2002-08-26 CITY COUNCIL REGULAR MEETING MINUTESMINUTES - REGULAR MEETING OF THE CITY COUNCIL OF THE' CITY OF
PEARLAND, TEXAS, HELD ON AUGUST 26, 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
Woody Owens
Richard Tetens
Charles Viktorin
Larry Marcott
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; Interim Director of Finance Cindy Soto; Parks and Recreation Director Ed
Hersh; Director of Human Resources and Safety Management Mary Hickling; Public
Works Director Jerry Burns; Assistant City Attorney Nghiem Doan; Project Director Joe
Wertz; Assistant Police Chief Johnny Spires; Administrative Analyst Chris Kidwell; and
Municipal Court Administrator. Cheryl Garcia.
The invocation was given by Councilmember Charles Viktorin and the Pledge of
Allegiance was led by Police Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid and Councilmember Marcott presented a proclamation to proclaim the
month of September 2002 as "National Alcohol and Drug Addiction Recovery Month".
Mayor Reid and Councilmember Marcott presented a proclamation to Julian Barr with
the Leukemia and Lymphoma Society, proclaiming the month of September 2002 as
"Leukemia and Lymphoma Awareness Month". Mr. Barr gave a brief presentation on
the functions of the Leukemia and Lymphoma Society.
Sam Alix who is with Texas 147 Security Force Squadron, Texas Air National Guard in
the United States Air Force, and a City of Pearland Police Officer, presented a
Certificate of Appreciation to Police Chief, J.C. Doyle, which was awarded by the
National Committee for Employer Support of the Guard and Reserves.
Page 1 of 16 — 8/26/2002
Police Chief, J.C. Doyle, stated it was an honor to support the men and women that
serve our country.
Mayor Reid thanked Sam Alix for his participation in different organizations within the
community and appreciates all he does for the City of Pearland.
Mayor Reid reported on August"13 he visited TurboCare and Rollac Shutter of Texas,
Inc., who were Industry of the Year candidates; August 14 attended a meeting of the
Adult Reading Board of Directors; August 15 visited Steel Supply who was an Industry
of the Year candidate, attended the Gulf Coast Water Authority Board, and attended a
Council Workshop; August 16 attended a special event for Mayor of Pasadena, John
Manlove; August 18 presented a proclamation for the 50th Anniversary of St. Helen's
Catholic Church; August 19 attended an agenda meeting, a photo opportunity for the
City Council, and a Council Workshop; August 20 attended a meeting of the Houston -
Galveston Area Council Board of Directors, and a presentation to Scout Troop 404;
August 21 attended a meeting with Rob Istre of the Gulf Coast Water Authority, and the
Brazoria County Cities Association Monthly Meeting; August 22 attended a Chamber
Luncheon and announced the Industries of the Year; August 23 attended a meeting of
the Transportation Policy Council Board, and the Pearland Neighborhood Center
Annual Ball and Dinner; and August 26 attended a Pearland Economic Development
Corporation Budget Public Hearing.
COUNCIL ACTIVITY REPORTS
Councilmember Tetens stated on August 21 he was on the' Grand Jury in Angleton, and
attended the Brazoria County Cities Association Monthly Meeting in Lake Jackson.
Councilmember Viktorin stated that on July 25-27 he attended the 32nd Annual
Conference of the Association of Mayors, Councilmembers, and Commissioners
Institute in EI Paso. He further stated he received some good information and got some
great ideas. He attended the Region 14 Workshop in the Woodlands, which addressed
issues in our local area; August 18 attended the 50th Anniversary celebration for St.
Helen's Catholic Church, which was a spectacular event; August 21 attended the
Brazoria County Cities Association Monthly Meeting in Lake Jackson.
Mayor Pro -Tem Owens stated he attended some of the same meetings as previous
activity reports. He further stated he would like to express his appreciation for the
Pearland Fire and Police Departments for a recent event in Pearland where they did an
excellent job.
Councilmember Marcott stated that he looked around town after the recent rain and
subsequent flooding in Pearland and the detention ponds were full. August 18 attended
the groundbreaking at St. Stephens Lutheran Church for an expansion for more church
Page 2 of 16 — 8/26/2002
facilities and attended the 50th Anniversary celebration for St. Helen's Catholic Church;
August 21 attended the Brazoria County Cities Association Monthly Meeting where he
was sworn in as the second Vice President of this organization; August 22 attended the
Chamber of Commerce Luncheon in which he took the new General Manager of
TurboCare, the company he works for, who was presented with the Award for Industry
of the Year in Pearland; August 23 attended the Pearland Neighborhood Center Annual
Ball and Dinner where they announced the receipt of $47,000, which will be used for the
needy in the community.
