2003-04-14 CITY COUNCIL REGULAR MEETING MINUTES33
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON APRIL 14, 2003, 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; Executive Director of Economic Development
Corporation Fred Welch; Police Chief J. C. Doyle; City Engineer John Hargrove; Public
Affairs Liaison Lynn Munford; Director of Finance Mary Ross; Public Works Director
Jerry Burns; Project Director Joe Wertz.
The invocation was given by Councilmember Viktorin and the Pledge of Allegiance was
led by City Police Chief J. C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported on March 25 he gave a tour to Jr. High School students at City
Hall, attended a Rotary Club "State of the City", and a Ribbon Cutting Ceremony for
PACE School; March 26 he attended a Joint City/Drainage District Meeting; March 27
he attended a Ribbon Cutting Ceremony for Wal-Mart at SH 288, a Ribbon Cutting
Ceremony for Classic Cafe, and a meeting with the Cloverfield Manager; March 28 he
attended a Scout Breakfast at the Country Club, a Transportation Policy Council Board
of Directors Meeting, and a Tri -County Chamber Luncheon; March 29 he attended a
Classical Arts Event at the Hinou Temple and a Ribbon Cutting Ceremony for Paul
Fredrick Memorials; March 30 he attend a Ground Breaking of Silverlake Church; March
31 he attended a High School Open House; April 1, he attended the AARP Monthly
Meeting, Sablatura School Environmental Fair, Ribbon Cutting Ceremony for the
Hampton Inn, and met with the Chamber President Carol Artz; April 2 attended the
HGAC Legislative Committee Meeting, Chamber Business Expo, and the TML Region
14 Quarterly Meeting; April 4 he attended the Partners for Pearland fund raiser Meeting;
April 7 he attended an Agenda Meeting; April 8 he spoke to the High School Social
Science Classes; April 9 he attended an Adult Reading Board of Directors Meeting, and
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spoke to Scout Troop 464; April 10 he attended the Harris County Breakfast for Judge
Eckels, the Pearland Clinic Ribbon Cutting Ceremony, met with Alvin College Staff, and
met with Bay Area Transportation Partnership; April 14 attended a PEDC Special
Meeting.
Mayor Reid and Councilmember Marcott presented a Proclamation to the Department
of Fair Housing and proclaimed April 2003 as "Fair Housing Month".
Mayor Reid and Councilmember Viktorin presented a Proclamation to the Knights of
Columbus and proclaimed April 26, 2003 as the "16th Annual Crawdad Jamboree Day".
The Knights of Columbus Chairman gave a brief description of the Annual Crawdad
Jamboree and the charities that benefit from this event.
COUNCIL ACTIVITY REPORTS:
Councilmember Tetens passed.
Councilmember Viktorin reported on April 10 he attended the Bay Area Transportation
Partnership Meeting.
Mayor Pro -Tem Owens reported on April 10 he attended the Harris County Breakfast for
Judge Eckels.
Councilmember Marcott reported on March 29 he attended the Keep Pearland Beautiful
Hazardous Waste Collection Day; April 1 he attend the Hampton Inn Ribbon Cutting
Ceremony; April 5 he attended the Keep Pearland Beautiful Pick Up Trash Day; April 12
—13 he attended the Parks and Recreation Craft Show.
Councilmember Seeger reported on April 10 he attended the Bay Area Transportation
Partnership Meeting.
CITY MANAGER'S REPORT
City Manager, Bill Eisen, stated the City would be closed on April 18 in observance of
Good Friday. He stated Citizens of Pearland would be having a Support the Troops
Rally possibly on April 26, 2003.
Mayor Tom Reid stated Pearland would be having a Support the Troops Rally on April
26, 2003.
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CITIZENS
W
Cynthia Vasek, 1812 Oakbrook Circle, addressed Council and stated she had a
problem with her new water meter. She stated while mowing her lawn on April 4, 2003
she drove over her water meter and her lawn mower was damaged. She further stated
she was able to mow over her old meter, but the new one has damaged her mower.
Ms. Vasek stated with the City Secretary concerning the problem and wrote a letter for
her claim. Ms. Vasek received a letter from the City's Insurance Company stating that
the City was not liable for her mower. Ms. Vasek wants to contact the Contractor
regarding the installation of the meter and she has spoken with the City Manager and
City Attorney and they are willing to help her with this information. The lawn mower now
passes over the meter and she thinks that the meter has been seated properly since the
incident. She stated she would like to get some help with this current situation.
