2003-04-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON APRIL 28, 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;
Director of Finance Mary Ross; Public Works Director Jerry Burns, Purchasing Officer
Gordon Island.
The invocation was given by Councilmember Viktorin and the Pledge of Allegiance was
led by Police Chief J. C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported on April 15 he attended the HGAC Board of Directors Meeting;
April 16 he attended a Ribbon Cutting Ceremony for TELEFLOCO and the Green Tee
Homeowners' Association Candidate Nite; April 17 he met with the St. Helen's Building
Committee, attended the PEDC CEO Round Table Luncheon, and the Gulf Coast Water
Authority Board of Directors Meeting; April 18 he attended a Developers Meeting for the
Youth Center; April 21 he attended an Agenda Meeting, the School District Education
Improvement Committee Meeting, and Public Hearings; April 22 he attended the Tri -City
"Vital Link" Meeting of School Districts and a Council of PTA's Tree Planting Event; April
23 he attended Commissioner EI Franko Lee's Appreciation Luncheon; April 24 he
attended the Chamber "Seniors Honor Day" Luncheon; April 25 he attended the
Transportation Policy Council Board of Directors Meeting and the Keep Pearland
Beautiful Annual Awards Banquet; April 26 he attended a Rally for the Troops at City
Hall and Cub Scout Troop No. 404 Blue and Gold Banquet.
Mayor Reid presented Proclamations to the Volunteer Fire Department, Emergency
Medical Services Department, and Police Department of Pearland and declared April 27
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— May 3, 2003 as National and "Pearland Volunteer Week".
Brief comments were given by the Organizations receiving the Proclamations.
Mayor Reid and Councilmember Viktorin presented a Proclamation to the Emergency
Medical Services and declared the Month of May 2003 as "Trauma Awareness Month".
Mayor Reid and Councilmember Tetens presented a Proclamation to the Teachers and
declared May 5 — 9, 2003 as "Teacher Appreciation Week".
Brief comments were given by the P.I.S.D. Teachers.
Carol Artz, President of Pearland Hobby Chamber of Commerce introduced Chairman
Ed Thompson.
Chairman Ed Thompson gave a brief presentation regarding the Pearland Chamber of
Commerce 2003 Membership Directory.
Delores Fenwick, Executive Director of Keep Pearland Beautiful, stated on April 25,
2003 Keep Pearland Beautiful hosted their Annual Award Banquet. She presented
Counci►members Klaus Seeger, Richard Tetens, and Charles Viktorin with a "Visionary
Award."
Mayor Reid stated during the "Rally for the Troops" money for phone cards were
collected in order to help the soldiers over seas communicate with their families. He
stated it was a success and a wonderful event.
COUNCIL ACTIVITY REPORTS:
Passed.
CITY MANAGER'S REPORT
City Manager, Bill Eisen, introduced Tom Grieve as the new Director of Parks and
Recreation. Mr. Eisen stated he attended a Crime Prevention Luncheon today and
awards were given during the luncheon. Detective Donald Patterson with the Pearland
Police Department was acknowledged and received an award.
CITIZENS
Michael Klaus, 5016 Groveton, addressed Council and stated he attended a meeting
regarding ground water. He gave a brief report on the meeting. Mr. Klaus stated he
went to the Shadycrest Subdivision and noticed a retaining wall placed between the
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Subdivisions. He stated another subdivision is being developed in the area and his
concerns are different developers doing things differently in the same location.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES:
1. Minutes of the April 14, 2003, Public Hearing held at 7:00 p.m.
2. Minutes of the April 14, 2003, Regular Council Meeting at 7:30 p.m.
3. Minutes of the February 17, 2003, Joint Public Hearing held at 6:30
p.m.
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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.
C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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,
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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.
D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-646 — 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 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.
E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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 RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive
Director of Community Services.
F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-648 — 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 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.
G. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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.
H. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 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.
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I. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
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.
J. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE
OF BELLA VITA SECTION THREE. Mr. John Hargrove, City Engineer.
K. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-65 —
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING
ARRANGEMENT WITH THE HOUSTON-GALVESTON AREA COUNCIL
(HGAC) FOR THE PURCHASE OF A GRADALL EXCAVATOR. Mr. Gordon
Island, Purchasing Officer.
L. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-64 —
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING THE AUTHORIZED REPRESENTATIVES TO THE TEXAS
LOCAL GOVERNMENT INVESTMENT POOL. Ms. Mary Ross, Director of
Finance.
M. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-66 —
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, CHANGING THE REGULAR MEETING TIMES AND DATES FOR MAY
2003. Mr. Darrin Coker, City Attorney.
N. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING
OF ORDINANCE NO. 1106 — 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.
Councilmember Viktorin asked that Consent Agenda Item F be removed from the
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Consent Agenda for further discussion.
Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to
adopt Consent Agenda Items A through N, with the exception of item F, as presented
on the Consent Agenda.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
Councilmember Viktorin asked that Consent Agenda Item F be removed from the
Consent Agenda for further discussion.
F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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 Tetens made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 509-648 on its second and final reading.
Councilmember Viktorin stated he would abstain from voting because the property is
located adjacent to his Mother's property. He stated that since he did not have a vested
monetary interest with the company requesting the re -zoning, he could have voted
during the first reading of this ordinance. However, to remain consistent he would not
vote on the second and final reading of the ordinance.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Tetens.
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Voting "No" None.
Voting " Abstain" Coucilmember Viktorin.
Motion Passed 4 to 0, with 1 abstaining.
NEW BUSINESS
COUNCIL ACTION — RESOLUTION NO. R2003-67 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION OF THE PEARLAND RECYCLING CENTER. Mr. Gordon Island,
Purchasing Officer.
Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to
approve Resolution No. R2003-67.
City Manager, Bill Eisen, stated this item is for the award of a bid for construction of the
new Recycling Center. He stated the lowest bid was submitted by Frost Constructors
and the quality of their work in the past has been good. A sprinkler system for the
building, runoff water for the irrigation system, and a fire hydrant would be included in
the bid price of $1,079,800.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 1108 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING ORDINANCE
NO. 772, TREE PROTECTION AND PRESERVATION ORDINANCE, AND
ESTABLISHING NEW CRITERIA AND REGULATIONS FOR THE PRESERVATION
OF TREES OF THE CITY OF PEARLAND, TEXAS, PROVIDING MINIMUM
STANDARDS; PROVIDING FOR THE REPLACEMENT AND REPLANTING OF
TREES THAT ARE REMOVED DURING CONSTRUCTION, DEVELOPMENT OR
PRE -DEVELOPMENT; PROVIDING A PENALTY FOR VIOLATION; HAVING A
SAVINGS CLAUSE, A REPEALER CLAUSE, AND A SEVERABILITY CLAUSE;
PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr.
Darrin Coker, City Attorney.
This item was passed with no action taken.
COUNCIL ACTION - RESOLUTION NO. R2003-63 - A RESOLUTION OF THE CITY
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COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK
AUTHORIZATION #10 SUPPLEMENT #3 FOR ENGINEERING AND SURVEYING
SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND
PROGRAM (YOST ROAD PROJECT). Mr. Sill Eisen, City Manager.
Mayor Pro -Tem Owens made the motion, seconded by Councilmember Marcott, to
approve Resolution No. R2003-63.
City Manager, Bill Eisen, stated this item is a proposal to modify an engineering contract
with J.F. Thompson, Inc. for engineering associated with Yost Road in the amount of
$32,227. Realignment of the intersection of FM 518 would be consistent with the recent
City Council action regarding the alignment and designing a cul-duc-sac at Sleepy
Hollow would also be a part of the engineering contract. He stated this would also
include engineering services for flood plain and mitigation for additional sites.
Mayor Pro -Tem Owens asked would this determine the dead end.
Greg Hester, Turner, Collie and Braden, stated originally the location they had was at
Shadycrest. Because of the change a supplemental request was placed in order.
A brief discussion ensued among Council and Mr. Hester regarding the engineering
contract.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2003-62 - 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 THE MURILLO COMPANY FOR MATERIALS TESTING SERVICES
ASSOCIATED WITH THE CONSTRUCTION OF PEARLAND PARKWAY
SOUTHBOUND LANES 3 AND 4. Mr. Bill Eisen, City Manager.