Councilmember Seeger passed on giving a report.
CITY MANAGER'S REPORT
City Manager, Bill Eisen, stated that the Pearland Economic Development Corporation
Executive Director's position has been filled with Fred Welch who has nine years of
experience in the Economic Development field, with the four most recent years being
with the Brazoria County Partnership. He will be joining the City Staff on September 16,
2002.
Five finalists have been selected to fill the position of Director of Inspection Services.
Interviews will begin the second week in September.
Applications for the Director of Finance position are being accepted through the end of
this week. Interviews should be conducted the second or possibly early the third week
for this position.
CITIZENS: None
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES:
1. Minutes of the August 5, 2002, Special Meeting held at 6:00 p.m.
2. Minutes of the August 12, 2002, Public Hearing held at 7:00 p.m.
3. Minutes of the August 12, 2002, Regular. Council Meeting held at 7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE
OF SHADOW CREEK RANCH SF -913. Mr. John Hargrove, City Engineer.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1073 — AN ORDINANCE OF THE CITY
Page 3 of 16 — 8/26/2002
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE A RELEASE AND EXCHANGE
OF EASEMENTS TO ACCOMPLISH THE REALIGNMENT OF RIGHT-OF-WAY
AT THE INTERSECTION OF FM 518 AND SUNRISE MEADOW DRIVE.
Mr. Alan Mueller, Deputy. City Manager.
D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO: 2002-129* -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, ADOPTING AMENDMENTS TO THE CITY'S SUBSTANCE ABUSE
PROCEDURE FOR EMPLOYEES OF THE CITY OF PEARLAND. Mr. Darrin
Coker, City Attorney.
E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. 2002-132 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING THE PUBLIC LIBRARY SERVICES CONTRACT
BETWEEN THE CITY AND BRAZORIA COUNTY. Mr. Darrin Coker, City
Attorney.
Councilmember Marcott asked that Consent Agenda Item D be removed from the
Consent Agenda for further discussion.
Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to
adopt Consent Agenda Items A through E, with the exception of item D, as presented
on the Consent Agenda.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
Councilmember Marcott asked that Consent Agenda Item D be removed from the
Consent Agenda for further discussion.
D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. 2002-129 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, ADOPTING AMENDMENTS TO THE CITY'S SUBSTANCE ABUSE
PROCEDURE FOR EMPLOYEES OF THE CITY OF PEARLAND. Mr. Darrin
Coker, City Attorney.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Owens, to
Page 4 of 16 — 8/26/2002
approve Resolution No. R2002-129.
Councilmember Marcott stated that he was concerned about the time frame for drug
testing after an accident in a city vehicle.
City Attorney, Darrin Coker, briefly explained changes to the time frame and other
changes made to the City's Substance Abuse Procedure Policy for City employees.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
NEW BUSINESS
Mayor Reid, with concurrence of Council, moved to New Business Item No. 14.
FIRST AND ONLY READING OF ORDINANCE NO. 1075 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND TEXAS, WAIVING THE
ENCROACHMENT OF A TWO STORY BRICK HOUSE INTO THE CITY'S DRAINAGE
EASEMENT. Mr. Darrin Coker, City Attorney.
Councilmember Viktorin made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 1075 on its first and only reading.
City Manager, Bill Eisen, stated that the request has been reviewed by Staff and the
recommendation is to authorize the encroachment.
Janis Lowe addressed Council and stated there was a mistake made by the surveyor
resulting in the new home being built on the City's drainage easement.
City Attorney, Darrin Coker, gave a brief summary of the details of this request for
waiver of a City drainage easement.
Brief discussion ensued between Council and Staff regarding the easement.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
Page 5 of 16 — 8/26/2002
Mayor Reid, with concurrence of Council, moved back to New Business Item No. 1.
FIRST READING OF ORDINANCE NO. 509-604 — 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
CHURCH ON THE FOLLOWING PROPERTY, BEING 3.525 ACRES, OUT OF TRACT
9 OF THE W. ZYCHLINSKI SUBDIVISION, H. T. & B. R.R. COMPANY SURVEY,
SECTIONS 1,2,3 AND 4, A-233, 542, 232, AND 543, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 1055 AND SPECIFIC USE NO. 111) (3521 ORANGE STREET)
FROM CLASSIFICATION PLANNED UNIT DEVELOPMENT DISTRICT (PUD) TO
SINGLE FAMILY DWELLING DISTRICT - SPECIFIC USE (R -1(S)) AT THE REQUEST
OF ST. STEPHEN LUTHERAN CHURCH, 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 made the motion, seconded by Councilmember Marcott, to
approve Ordinance No. 509-604 (Application No. 1055 and Specific Use No. 111) 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. 1055 and Specific Use No. 111.