Dale Pillow, 2302 Meadow Green, addressed Council and stated she is currently a
member of Keep Pearland Beautiful. On Saturday April 12, 2003 she and Linda Cowles
drove around Pearland for an hour and found possible sign and banner infractions. She
stated there are current problems with political signs being placed in the City's right-of-
way. Ms. Pillow stated that the Keep Pearland Beautiful members would like to be
deputized as part of the City in order to help out with future needs for the City. She
stated affidavits would need to be signed by the landowner's stating political signs can
be placed on their properties. She stated during the Hazardous Waste Collection Day
the flow of people was very good and over 117,000 lbs of materials was received, 677
cars dropped off materials, and 919 households participated in the event. She also
stated that fewer funds were used this year to dispose the materials. Ms. Pillow further
stated some of the results from the Pick Up Trash Day.
Cara Campbell, 2723 Manvel Road Bypass, addressed Council and stated she has
concerns about the closure of the Manvel Road Bypass. She stated normally when
work is scheduled to take place on the road she is notified, however, she did not receive
any notification regarding the current closure of the road. She stated she did call the
City and was informed the road could be closed permanently and also was given
information to call Texas Department of Transportation. She spoke with the Texas
Department of Transportation regarding the matter and she is concerned about her
property investment. She stated she has contacted an attorney to establish what are
her current legal rights.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES:
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1. Minutes of the February 25, 2003, Public Hearing held at 6:30 p.m.
2. Minutes of the March 11, 2003, Public Hearing held at 6:30 p.m.
3. Minutes of the March 24, 2003, Public Hearing held at 6:00 p.m.
4. Minutes of the March 24, 2003, Regular Council Meeting at 7:30 p.m.
5. Minutes of the April 7, 2003, Special Council Meeting at 7:00 p.m.
B. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING
OF ORDINANCE NO. 1103 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE
AND NECESSITY TO ACQUIRE RIGHT-OF-WAY FOR THE CONSTRUCTION
OF DRAINAGE IMPROVEMENTS 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 MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON
THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND
PROVIDING AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-55 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AWARDING A UNIT PRICE SUPPLY CONTRACT FOR PORTABLE
THERMAL IMAGING CAMERAS AND ACCESSORY EQUIPMENT. Mr. Gordon
Island, Purchasing Officer.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Owens, to
adopt Consent Agenda Items A through C, as presented on the Consent Agenda.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
NEW BUSINESS
Mayor Reid, with concurrence of Council, moved to New Business Item No. 9.
COUNCIL ACTION — RESOLUTION NO. R2003-54 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE RESULTS OF
THE CITY'S ANNUAL FINANCIAL AUDIT AS PREPARED BY THE ACCOUNTING
FIRM OF PATTILLO, BROWN AND HILL. Ms. Mary Ross, Director of Finance.
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Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to
approve Resolution No. R2003-54.
City Manager, Bill Eisen, stated law requires an annual audit and Pattillo, Brown and Hill
performed the audit. He stated one of the partners of the firm would briefly speak on
the results of the audit.
John Manning of Pattillo, Brown and Hill, addressed Council and gave a report
regarding the annual financial audit. He highlighted on the Independent Auditor's
Report, City's balance sheet, accounts payables, income statement, and Federal Grant
spending.
Discussion ensued among Council, Staff, and Pattillo, Brown and Hill regarding the
annual financial audit.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid, with concurrence of Council, moved back to New Business Item No. 1.
FIRST READING OF ORDINANCE NO. 509-644 — 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 3.044 ACRES OUT OF A 9.35
ACRE TRACT, JOHN W. MAXEY SURVEY, A-721, AND A 9.66 ACRE TRACT BEING
A PART OF LOT 14 AND 15, ALLISON RICHEY GULF COAST HOME COMPANY
SUBDIVISION, SECTION 20, H.T. & B.R.R. COMPANY SURVEY, A-506, BRAZORIA
COUNTY, TEXAS (F.M. 518 AT SUNRISE BOULEVARD) (APPLICATION NO. 1090)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF GARY FERGUSON,
AGENT FOR FM 518 WEST LIMITED, 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 Marcott, to
approve Ordinance No. 509-644 (Application No. 1090) on its first reading.
