 - 7/22/2002
176
TO ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF JOSE M.
AND SANDRA R. MARTINEZ, 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 Owens moved for the adoption of Ordinance Nos. 509-598, 509-599,
and 509-600 on their first of two readings. The motion was seconded by
Councilmember Marcott.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Application Nos. 1044, 1045 and 1048.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION — RESOLUTION NO. R2002-115 - A RESOLUTION CALLING A
SPECIAL ELECTION TO BE HELD ON SATURDAY SEPTEMBER 14, 2002, FOR THE
PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF
PEARLAND, TEXAS, PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY
OF PEARLAND. Mr. Darrin Coker, City Attorney.
Councilmember Marcott made the motion, seconded by Councilmember Seeger, to
approve Resolution No. R2002-115 and to submit to the voters proposed Charter
Amendment Nos 2, 3, and 4.
Mayor Reid recommended that each proposed amendment be voted on individually.
City Attorney, Darrin Coker, stated that each proposed charter amendment needs to be
addressed separately to determine the amendments that will be submitted to the voters.
Proposed Charter Amendment No. 1
SECTION 3.01. Number, selection, and term.
The legislative and governing body of the city shall consist of a mayor and
five (5) councilmembers and shall be known as the "city council of the City of Pearland,
Brazoria. Fort Bend. and Harris Counties, Texas."
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177
(a) T -he A mayor shall be elected from the city at large.
pestes 1, 2,3, 4, and 5: One councilmember shall be elected from the
city at large and shall be known as at -large position. The remainina four
councilmembers shall be elected by districts and shall be known as
districts 1. 2. 3. and 4. The council shall modify the size configuration,
and geographic definition of the council districts as necessary to provide
equal representation to all citizens of the city and to comply with state and
federal law.
(2) The mayor shall preside over the city council
I. -
and shall be recognized as the head of the city government for all
ceremonial purposes and by the governor for purposes of military law.
Except where expressly indicated. the Mayor shall not be included in any
reference to the City Council. The mayor shall be allowed to vote only in
case of a tie vote.
(c) ,
. In the third election year after the year of adoption of
the amendments to the charter creating council districts the mayor and
the at -large councilmember shall be elected. In the fourth election year
after the year of adoption of the amendments to the charter creating
council districts. two (2) councilmembers shall be elected for districts 1
and 2. In the fifth election year after the year of adoption of the
amendments to the charter creating council districts two --U2
councilmembers shall be elected for districts 3 and 4.
SECTION 3.02. Qualifications.
The mayor and each member of the city council shall be a resident citizen of the
City of Pearland, shall be a qualified voter of the State of Texas, shall have been such
resident citizen of the City of Pearland for a period of not less than six (6) months
immediately preceding his/her election, and shall not be indebted to the City of
Pearland. In addition, each member of the city council elected from districts shall have
been a resident of the district from which he/she is elected for a period of not less than
six (6) months immediately preceding his/her election If the mayor or any
councilmember fails to maintain the foregoing qualifications or shall be absent from two
(2) regularly scheduled meetings within any six-month period without valid excuse, the
city council must, at its next regular meeting, declare a vacancy as set forth in Section
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178
3.06 of this charter. Neither the mayor nor any Ne member of the city council of the
City of Pearland shall hold any paid position under the city government during their term
of office.
SECTION 5.05. Ballots.
'The positions of the several members of the council shall be designated on the
official ballot as member of the council,atat-large position] or district number 1, 2, 3,
or 4-,4r-5. Each candidate shall indicate the position which he/she desires to fill.
IRGUmbeRt GOURG"Me-mbeFS seeking reeleGtOGR must file for the pesitieR f9F Wh;Gh they
SECTION 6.03. Petition for recall.
Before the question of recall of such officers shall be submitted to the qualified
voters of the city, a petition demanding such question to be so submitted shall first be
filed with the person performing the duties of city secretary, _ In the case of the mayor
or the at-larae councilmember, the petition for recall shall be signed by qualified-veteKs
Of the Gity equal in numbeF to at least five 5 thiFty (30) per cent of the reaistered voters
in Rumber Gf VOWS Gast at the last FegulaF MURiGipal eleGti the city, for the pesi
petitioners.R question, but in no suGh event less, thaR ene hundFed fifty (150) suGh In
the case of the councilmembers elected from districts the petition for recall shall be
signed by at least five (5) per cent of the registered voters in the same district from
which the councilmember was elected...