City Manager, Bill Eisen, stated approval of this ordinance would allow for the
expansion of St. Stephen Lutheran Church located on Orange Street.
Steve Maurer, 333 Cypress Run, addressed Council and stated he is in favor of the
zone change.
Councilmember Marcott stated the growth of the community and the growth of the
churches speaks a lot of the vitality of the community.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-601 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
Page 6 of 16 — 8/26/2002
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 TRACT 1: 9.51 ACRES BEING A
PART OF LOT 18 AND ALL OF LOT 19, ALLISON RICHEY GULF COAST HOME
COMPANY; F.B. DRAKE SURVEY, A-504; AND TRACT2:.:0745. ACRES, BEING
PART OF LOT 19, ALLISON RICHEY GULF COAST HOME COMPANY, F.B. DRAKE
SURVEY, A=504,'BRAZORIA COUNTY, TEXAS (APPLICATION NO: 1-054) (2425 ROY
ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
COMMERCIAL DISTRICT (C) AT THE REQUEST OF BECKY CORNELIUS, AGENT
FOR CPI GROUP, INC., 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 Marcott made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 509-601 (Application No. 1054) 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. 1054.
City Manager, Bill Eisen, stated that originally the request for zone change was to bring
an existing business, in an existing building, into conformance with the zoning
ordinance.
Discussion ensued between Councilmember Marcott and Ms. Becky Cornelius, agent
for the owner of the property, regarding Commercial (C) land use on this property.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-603 — 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 120.134 ACRES OF LAND,
BEING LOTS 4 & 7 OF SECTION 14, H.T. & B. R.R. COMPANY SURVEY, A-538,
BRAZORIA COUNTY, TEXAS, R.B. LYLE ASSIGNEE, ACCORDING TO THE PLAT
RECORDED IN VOLUME 2, PAGE 98, PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 1034) (BROADWAY STREET AT CR 48) FROM
CLASSIFICATION ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (RE) TO
Page 7 of 16 — 8/26/2002
SINGLE FAMILY DWELLING DISTRICT (R-2) AT THE REQUEST OF JAMES
JOHNSON, AGENT FOR JOHN B. BRIGGS AND MEREDITH BRIGGS .LEBLANC,
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. 509-603 (Application No. 1034) 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. 1034.
City Manager, Bill Eisen, stated when the property was recently brought into the City it
was zoned Estate Lot Single Family Dwelling District (RE) and this requested zone
change is to Single Family Dwelling District (R-2).
Councilmember Tetens stated that he is against this zone change because of the
density in a Single Family Dwelling District (R-2) subdivision. He further stated that the
City has a lot of R -2's already and does not think the City needs any more.
Councilmember Marcott stated he is opposed to this zone change and the property
needs to stay Estate Lot Single Family Dwelling District (RE).
Mayor Pro -Tem Owens stated that he does not care to have too many more R -2's in the
City but this was a City -initiated zoning. He further stated that he has a problem when
property owners do not request to be annexed and the City automatically annexes
them, takes their land, and changes the zoning. When the property owner tries to sell
their land they have a problem.
City Attorney, Darrin Coker, stated the concept of zoning when properties are annexed
will allow the City to zone them consistent with the Land Use Plan that is in the
Comprehensive Plan.
Discussion ensued between Council regarding this proposed zone change.
Voting "Aye" None.
Voting "No" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Motion Failed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-605 — AN ORDINANCE OF THE CITY
Page 8 of 16 — 8/26/2002
^- 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 0.832 ACRES, TRACT F, OUT
OF H.T. & B.R.R. COMPANY SURVEY, SECTION 7, A-219, BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 1053)(1525 GARDEN ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD)* TO SINGLE FAMILY DISTRICT (R-1)
AT THE REQUEST OF ERIC AND VALERIE HICKS, 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 Tetens made the motion, seconded by Councilmember Viktorin, to
approve Ordinance No. 509-605 (Application No. 1053) 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. 1053.
City Manager, Bill Eisen, stated this would allow for the construction of one single-family
home on this property.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — REGARDING THE SELECTION OF A MEDICAL AND LIFE
INSURANCE PROVIDER FOR THE CITY OF PEARLAND EMPLOYEES. Mr. Bill
Eisen, City Manager.
Mayor Pro -Tem Owens made the motion, seconded by Councilmember Tetens, to table
this item to gather references on the proposed insurance companies.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. 2002-131 — A RESOLUTION OF THE CITY -
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNUAL
Page 9 of 16 — 8/26/2002
REPORT FOR TAX INCREMENT REINVESTMENT ZONE #2. Mr. Alan Muller, Deputy
City Manager.
Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Owens, to
approve Resolution No. R2002-131.
Gary Cook, 2947 E. Broadway, with* Shadow Creek Ranch addressed Council and gave
a brief PowerPoint presentation regarding the Third Annual Report for Tax Increment
Reinvestment Zone No. 2 and an update of the construction in Shadow Creek Ranch.
David Tinney, 2929 Briarpark Drive, with LJA Engineering addressed Council and gave
a brief presentation regarding additional lakes, construction of streets, and other
sections of development within Shadow Creek Ranch.
Brief discussion ensued between City Council, Mr. Cook and Mr. Tinney regarding
Shadow Creek Ranch Development.
Lengthy discussion took place between City Council, Patty Knudson Joiner, Deputy City
Manager Alan Mueller, and City Manager Bill Eisen regarding the footnotes in the Tax
Increment Reinvestment Zone No. 2 Report as well as the Tax Increment Reinvestment
Zone No. 2 Plan.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. 2002-130 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE
REHABILITATION OF CLARIFIERS LOCATED AT THE LONGWOOD AND BARRY
ROSE WASTE WATER TREATMENT FACILITIES. Mr. Jerry Burns, Public Works
Director.
Councilmember Seeger made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2002-130.
City Manager, Bill Eisen, stated this is for the replacement of clarifiers at two of the
wastewater treatment plants. Originally, the budget set aside was $300,000 but a
decision was made to go to a stainless steel product which has a much longer life.
There are additional funds available due to other projects that were funded from this
same source coming in under budget. The time schedule for this project is set for 180
days.
Page 10 of 16 — 8/26/2002
Brief discussion ensued between Council and Staff regarding algae sweeps for the
project and the use of stainless steel clarifiers.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 1074 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE AN EASEMENT FOR THE
CONSTRUCTION OF WATER AND SEWER LINES ON CERTAIN REAL PROPERTY
DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE,
AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO
ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE,
OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING
AN EMERGENCY AS THE CONSTRUCTION OF WATER AND SEWER LINES
BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City
Attorney.
Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to
approve Ordinance No. 1074 on its first and only reading.
Gerald Bare, 4005 Manvel Road, addressed Council and stated there should be other
means of acquiring property other than by donation, purchase, or by the exercise of the
power of eminent domain. Subdivisions have their own right-of-ways in their deed
restrictions and does not feel that this in an emergency that bears directly upon the
health, safety and welfare of citizens.
City Manager, Bill Eisen, stated when easements are required and the City is not able to
reach an agreement with property owners on compensation for the easements, then
condemnation is one of the options that has to be considered. One of the elements of
that process, which 'is a state law dictated process, is that at the beginning of that
process have the Council declare a need for the improvements as a public necessity.
This ordinance is step one of that process which is dictated by state law.
City Attorney, Darrin Coker, stated that if the City makes any improvements, such as
water or sewer lines, they have to be located within the City's right-of-way. Sometimes
the City does not have the right-of-way to install water or sewer lines so it has to acquire
the right-of-way and pay fair market value for that property to anyone the City has to
acquire the land from. Condemnation is the last resort to acquire property by that
Page 11 of 16 — 8/26/2002
process.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid, with concurrence of Council, stated that the following two items would be
acted upon together.
COUNCIL ACTION — RESOLUTION NO. 2002-133 — 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 INTEGRA
REALTY RESOURCES FOR APPRAISAL SERVICES ASSOCIATED WITH THE YOST
ROAD PROJECT. Mr. Bill Eisen, City Manager.
COUNCIL ACTION — RESOLUTION NO. 2002-134 - 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 INTEGRA
REALTY RESOURCES FOR APPRAISAL SERVICES ASSOCIATED WITH THE
CULLEN ROAD PROJECT. Mr. Bill Eisen, City Manager.
Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to
approve Resolution No.'s R2002-133 and R2002-134.
City Manager, Bill Eisen, stated these items are for real estate appraisal services to be
performed as part of the bond related projects.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. 2002-135 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL AGREEMENTS NECESSARY TO THE HOUSTON-
GALVESTON AREA COUNCIL SOLID WASTE GRANT FOR THE CONSTRUCTION
OF A RECYCLING CENTER. Mr. Chris Kidwell, Administrative Analyst.
Mayor Pro -Tem Owens made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2002-135.