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Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council the approval of Application No. 1090.
City Manager, Bill Eisen, stated this property is located east of Sunrise Boulevard and
the applicant is requesting the zoning of General Business District for retail office use.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-645 — 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 33, WESTCHESTER
ESTATES, BRAZORIA COUNTY, TEXAS (MANVEL ROAD)(APPLICATION NO. 1083)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO OFFICE
PROFESSIONAL DISTRICT (OP) AT THE REQUEST OF JOHNNY SIMS, AGENT
FOR MICHAEL RUDNICKI, 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
approve Ordinance No. 509-645 (Application No. 1083) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council the approval of Application No. 1083.
City Manager, Bill Eisen, stated this property is located on the left side of Manvel Road
near the intersection of Manvel Road and Manvel Road Bayou.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-646 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
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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
MANUFACTURED HOUSE TO BE PLACED IN A SUBURBAN DEVELOPMENT
DISTRICT (SD) ON THE FOLLOWING PROPERTY, BEING LOT 3, DETENBECK AND
BARNHART SUBDIVISION, BRAZORIA COUNTY, TEXAS (5909 BARDET) (SPECIFIC
USE NO. 125) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO SUBURBAN DEVELOPMENT DISTRICT - SPECIFIC USE (SD -(S)) AT THE
REQUEST OF WAYNE AND BERTA HALES, 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 Seeger made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 509-646 (Specific Use Application No. 125) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council the approval of Specific Use Application No. 125.
City Manager, Bill Eisen, stated this item involves an existing manufactured home on
suburban development zoned property. The specific use permit would allow the home
to remain on the property meeting the terms and conditions of the ordinance.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-647 — 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 10 OF SEDDON ACRES,
AN UNRECORDED SUBDIVISION BEING OUT OF THE SOUTH ONE-HALF OF LOT
51 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF
SECTION 19, H.T. & B.R.R. SURVEY, ABSTRACT 243, BRAZORIA COUNTY, TEXAS
(SEDDON ROAD) (APPLICATION NO. 1089) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT
THE REQUEST OF CINDY PETRASH, OWNER, PROVIDING FOR AN AMENDMENT
OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
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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. 509-647 ( Application No. 1089) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council the approval of Application No. 1089.
City Manager, Bill Eisen, stated this item would allow the construction of a single family
home.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-648 — 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 10.125 ACRES OUT OF LOT 6
OF THE ALLISON RICHEY GULF COAST HOMES SUBURBAN GARDENS
SUBDIVISION OF SECTION 21, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 309,
BRAZORIA COUNTY, TEXAS (FITE ROAD) (APPLICATION NO. 1092) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-1) AT THE REQUEST OF CHRIS HILLMAN, AGENT FOR
SANDEEP PATEL, 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 Councilmember Tetens, to
approve Ordinance No. 509-648 (Application No. 1092) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council the approval of Application No. 1092.
City Manager, Bill Eisen, stated this item would allow the construction of a single family
home.
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r_ Councilmember Marcott stated the current road alignment would need to be maintained
due to the current cross street. He stated the roads would need to be aligned and not
placed at different angles.
Brief discussion ensued among Council and Staff regarding the alignment of the roads.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Seeger.
Voting "No" None.
Voting "Abstain" Councilmember Viktorin.
Motion Passed 4 to 0, with 1 abstaining.
FIRST READING OF ORDINANCE NO. 509-649 — 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 1.89 ACRES OUT OF LOT 8,
RICHLAND ACRES, ABSTRACT 509, H.T.& B.R.R. COMPANY SURVEY, BRAZORIA
COUNTY, TEXAS (3549 AUBRELL ROAD) (APPLICATION NO. 1091) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT
SINGLE FAMILY DWELLING DISTRICT (R -E) AT THE REQUEST OF JAMES
SCHLUNTZ, 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 Tetens, to
approve Ordinance No. 509-649 (Application No. 1091) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council the approval of Application No. 1091.