SECTION 6.08. Election to be called.
If the officer whose removal is sought does not resign, then it shall become the duty of
the city council to order an election, fix a date for holding such recall election, and
discharge any other duties imposed upon said council by the provisions of this Charter
and state law. If the recall is sought against the mayor or the at -large councilmember.
then all qualified voters within the city may vote in the recall election. If the recall is
sought for city councilmembers elected from districts, then only the qualified voters of
the district from which the councilmember sought to be recalled was elected may vote in
the recall election. The date for the election shall be ordered and held in a timely
manner as prescribed by the general election laws of the State of Texas.
Councilmember Seeger made the motion, seconded by Councilmember Viktorin to
place Amendment No. 1 on the ballot.
Councilmember Viktorin stated there is a pool of 40,000 people available for the five
Councilmembers and subdividing this into equal populations should logically be the
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179
same but that is not always the case. He further stated he did an analysis of the people
that voted in the most recent election and the district boundaries he used was State
Highway 35 and FM 518. The results were that on the northwest quadrant there were
15% voters from that district. The northeast quadrant, which would be in the Green Tee
area, there were 41%. In the southeast, which would be on the side of FM 518 near the
City Hall area, there were 22%. The southwest quadrant, which would be in the
Corrigan area, there were 22%. In this situation, using those boundaries, there would
be 15% of the people getting equal representation as 41% of the people. This is
supposed to be divided into equal population, but there has already. been so much
confusion with a change in where people vote. He stated he is strongly against this but
will vote to put this on the ballot for election because in the end the voters will make the
right decision.
Mayor Reid stated as a member of the Council he would prefer, before something like
this is enacted, that the City go to seven Councilmembers. To do it properly there
would need to be seven Councilmembers to get the right division, the right at -large
positions, and the right positions. He further stated this probably would be premature at
this time. It has its pros and cons but thinks it is premature and the thrust ought to be to
do a seven -member Council and should be done when the population stabilizes.
Councilmember Seeger stated changing to seven Councilmembers can be done at
anytime but right now there is a situation where if this is approved it is going to take
several years for it to go into effect. There are three council positions that are all going
to have to cycle out before this would go into effect so there will be that plus three, four,
or five years before it would really be in effect. That is a long way down the road so it
needs to be moved on right now. He further stated Pearland is getting a lot of
development, especially on the west side of town, and with the development over there
he stated he hears talk about their intention of having influence on this Council. This
side of town needs protecting and the way to do that is to make sure that it always has
representation on Council. As the west side develops and starts generating a lot of the
revenue the City needs to make sure it has the ability to bring it to this side of town.
The way to do that is to always make sure there is always representation on Council.
This cannot keep getting put off and thinks it needs to be put out there now. If the
number of council positions needs to be increased, a change can be made later on to
increase that number. This needs to be on there now because it will be three or four
years down the road before it goes into effect. On top of that, this argument can be
made to the citizens and let the citizens decide. All of these are good amendments,
particularly this one, and they need to be brought to the citizens. Since this election will
be tied to the Special Option Election, there is the potential to have an unusually large
turnout and this particular amendment is probably one of the more important
amendments there has been in a long time. Tying that in with the mixed beverage
resolution would bring a good representation and a good message to the citizens. As
the west side develops, there will be a major voting block in that area. Once they come
Page 19 of 26 - 7/22/2002
i t
in and are part of the voting public they can easily control the Council where they will
never allow this to come out there. Right now there is still a balance to at least put this
out to the public to give them that opportunity. If this is not taken advantage of now it is
possible that there may not be another opportunity again just simply by the makeup of
the Council. He further stated that all of the arguments should be saved for the public.
and that is where it should be settled. The.citizens should have the opportunity to make
this decision.
Councilmember Marcott stated he cannot support this because a seven -member
Council is needed first and then grow into districts. He further stated he feels that
maybe around the year 2010 the City will be in a position where districts are going to be
appropriate but does not feel it is appropriate now.
Mayor Pro -Tem Owens stated he does not feel like it should go in there right now.
