2002-09-09 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON SEPTEMBER 9, 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
City Manager
City Attorney
City Secretary
Absent: Councilmember Larry Marcott
Tom Reid
Woody Owens
Richard Tetens
Charles Viktorin
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; Parks and Recreation Director Ed Hersh; Director of Human Resources and
Safety Management Mary Hickling; Assistant City Attorney Nghiem Doan; Project
Director Joe Wertz; Assistant Police Chief Johnny Spires; Public Affairs Liaison Lynn
Munford; and Public Works Superintendent Cecil Bowery.
The invocation was given by Councilmember Charles Viktorin and the Pledge of
Allegiance was led by City Manager Bill Eisen.
MAYOR'S ACTIVITY REPORT
Mayor Reid presented a proclamation to Executive Director of the Adult Reading Center
Dale Pillow and members of the board proclaiming the month of September 2002, as
"Adult Literacy Month". Executive Director Dale Pillow stated there is an open house
scheduled for September 17, 2002. They will be hosting the Chamber of Commerce
Business After Hours from 5:00 p.m. to 7:00 p.m. at the Center and invited everyone to
come by and visit the Adult Reading Center's operation. She further stated that if
everyone taught someone else how to read there would not be an illiteracy problem in
the community.
Mayor Reid, Mayor Pro -Tem Owens, and City Manager Bill Eisen presented to Pearland
Police Department, Pearland Volunteer Fire Department, and Pearland Fire Marshal
and Emergency Management Office, proclamations "Recognizing September 11, 2001",
and proclaiming Wednesday, September 11, 2002, as "National and Community Hero
Recognition Day in Pearland". Mayor Reid stated that this is to honor those Pearland
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but has large bank products and services. He further stated he would like the
recommendation to be reconsidered and feels that Moody Bank has the best service to
offer the City.
Mayor Pro -Tem Owens stated all avenues need to be explored and the City needs to
spend time with representatives from the various banks.
City Manager, Bill Eisen, stated the timing might be a problem since there are three
weeks left before the fiscal year begins. He asked Linda Patterson, Consultant, if this
would be enough time to make the transition.
Linda Patterson with Patterson and Associates addressed Council and stated it will take
approximately three weeks for the conversion of the City's bank depository once the bid
is awarded.
Mayor Pro -Tem Owens suggested that Mr. Eisen and the City's Finance Department
spend time with the top three banks that submitted proposals and see how the banks
feel about it on a direct one on one. After visiting with the banks, Staff can come back
to Council at the next meeting and can go ahead and do whatever needs to be do on it.
Discussion ensued between Council, Mr. Eisen, and Linda Patterson with Wells Fargo
regarding the bank depository services.
Voting "Aye" Councilmembers Seeger, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Marcott absent.
COUNCIL ACTIVITY REPORTS
Councilmember Tetens, Viktorin, Owens, and Seeger passed on giving a report due to
time constraints.
With concurrence of Council, Mayor Reid returned back to the City Manager's report.
CITY MANAGER'S REPORT
City Manager, Bill Eisen, introduced the new Public Relations Liaison, Lynn Munford.
He further stated he would gather cost estimates on a sidewalk for McLean and
Magnolia Roads. Early voting is going on for the upcoming Special Election on
September 14, 2002. As of today, there are 309 votes. Early voting will end tomorrow
with locations being City Hall and the Epiphany Lutheran Church. Election Day the
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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.
D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-601 — 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 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
TRACT 2: .0745 ACRES, BEING PART OF LOT 19, ALLISON RICHEY GULF
COAST HOME COMPANY, F.B. DRAKE SURVEY, A-504, BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 1054) (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.
E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-605 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 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.
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~- 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.
J. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. 2002-139 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING A BOND ORDER OF BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 3 AUTHORIZING THE ISSUANCE OF $2,920,000
UNLIMITED TAX AND REVENUE BONDS, SERIES 2002. Mr. Darrin Coker,
City Attorney.