Page 12 of 16 — 8/26/2002
City Manager, Bill Eisen, stated the City has received a grant through the Houston -
Galveston Area Council for construction of the initial operating costs of a Recycling
Facility. The budget assumptions were previously based upon receiving an
approximate $250,000 grant, however, this grant . award is for $468,000. - Staff's
recommendation is to formally accept the grant and enter into any contracts that would
be necessary to accept the grant.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1076 - AN APPROPRIATION ORDINANCE
ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002,
AND ENDING SEPTEMBER 30, 2003. Mr. Bill Eisen, City Manager.
Councilmember Marcott made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 1076 on its first reading.
City Manager, Bill Eisen, stated the total amount for the General Fund is $27,021,448,
the Interest and Sinking Fund is $6,410,265, Water and Sewer Fund is $8,455,477 for
operating expense and necessary capital outlay, and Water and Sewer Fund is
$1,834,525 for the purpose of paying principal and interest on Water and Sewer
Revenue Bonds. Therefore, the amount of request in the budget this year is
approximately $44,000,000, which does not include capital funds.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1077 - AN ORDINANCE LEVYING TAXES
FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY
OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING
FUND OF THE TAXABLE YEAR 2002, AND APPORTIONING EACH LEVY FOR THE
SPECIFIC PURPOSE. Mr. Bill Eisen, City Manager.
Councilmember Seeger made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 1077 on its first reading.
Page 13 of 16 — 8/26/2002
City Manager, Bill Eisen, stated this is for the formal adoption of the proposed tax rate.
The tax rate is set at $0.686 per $100 of property value, which is the same as the
current rate.
Voting "Aye" Councilmembers Seeger, Marcott, Owens; Viktorin, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 10:00 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.072 — REAL PROPERTY: DISCUSSION
REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL
PROPERTY — FOR REGIONAL DETENTION FACILITIES.
Mr. Darrin Coker, City Attorney.
2. SECTION 551.072 — REAL PROPERTY: DISCUSSION
REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL
PROPERTY — FOR CITY FACILITIES. Mr. Darrin Coker, City
Attorney.
3. SECTION 551. 071 — CONSULTATION WITH CITY ATTORNEY -
REGARDING PENDING LITIGATION — ANTHONY WELDED
PRODUCTS VS. CITY OF PEARLAND. Mr. Darrin Coker, City
Attorney.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 11:00 p.m.
COUNCIL ACTION — REGARDING PROPERTY FOR THE ACQUISITION — FOR
REGIONAL DETENTION FACILITIES. Mr. Darrin Coker, City Attorney.
No Council action taken.
COUNCIL ACTION — REGARDING PROPERTY FOR THE ACQUISITION — FOR CITY
FACILITIES. Mr. Darrin Coker, City Attorney.
Page 14 of 16 — 8/26/2002
No Council action taken.
COUNCIL ACTION - REGARDING PENDING LITIGATION — ANTHONY WELDED
PRODUCTS VS. CITY OF PEARLAND. Mr. Darrin Coker, City Attorney..
The following items were previously tabled until after Executive Session at which time a
motion was made and approved to remove from the table for further consideration.
Mayor Reid, with concurrence of Council, stated that the following two items would be
acted upon together.
FIRST READING OF ORDINANCE NO. 509-602 — 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 11.515 ACRES, LOTS 32 AND
LOT 33, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, A-504,
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1057) (1930 GARDEN ROAD)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
COMMERCIAL DISTRICT (C) AT THE REQUEST OF CITY OF PEARLAND, AGENT
FOR ANTHONY WELDED PRODUCTS, INC., 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. 509-606 — 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 PART OF LOT 32 AND LOT 33,
SECTION 8 OF THE H. T. & B. R.R. COMPANY SURVEY, A-504, AS SHOWN BY THE
ALLISON RICHEY GULF COAST HOME COMPANY PLAT, VOLUME 2, PAGE 23,
PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1058) (1854
GARDEN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF, CITY OF
PEARLAND, AGENT FOR F.F.&E. FAMILY LIMITED PARTNERSHIP, 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.
Page 15 of 16 — 8/26/2002
Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to
approve Ordinance No. 509-602 (Application No. 1057) and Ordinance No. 509-606
(Application No. 1058) on their first reading.
Mayor. Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Application No.'s 1057 and 1058.
Stephen G. Pappas, 6926 Sharon Drive, addressed Council and stated he is opposed
to both zone changes.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, and Seeger.
Voting "No" Councilmember Marcott.
Motion Passed 4 to 1.
ADJOURNMENT
Meeting was adjourned at 11:02 p.m.
Minutes approved as submitted and/or corrected this the 9 day of September
2002.
Tom Reid
Mayor
ATTEST:
Page 16 of 16 — 8/26/2002