There is a possibility of doing this and further stated he is not concerned about one side
of town taking over the other since there has been an opportunity to do that when you
are voting at -large. It is all the citizens in the City making the right decision but normally
when districts such as this are done, it is because of the demographics of the City and
also for the minority makeup within the City. Pearland is a long way from getting to that
point and does not know if districts do anything any better because if there is a
Councilmember only running from one district then they are only looking at doing
something for that one district, Another City is doing this_ and they have spent $44,000
so far to try to draw the lines and they figure it is going to have to be double to that
before they get the lines drawn. There are some cities that have talked about trying to
change back out of districts because it has been so costly and a big legal fiasco. He
further stated that Pearland is not at that point quite yet and is not concerned about one
area of town taking over another area of town. He stated he has heard it said that the
City does not get equal representation. If it does not happen when running at -large then
it will not happen with districts either.
Voting "Aye" Councilmembers Viktorin and Seeger.
Voting "No" Councilmembers Owens and Marcott.
In order to break the tie vote, Mayor Reid cast his vote.
Voting "No " Mayor Reid.
Motion Failed 3 to 2, with Councilmember Tetens absent.
Proposed Charter Amendment No. 2
Section 4.07. City attorney.
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181
The city council shall appoint a competent attorney duly licensed in the State of
Texas, who shall be the city attorney. He/She shall receive for his/her services such
compensation as may be fixed by the city council and shall hold his/her office at the
pleasure of the city council. The city attorney, or such _other attorneys selected by
him/her with the approval of the city council, shall represent the city in all litigation.
He/She shall answer directly to the city council and shall be the legal advisor of,
attorney and counsel for, the city and all officers and departments thereof.
Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Owens to
submit Amendment No. 2 to the qualified voters.
Voting "Aye" Councilmembers Viktorin, Owens, Marcott, and Seeger
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent
Proposed Charter Amendment No. 3
Section 10.07. Personal interest in city contract.
as an GffiGeF or employee. Any willful vialatien Gf this seGWR shall GGRStit649
,
reRdeF the GGRtraGt involved voidable by the Gity FnanageF GF the . Personal
interest in city contracts or any other actual or potential conflicts of interest shall be
governed by applicable state law. including Texas Local Government Code Chapter
171.
Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens to
submit Amendment No. 3 to the qualified voters.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
Page 21 of 26 - 7/22/2002
182
Proposed Charter Amendment No. 4
Section 10.15. Charter review commission.
. The city council shall appoint at its first regular meeting in January of
every fourth year, beginning.- with 2005, or more frequently if the
city council deems necessary, a charter review commission of five citizens of the City of
Pearland:...
Councilmember Viktorin made the motion, seconded by Councilmember Marcott, to
submit Amendment No. 4 to the qualified voters.
Voting "Aye" Councilmembers Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
Mayor Reid called the vote on the original motion.
Voting "Aye" Councilmembers Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION — RESOLUTION NO. R2002-116 - A RESOLUTION CALLING A
SPECIAL ELECTION TO BE HELD ON SATURDAY SEPTEMBER 14, 2002, FOR THE
PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF
PEARLAND, TEXAS, A PROPOSAL FOR THE LEGAL SALE OF MIXED BEVERAGES
IN RESTAURANTS BY FOOD AND BEVERAGE CERTIFICATE HOLDERS LOCATED
WITHIN THE CITY OF PEARLAND. Mr. Darrin Coker, City Attorney.
Councilmember Seeger made the motion, seconded by Councilmember Viktorin, to
receive into the record the Memorandum of Certification certifying that all of the petitions
complied with state regulations.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
Page 22 of 26 - 7/22/2002
181
Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Owens, to
approve Resolution No. R2002-116.
Councilmember Marcott asked if this only applies to restaurants in the city limits of
Pearland.
City Attorney, Darrin Coker,'stated it does only apply to restaurants in the city limits of
Pearland.
Councilmember Marcott asked if the City annexes an area that has a restaurant does it
automatically convert to the new status.
City Attorney, Darrin Coker, stated that they would automatically be brought in to the
City's new status.
Mayor Pro -Tem Owens asked if this would affect the agreements the City has out there
to leave them outside the extraterritorial jurisdiction and collecting the sales tax.
City Attorney, Darrin Coker, stated it would have no effect.
City Manager, Bill Eisen, stated there would be an alcoholic beverage tax in these
locations, even ones in the ETJ because they would be private clubs. That is not part of
the agreement, which relates to the general sales tax only and is levied on the food
portions of their sales. There is a special alcoholic beverage tax, which is separate and
distinct from the sales tax. The City does not get this because the agreement is for the
general sales tax only. The only ability the City has to levy sales tax in any Municipal
Utility District outside the City is the general sales tax.