K. CONSIDERATION AND POSSIBLE ACTION. - SUBDIVISION ACCEPTANCE
OF PARK VILLAGE SECTION 6. Mr. John Hargrove, City Engineer.
Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to
adopt Consent Agenda Items A through K, as presented on the Consent Agenda.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Marcott absent.
MATTERS REMOVED FROM CONSENT AGENDA
None.
NEW BUSINESS
COUNCIL ACTION — REMOVE FROM TABLE ACTION REGARDING THE
SELECTION OF A MEDICAL AND LIFE INSURANCE PROVIDER FOR THE CITY OF
PEARLAND EMPLOYEES. Mr. Bill Eisen, City Manager.
Councilmember Viktorin made the motion, seconded by Councilmember Tetens, to
remove from the table.
Voting "Aye" Councilmembers Seeger, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Marcott absent.
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be an issue at renewal time. At renewal time, ask for the renewal stating that it does not
include commission, as it will be on October 1.
Discussion ensued between Council and City Manager Bill Eisen regarding medical and
life insurance for City of Pearland employees:
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Marcott absent.
COUNCIL ACTION — RESOLUTION NO. 2002-136 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING AN AMENDED
INVESTMENT POLICY IN ACCORDANCE WITH CHAPTER 2256 OF THE
GOVERNMENT CODE ("PUBLIC FUNDS INVESTMENT ACT") FOR PURPOSES OF
INVESTING CITY FUNDS IN STATE AUTHORIZED SECURITIES. Ms. Cynthia Soto,
Interim Director of Finance.
Passed with no Council action taken.
COUNCIL ACTION — RESOLUTION NO. R2002-141 - 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
HARRIS COUNTY ASSOCIATED WITH THE DIXIE FARM, YOST/SCARSDALE AND
BARRY ROSE/HUGHES ROAD PROJECTS. Mr. Alan Mueller, Deputy City Manager.
Mayor Pro -Tem Owens made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2002-141.
City Manager, Bill Eisen, stated there are two proposed amendments to the agreement
that are being considered. Since preliminary work has been done by Harris County on
the project, Harris County has done an updated estimate based on actual unit prices of
recent bids. Due to the updated estimate on the cost of the bridge which is to be shared
under the terms of the agreement, there will be an additional projected cost to the City
of $400,000 for its proportioned share. There are still issues being looked at that may
result in those costs being lowered. It is still under evaluation at this time. The second
proposed agreement, which the original agreement indicated preliminary engineering
drawings would be done on Barry Rose and Yost. The feeling of the two parties was
that those terms were a little vague and that wording is proposed to be changed to a
preliminary engineering report. The specific documents would make up that preliminary
engineering report specified in the agreement itself..
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AUTHORIZATION #4 SUPPLEMENT #3 FOR ENGINEERING SERVICES
ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM.
Mr. Bill Eisen, City Manager.
Mayor Pro -Tem. Owens made the motion, seconded by Councilmember Tetens, to table
Resolution No. R2002-140.
City Manager, Bill Eisen, stated that a lot of the preliminary engineering work for the
drainage improvements in the South Corrigan area has been completed. This contract
is for additional geotechnical services. The major issue being considered is the final
design element for the bypass ditch and the internal improvements to the storm sewer
system within the subdivision itself as well as any work associated with rerouting water
to the detention pond.
Norma Burkett, 2922 Hatfield Road, addressed Council and stated this directly affects
her, her family and her business. She further stated that she is opposed to the City
acquiring her land for drainage.
Janet Lollis, 3250 Hatfield Road, addressed Council and stated when Mary's Creek
rises it backs up the ditch that runs through the middle of Corrigan and they flood and
now the City wants to put another ditch back there. She further stated she is opposed
to the City creating a retention pond and acquiring 150 feet of her land for drainage and
would like to know why she was not notified of this action.