City Manager, Bill Eisen, stated this item involves rezoning of the property to allow
construction of a single family home.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
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FIRST READING OF ORDINANCE 1102 - AN ORDINANCE EXTENDING THE CITY
LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA
WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF
PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES
(BRAZORIA COUNTY MUNICIPAL DISTRICT NO. 4); APPROVING A SERVICE PLAN
FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING
OTHER PROVISIONS RELATED TO THE SUBJECT; CONTAINING A SAVINGS AND
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker,
City Attorney.
Councilmember Marcott made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 1102 on its first reading.
City Manager, Bill Eisen, stated agenda item numbers 7 & 8 are related to the
annexation of Municipal Utility District No. 4. This includes the Strategic Partnership
Agreement providing annexation to take place on December 31, 2012. Two Public
Hearings have been held regarding the annexation and Strategic Partnership
Agreement. .
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2003-58 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A STRATEGIC PARTNERSHIP
AGREEMENT AND SALES AND USE TAX AGREEMENT WITH BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 4. Mr. Darrin Coker, City Attorney.
Councilmember Seeger made the motion, seconded by Councilmember Marcott, to
approve Resolution No. R2003-58.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2003-61 — RESOLUTION AUTHORIZING
PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF
OBLIGATION IN A PRINCIPAL AMOUNT NOT TO EXCEED $20,100,000 FOR THE
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ACQUISITION, CONSTRUCTION AND IMPROVEMENT OF CERTAIN PUBLIC
WORKS, AUTHORIZING DISTRIBUTION OF A PRELIMINARY OFFICIAL
STATEMENT RELATING TO SUCH CERTIFICATES AND AUTHORIZING CERTAIN
OTHER MATTERS RELATING THERETO. Mr. Bill Eisen, City Manager.
Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to
approve Resolution No. R2003-61.
City Manager, Bill Eisen, stated this item has been discussed at two previous
workshops. This item would allow funding for current City projects.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 1104 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 20,
OFFENSES AND MISCELLANEOUS PROVISIONS, OF THE CITY OF PEARLAND
CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME,
AMENDED, TO ADD SECTION 20-14, TO BE ENTITLED FOCUSED RESIDENTIAL
PICKETING; HAVING A PENALTY CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN
EFFECTIVE DATE, AND DECLARING AN EMERGENCY BECAUSE THE NEED TO
REGULATE FOCUSED RESIDENTIAL PICKETING INURES TO THE BENEFIT OF
THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY
AND WELFARE OF THE CITIZENRY.
Mr. Darrin Coker, City Attorney.
Councilmember Viktorin made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 1104 on its first and only reading.
City Manager, Bill Eisen, stated workshops have taken place regarding this item. The
concern was brought about due to residential picketing that took place last year. An
evaluation has taken place regarding the U.S. Constitution and the Freedom of Speech
as it relates to picketing.
City Attorney, Darrin Coker, stated the ordinance is related to the ordinance from a U.S.
Supreme Court Case originating from a neighborhood protest. The determination was
any protesting of a specific resident could be prohibited with limitations narrowly
tailored. Freedom of speech and the right of a person to have peace and enjoyment in
^_ their home have standing with the ordinance.
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Discussion ensued among Council and the City Attorney regarding Freedom of Speech
and a person to have peace and enjoyment in their home.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2003-56 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT
WITH CARTER AND BURGESS, INC., FOR CONSTRUCTION MANAGEMENT AND
GEOTECHNICAL SERVICES ASSOCIATED WITH THE FM 518 SEWER PROJECT.
Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Owens made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2003-56.
City Manager, Bill Eisen, stated this item is a proposed agreement for subcontracting
with Carter and Burgess, Inc. for construction services in the amount of $199,501.00.
Councilmember Marcott, stated the agreement states 2,169 personal hours ensured for
supervision. He asked would these hours go towards soil problems.
Project Director, Joe Wertz, stated these hours are for a full time inspection of the job.
Mayor Pro -Tem Owens, asked during the time of the contract was provisions for open
cut or tunneling for sewer lines placed in the contract.
Project Director, Joe Wertz, stated the area has developed very intensely in a short
period of time and it was recognized in the plans; this is the reason for the construction
management contract. He stated another reason would be to help with individual issues
of the construction process.
Discussion ensued among Council and Project Director Joe Wertz regarding the bid and
construction services.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
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Mayor Reid recessed the meeting at 9:15 p.m.
Mayor Reid called the meeting back to order at 9:25 p.m.
