2003-06-09 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON JUNE 9, 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
Tom Reid
Mayor Pro -Tem
Woody Owens
Councilmember
Richard Tetens
Councilmember
Charles Viktorin
Councilmember
Larry Marcott
Councilmember
Klaus Seeger
City Manager
Bill Eisen
Deputy City Attorney
Nghiem Doan
City Secretary
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; Public Affairs Liaison Lynn Munford; Public Works Director Jerry Burns;
Purchasing Officer Gordon Island; Project Director Joe Wertz; Recycling Center
Manager Wes Shows; Executive Director of Keep Pearland Beautiful Delores Finwick.
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 May 14 he attended the Adult Reading Board of Directors
Meeting and the High School Career/Technology Committee Meeting; May 15 he
attended a Chamber Leadership Council Meeting, Recycle Center Committee Meeting,
Gulf Coast Water Authority Board of Directors Meeting, Police Awards Banquet, and
presented the Mayor's Scholarship to a High School Student; May 17 he attended St.
Andrews Church Dedication Ceremony; May 18 — 31 he joined PEDC for a Shopping
Center Conference; May 22 he attended Janet Eastburn's Retirement Ceremony; May
23 he sent Spelling Bee Champion Anjay Ajodha off to the Washington competition and
attended the Gulf Coast Water Authority Board Meeting; May 29 he attended a Ribbon
Cutting Ceremony for Dos Hermanos Restaurant and attended the Chamber
Ambassador Committee Meeting; June 2 he attended an Agenda Meeting and a
Council Workshop; June 3 he attended the AARP Monthly Meeting; June 4 he met with
Developers on Hwy 288; June 6 he attended a Chamber Breakfast; June 6-7 he
attended his Class Reunion; June 7 he attended a Ribbon Cutting Ceremony for Office
Depot; June 9 he attended the TxDOT Hwy 288 Corridor Study Meeting and the School
District Education Improvement Committee Meeting.
Page 1 of 14 — 6/9/2003
Mayor Reid gave recognition to members of the Brazoria County Drainage Commission
No. 4.
COUNCIL ACTIVITY REPORTS:
Mayor Pro -Tem Tetens stated he had nothing to add.
Councilmember Viktorin stated he attended a presentation for LiDAR Mapping in Harris
County. He stated in conjunction with the mapping of Harris County, Pearland was
included. He further stated the LiDAR Mapping only cost the City of Pearland $700.
Councilmember Viktorin stated during the last two months he was also approached by a
Theater Group and has been assembling a Board for this Theater Group. He feels that
this is a good idea for the community of Pearland and if anyone is qualified to be a
member of the Board please let him know.
Councilmember Owens stated he attended an education meeting regarding the
Pearland Community Center and the University of Houston. He stated the education
discussion would continue in the near future. He stated he attended the HGAC Board
Meeting as alternate for the Mayor.
Councilmember Marcott passed.
Councilmember Seeger passed.
CITY MANAGER'S REPORT
City Manager, Bill Eisen, stated he attended a meeting sponsored by the Greater
Houston Partnership. He stated the City of Pearland currently has limitations on outside
watering. He stated the limitations would stay in place until better rain patterns are
determined.
CITIZENS
Misty Yarneau, 3705 Longherridge Drive, addressed Council and stated she would like
to say Thank -You on behalf of the Shadycrest Homeowner's Association. Through
combined efforts of the Shadycrest Homeowner's Association and the City of Pearland,
the speeding problem in Shadycrest has decreased. A speeding campaign awareness
has been added to the subdivision. This campaign is getting good results. She stated
the Police Department is patrolling often in the subdivision. She further stated City Staff
has been very helpful in supplying information to the Shadycrest Homeowner's
Association. The City has posted new speed limit signs and traffic enforcement signs in
Page 2 of 14 — 6/9/2003
the subdivision. Ms. Yarneau further stated a traffic study was done for the subdivision,
and the results were there is a speeding problem. She stated the Consultant did give
input on the next steps the citizens of the community would have to take in order to
control the speeding problems.
Linda Cowles, 3412 Shadycrest, addressed Council and stated she is the Secretary of
the Shadycrest Homeowner's Association. She stated she agrees with the information
that Ms. Yarneau provided. She would like to thank the City Staff for the help with the
speeding problems. She gave brief comments on some of the speeding problems
taking place in the subdivision.