City Attorney, Darrin Coker, stated that he would like to thank Young Lorfing, City
Secretary, and his office for all the hard work they did verifying the signatures on the
petition.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION — RESOLUTION NO. R2002-113 - 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 SPECIAL ELECTIONS TO BE HELD
ON THE FOURTEENTH DAY OF SEPTEMBER, 2002. Mr. Darrin Coker, City Attorney.
Page 23 of 26 - 7/22/2002
fl
Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to
approve Resolution No. R2002-113.
Voting "Aye" Councilmembers Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
FIRST AND ONLY READING OF ORDINANCE NO. 1070 — AN ORDINANCE
PROVIDING FOR THE APPROVAL OF AN AGREEMENT BETWEEN THE STATE OF
TEXAS AND THE CITY OF PEARLAND, FOR THE INSTALLATION,
CONSTRUCTION, EXISTENCE, USE, OPERATION AND MAINTENANCE OF
HIGHWAY TRAFFIC SIGNALS/LIGHTING AT THE INTERSECTION OF FM 2234 AND
KIRBY DRIVE, IN THE CITY OF PEARLAND; PROVIDING FOR THE EXECUTION OF
SAID AGREEMENT; AND DECLARING AN EMERGENCY. Mr. Alan Mueller, Deputy
City Manager.
Mayor Pro -Tem Owens made the motion, seconded by Councilmember Viktorin, to
approve Ordinance No. 1070 on its first and only reading.
City Manager, Bill Eisen, gave a brief summary of an agreement with TxDOT for
installation and maintenance of a signal at Kirby Drive and FM 2234 in the Shadow
Creek Ranch subdivision.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:55 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.074 — PERSONNEL MATTERS: REGARDING
APPOINTMENTS TO THE PEARLAND ECONOMIC
DEVELOPMENT BOARD OF DIRECTORS. City Council.
Page 24 of 26 - 7/22/2002
2. SECTION 551.074 — PERSONNEL MATTERS: REGARDING
APPOINTMENTS TO THE PLANNING AND ZONING
COMMISSION. City Council.
3. SECTION 551.074 — PERSONNEL MATTERS:. REGARDING
APPOINTMENT TO TAX INCREMENT REINVESTMENT ZONE
NUMBER 2 BOARD OF DIRECTORS. City Council.
4. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY:
REGARDING POTENTIAL LITIGATION - ASSOCIATED WITH
CITY FACILITIES. Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 10:54 p.m.
COUNCIL ACTION — REGARDING APPOINTMENTS TO THE PEARLAND
ECONOMIC DEVELOPMENT BOARD OF DIRECTORS AND THE PLANNING AND
ZONING COMMISSION. City Council.
Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to
appoint Helen Beckman for a term to expire in May 2004, Steve Sabo for a term to
expire in May 2004, and reappoint Dennis Frauenberger for a term to expire in May
2004.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION — REGARDING APPOINTMENTS TO THE PLANNING AND
ZONING COMMISSION. City Council.
Councilmember Marcott made the motion, seconded by Councilmember Seeger, to
reappoint Todd locco and Russ Selemon for terms to expire in April 2005, appoint Ruby
Sandars for a term to expire in April 2004, Ray Bacon for a term to expire in April 2004,
and Sheryl Greiner for a term to expire in April 2004.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" None.
Page 25 of 26 - 7/22/2002
1.8
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION — REGARDING APPOINTMENT TO TAX INCREMENT
REINVESTMENT ZONE NUMBER 2 BOARD OF DIRECTORS. City Council.
Mayor Pro -Tem Owens made the motion, seconded by Councilmember* Viktorin, to
recommend George Sandars as the appointment of Senator Buster Brown, subject to
his agreement.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
CONSIDERATION AND POSSIBLE ACTION — INSTRUCTION TO CITY ATTORNEY
REGARDING POTENTIAL LITIGATION ASSOCIATED WITH CITY FACILITIES. City
Council.
No Council action taken.
ADJOURNMENT
Meeting was adjourned at 10:56 p.m.
Minutes approved as submitted and/or corrected this the 12 day of August ,
2002.
<`vP�
Tom Reid
Mayor
ATTEST:
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