FIRST READING OF ORDINANCE NO. 1105 AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT
OF SWIMMING POOL PLUMBING INTO A UTILITY EASEMENT. Mr. Darrin Coker,
City Attorney. _
Councilmember Marcott made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 1105 on its first reading.
City Manager, Bill Eisen, stated this would waive the encroachment of swimming pool
plumbing into a utility easement.
City Attorney, Darrin Coker, gave a brief explanation of the ordinance.
Voting "Aye Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2003-59 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING INTENTION TO
REIMBURSE PROJECT EXPENDITURES. Mr. Bill Eisen, City Manager.
Councilmember Seeger made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2003-59.
City Manager, Bill Eisen, stated this item would provide expenditures for reimbursement
proceeds.
Councilmember Marcott asked would this start the process.
City Manager, Bill Eisen, stated the sale of the bonds started with a previous action
before Council.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
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Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2003-60 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING INTENTION TO
REIMBURSE PROJECT EXPENDITURES. Mr. Bill Eisen, City Manager
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Owens, to
approve Resolution No. R2003-60.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2003-67 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AND ADOPTING THE
PLANNING AND ZONING COMMISSION RULES OF PROCEDURE. PLANNING &
ZONING RULES AND PROCEDURES. Mr. Tobin Maples, Executive Director of
Community Services.
Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to
approve Resolution No. R2003-57.
Mayor Reid stated slight changes need to be made to Resolution No. R2003-57
regarding scheduling and wording.
City Attorney, Darrin Coker, stated those clerical changes would be made to the
Resolution.
Discussion ensued among Council and Staff regarding portions of the resolution.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - REMOVE FROM THE TABLE ORDINANCE NO. 1096.
Mr. Darrin Coker, City Attorney.
Mayor Pro -Tem Owens made the motion, seconded by Councilmember Tetens, to
remove Ordinance No. 1096 from the table.
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Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
SECOND AND FINAL READING OF ORDINANCE NO. 1096 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A
CERTAIN SEVENTY FOOT (70') WIDE RIGHT-OF-WAY EASEMENT LOCATED IN
THE H. T. & B. R. R. CO. SURVEY, ABSTRACT 551 AND 303 AS TO LOTS 161, 162,
THE WEST PART OF 163 AND PART OF LOT 164 WITHIN THE CORPORATE
CITY LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS
CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE. Mr. Darrin Coker, City Attorney.
Mayor Pro -Tem Owens made the motion, seconded by Councilmember Viktorin, to
approve Ordinance No. 1096 on its second and final reading and amend the effective
date as recommended by the City Attorney.
City Manager, Bill Eisen, stated this item relates to the abandoning of a seventy foot
wide right-of-way by the City.
Discussion ensued among Council and Staff regarding the effective date of
abandonment and compensation for the right-of-way.
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 9:45 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.072 — DISCUSSION WITH CITY ATTORNEY -
REGARDING THE ACQUISITION OF PROPERTY — GARDEN ROAD
INTERSECTION. Mr. Darrin Coker, City Attorney.
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2. SECTION 551.074 - PERSONNEL - ANNUAL EVALUATION OF THE
CITY MANAGER. City Council.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 11:53 p.m.
COUNCIL ACTION — DIRECTION TO STAFF REGARDING THE ACQUISITION OF
PROPERTY — GARDEN ROAD INTERSECTION. City Council.
This item was passed with no Council action taken.
COUNCIL ACTION - REGARDING THE ANNUAL EVALUATION OF THE CITY
MANAGER. City Council.
Councilmember Tetens made the motion, seconded by Councilmember Marcott, to
adjust the salary of the City Attorney as discussed in the Executive Session.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RATIFICATION OF THE CITY MANAGER'S APPOINTMENT OF
A DIRECTOR OF FINANCE, FIRE MARSHAL AND DIRECTOR OF PARKS AND
RECREATION. Mr. Bill Eisen, City Manager.
Councilmember Tetens made the motion, seconded by Councilmember Marcott, to
ratify the following appointments of Mary Ross as Director of Finance, Steve Chapman
as Fire Marshal, and Tom Grieve as Director of Parks and Recreation.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
ADJOURNMENT
Meeting was adjourned at 11:55 p.m.
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Minutes approved as submitted and/or corrected this 28th day of A A.D., 2003.
Tom Reid
Mayor
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