Councilmember Viktorin stated he would like to see some of the actions taken by the
Shadycrest Homeowner's Association put on a list in order to be used as a model for
future subdivisions with speeding problems.
Delores Fenwick, Executive Director of Keep Pearland Beautiful, addressed Council
and stated she nominated the City of Pearland for the Governor Award for Keep Texas
Beautiful. She stated Pearland won Second Place. She stated Keep Pearland
Beautiful K.I.P.P.E.R.S. won First Place for the third year in a row. Ms. Fenwick further
stated a ground -breaking ceremony will take place for the Pearland Recycling Center on
June 19, 2003, at 9:30 a.m. She stated the Keep Pearland Beautiful Board has been
concerned about signs posted in the community. She stated at one time the Board was
pulling up improperly posted signs and was told the Board should seek another way of
correction. Ms. Fenwick stated the Board decided to pass a resolution regarding the
signs. She stated the Board is forwarding the resolution to Council for their input and
action. Ms. Fenwick read the resolution to Council, Staff, and Citizens.
Mayor Reid introduced the Manager of the Pearland Recycling Center, Wes Shows.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES:
1. Minutes of the March 3, 2003, Joint Public Hearing at 6:30 p.m.
2. Minutes of the March 24, 2003, Joint Public Hearing at 6:30 p.m.
3. Minutes of the May 6, 2003, Special Meeting at 6:30 p.m.
4. Minutes of the May 12, 2003, Regular Council Meeting at 7:00 p.m.
5. Minutes of the May 12, 2003, Regular Council Meeting at 7:30 p.m.
6. Minutes of the May 19, 2003, Special Meeting at 6:00 p.m.
Page 3 of 14 — 6/9/2003
B. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE
OF SHADOW CREEK RANCH SF- 4. Mr. John Hargrove, City Engineer.
C. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE
OF SHADOW CREEK RANCH SF -16A. Mr. John Hargrove, City Engineer.
D. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE
OF SHADOW CREEK RANCH SF -16B. Mr. John Hargrove, City Engineer.
E. CONSIDERATION AND POSSIBLE ACTION - APPOINTMENT OF BRAZORIA
COUNTY TAX ASSESSOR -COLLECTOR (RO'VIN GARRETT) TO CALCULATE
AND PUBLISH THE EFFECTIVE TAX RATE AND ROLLBACK TAX RATE FOR
2003. Ms. Mary Ross, Director of Finance.
F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-81 —
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AWARDING A BID FOR THE PURCHASE OF A HORIZONTAL BALER
FOR THE RECYCLING CENTER. Mr. Gordon Island, Purchasing Officer.
G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-78 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATE
WITH THE SHADOW CREEK RANCH SEWER PROJECT (PHASE II). Mr. Bill
Eisen, City Manager.
H. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING
OF ORDINANCE NO. 1116 — 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 made the motion, seconded by Mayor Pro -Tem Tetens, to
adopt Consent Agenda Items A through H, as presented on the Consent Agenda.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger.
Page 4 of 14 — 6/9/2003
Voting "No" None.
Motion Passed 5 to 0.
NEW BUSINESS
FIRST READING OF ORDINANCE NO. 509-659 — 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 47.98 ACRES OF LAND, OUT OF
THE W.T. DOBSON SURVEY, ABSTRACT 187, BRAZORIA COUNTY, TEXAS
(CULLEN BOULEVARD @ BROOKSIDE ROAD)(APPLICATION NO. 1108) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL
DISTRICT (C) AND SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST
OF KEN CAFFEY, AGENT FOR ESTATE OF MARIA ROSE BAGNOLI C/O BEN
BEST, 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 Owens made the motion, seconded by Councilmember Marcott, to
approve Ordinance No. 509-659 (Application No. 1108) 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. 1108.
City Manager, Bill Eisen, stated the recommendation before Council from Planning and
Zoning is for denial and a three-quarter vote would have to take place in order to over
turn the decision.
Voting "No" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin.
Voting "Aye" None.
Motion Failed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-660 — 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 4.6945 ACRES, SITUATED IN
Page 5 of 14 — 6/9/2003
THE NORTHEAST ONE-QUARTER OF SECTION 17, H. T. & B. R.R. CO. SURVEY,
A-242, BRAZORIA COUNTY, TEXAS (2318 MANVEL ROAD) (APPLICATION NO.