Councilmember Marcott made the motion, seconded by Councilmember Viktorin, to
approve Resolution No. R2003-62.
City Manager, Bill Eisen, stated this item relates to materials testing for lanes 3 and 4 of
Pearland Parkway. The construction was awarded in two bids.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
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Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 1076-2 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 1076, THE 2002-2003 ANNUAL BUDGET ORDINANCE, BY
AUTHORIZING CERTAIN ADDITIONS TO THE MOBILITY BOND FUND, _THE 2001
CERTIFICATE OF OBLIGATION FUND AND THE ROAD AND BRIDGE FUND FOR
MUNICIPAL PURPOSES; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO TAKE ALL ACTIONS NECESSARY TO FACILITATE THE CHANGES IDENTIFIED
HEREIN WITHOUT FURTHER APPROVAL OF CITY COUNCIL; PROVIDING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN
EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO
ADJUST THE CITY BUDGET INURES TO THE BENEFIT OF THE PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF
THE CITIZENRY. Ms. Mary Ross, Director of Finance.
Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Owens, to
approve Ordinance No. 1076-2 on its first and only reading.
City Manager, Bill Eisen, stated this item allows certain amendments for funding budget
modifications for road and bridge improvements.
Michael Klaus, 5016 Groveton, addressed Council and asked what makes this an
emergency and what are the funding amounts.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — REGARDING THE APPOINTMENT OF A CITIZEN'S CODE
ADVISORY COMMITTEE (CCAC) TO ASSIST THE CITY COUNCIL, PLANNING AND
ZONING COMMISSION, AND PLANNING CONSULTANT IN PREPARING THE NEW
LAND DEVELOPMENT CODE (UNIFIED DEVELOPMENT CODE). Mr. Tobin Maples,
Executive Director of Community Services.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Owens, to
approve the nominations of Councilmember Tetens, Councilmember Viktorin, Todd
locco, Russ Selemon, Don Sederdahl (alternate), Dwayne Lum, Jessie Gutieerrez,
Page 10 of 12 — 4/28/2003
Christian Corl, Renee West, Jamie Cornelius, Kevin Price, Pierre Nys, David Tinney,
Victor Botrie, Helen Beckman, Tom Allen, and Gary Bucek as the nominees for the
Citizen's Code Advisory' Committee (CCAC).
City Manager, Bill Eisen, stated this item was discussed at a previous Council Meeting
and the names for recommendations have been presented.
Mayor Reid named the nominations.
Discussion ensued among Council and Staff regarding the nominations.
Tobin Maples, Executive Director of Community Services, stated he and the consultant
have been processing ground information regarding codes. A meeting with the Citizen's
Code Advisory Committee (CCAC) would take place after the appointing. He stated it
would be scheduled for May 20, 2003.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 8:51 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.072 — CONSULTATION WITH ATTORNEY:
REGARDING THE ACQUISITION OF LAND ASSOCIATED WITH
RIGHT-OF-WAY FOR DRAINAGE EASEMENT. Mr. Darrin Coker,
City Attorney.
2. SECTION 551.072 — CONSULTATION WITH ATTORNEY:
REGARDING THE ACQUISITION OF LAND ASSOCIATED WITH
RIGHT-OF-WAY FOR PEARLAND PARKWAY. Mr. Darrin Coker, City
Attorney.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 9:27 p.m.
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COUNCIL ACTION — REGARDING THE ACQUISITION OF LAND ASSOCIATED
WITH RIGHT-OF-WAY FOR DRAINAGE EASEMENT. City Council.
This item was passed with no Council action taken.
COUNCIL ACTION - REGARDING THE ACQUISITION OF LAND ASSOCIATED WITH
RIGHT-OF-WAY FOR PEARLAND PARKWAY. City Council.
This item was passed with no Council action taken. _
ADJOURNMENT
Meeting was adjourned at 9:28 p.m.
Minutes approved as submitted and/or corrected this 12th day of Ma A.D., 2003.
Tom eid --
Mayor
ATTEST:
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