Martha Foster Roberts, 14710 Hatfield Road, addressed Council and stated she is
opposed to the City acquiring her land for drainage and does not see how the retention
pond will help Corrigan's drainage problems. She further stated she would like to know
why property owners were not notified.
Yolanda Aguilar, 3139 Hatfield Road, addressed Council and stated she owns three
acres of land and is opposed to the City acquiring almost an acre of her land. She
further stated that the City needs to take into consideration how it will affect everyone in
this area.
Art Ramos, 2950 Hatfield Road, addressed Council and stated he has lived on this land
for twenty years and is opposed to the City acquiring part of his land. He further stated
this impacts his entire family since his children were planning to use this land to build a
home.
Rubyn Mendez, 2914 Hatfield Road, addressed Council and stated his father purchased
this land twenty-seven years ago and his dream was to build a business there. His
father is now deceased and his mother now lives there and he and his family had future
plans for this land. He understands what the City is trying to do to help Corrigan but
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Mike Karydas, 5401 Carmona, addressed Council and stated he lives in Corrigan and
would like to reach .a solution to the flooding problem that is workable for Corrigan and
the residents on Hatfield Road.
City Manager, Bill Eisen, stated the ditch included in the design runs west of Hatfield
Road through the properties of the residents who previously spoke that live on or near
Hatfield Road. He further stated quite a few alternatives have been looked at but it is
clear there are some issues that affect property owners outside of the Corrigan
subdivision. If Council chooses; Staff can go back and look at some of the other
alternatives again and see if there is something that might have been missed and see if
there is a solution for Corrigan that would address a lot of the issues there but have less
impact on the surrounding properties.
Craig Hester with ' Turner, Collie and Braden stated that a lot of alternatives were
investigated and they all had impacts. From what they determined the alternative going
forward at this time is the one that has the fewest impacts.
Discussion ensued between Council and Staff regarding a suggestion to citizens on
Hatfield Road to appoint someone to contact Staff and to keep other citizens informed,
and to come up with a time and date to meet with those citizens and to contact the City
Manager when those things have been decided.
Voting "Aye" Councilmembers Seeger, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Marcott absent.
COUNCIL ACTION — RESOLUTION NO. 2002-137 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE A CHANGE ORDER FOR INFLOW
AND INFILTRATION WORK ASSOCIATED WITH THE DIXIE HOLLOW SERVICE
AREA. Mr. Bill Eisen, City Manager.
Councilmember Viktorin made the motion, seconded by Councilmember Seeger, to
approve Resolution No. R2002-137.
City Manager, Bill Eisen, stated as a result of some inflow and infiltration engineering
studies that have been done over the last several years. The City entered into a
contract with BRH Garver, Inc., to do some construction of inflow and infiltration
improvements to the City's sewer system in the Sleepy Hollow subdivision. The original
amount of the contract was approximately $883,000. Since then there has been a
Page 13 of 16 — 9/9/2002
Motion Passed 4 to 0, with Councilmember Marcott absent.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 10:25 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.074 — PERSONNEL MATTERS: REGARDING
APPOINTMENTS TO SERVE ON THE ZONING BOARD OF
ADJUSTMENTS. City Council.
2. SECTION 551.071 — CONSULTATION WITH ATTORNEY:
REGARDING POTENTIAL LITIGATION — REGARDING CIT_ Y
FACILITIES. Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 11:20 p.m.
COUNCIL ACTION — REGARDING APPOINTMENTS TO SERVE ON THE ZONING
BOARD OF ADJUSTMENTS. City Council.
Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to
reappoint Richard Cimprich, appoint Dale Pillow and Anne Talbot to serve as regular
members, and reappoint alternate members Willard Briley, James Lane, and Clyde
Duplissey.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Marcott absent.
COUNCIL ACTION — INSTRUCTION TO THE CITY ATTORNEY REGARDING CITY
FACILITIES. City Council.
No Council action taken.
COUNCIL ACTION - RESOLUTION NO. 2002-143 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A NEED TO
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