1106) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF WILLIAM J. COOK,
AGENT FOR WILLIAM F. HAWK, 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 Tetens made the motion, seconded by Councilmember Marcott, to
approve Ordinance No. 509-660 (Application No. 1106) 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. 1106.
City Manager, Bill Eisen, stated the item is regarding discussion that took place during
the earlier workshop concerning the location of an indoor commercial skate park. The
proposed location is on the West side of Pearland.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-661 — 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 BEING10.2571 ACRES, BEING OUT OF
AND A PART OF LOTS 6 & 7, BLOCK 10, ALLISON RICHEY GULF COAST HOME
COMPANY, SUBURBAN GARDENS SUBDIVISION, SECTION 4, T.C.R.R. COMPANY
SURVEY, ABSTRACT 675, BRAZORIA COUNTY, TEXAS (SHADOW CREEK
PARKWAY) (APPLICATION NO. 1103) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE
REQUEST OF NEW BETHLEHEM MISSIONARY BAPTIST CHURCH AND PLEASANT
GROVE BAPTIST 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.
Councilmember Marcott made the motion, seconded by Councilmember Viktorin, to
Page 6 of 14 — 6/9/2003
approve Ordinance No. 509-661 (Application No. 1103) 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. 1103.
City Manager, Bill Eisen, stated the recommendation before Council from Planning and
Zoning is for denial and a three-quarter vote would have to take place in order to over
turn the decision. He stated there are some concerns regarding the ownership of the
property.
Drew Pelter, 2947 Broadway, addressed Council and stated he is for the approval of the
zone change. He stated there are concerns about the property and the building
requirements and wanted the applicant present tonight in order to address some of
these concerns for . Council, hopefully adopting the guidelines for the building
requirements.
Mayor Reid gave brief comments about the property and it being possible that the
applicant was not aware of certain rules and requirements.
City Manager, Bill Eisen, stated that all codes of the City would need to be met by the
applicant. The City could not require the applicant to use the standards of the current
Shadow Creek Ranch Subdivision Development on applicant's property.
Deputy City Attorney, Ngheim Doan, stated he did have a chance to speak with the
Planning & Zoning Department regarding the property and the reasons for denial of the
zone application. He stated the Planning & Zoning Commission did have some
concerns regarding ownership of the property. He did speak with them regarding the
concerns and had they knew the information before voting, he feels the vote may have
been different.
Discussion ensued among Council and Staff regarding the building requirements the
property owner would need to meet during development.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, and Seeger.
Voting "No" Councilmember Marcott.
Motion Passed 4 to 1.
FIRST READING OF ORDINANCE NO. 509-662 — 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
Page 7 of 14 — 6/9/2003
OF CERTAIN REAL PROPERTY LOCATION BEING .28 ACRES, BEING A PORTION
OF TRACT 24 OF HAHL'S FIGLAND ORCHARD SUBDIVISION NO. 1, OF THE WEST
1/2 OF SECTION 13, H. T. & B. R.R. COMPANY SURVEY, ABSTRACT 240,
BRAZORIA COUNTY, TEXAS (5610 FITE ROAD) (APPLICATION NO. 1105) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-3) AT THE REQUEST OF GUADALUPE RIOS, 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 Mayor Pro -Tem Tetens, to
approve Ordinance No. 509-662 (Application No. 1105) 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. 1105.
City Manager, Bill Eisen, stated the owner is requesting the zone change in order to
demolish an existing structure and replace it with a new single-family structure.
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-663 — 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 1.9355 ACRES, BEING OUT OF
THE W.D.C. HALL SURVEY, ABSTRACT 70, BRAZORIA COUNTY, TEXAS (2011
BROADWAY STREET) (APPLICATION NO. 1109) FROM CLASSIFICATION SINGLE
FAMILY DWELLING DISTRICT (R-1) TO NEIGHBORHOOD SERVICES DISTRICT
(NS) AT THE REQUEST OF JOHN YOST, AGENT FOR VERNA YOST, OWNER,
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE
DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples,
Executive Director of Community Services.
Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Tetens, to
approve Ordinance No. 509-663 (Application No. 1109) on its first reading.
Page 8 of 14 — 6/9/2003
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for denial of Application No. 1109.
City Manager, Bill Eisen, stated the Planning & Zoning Commission's recommendation
was given because of proposed uses for the. property. The Planning & Zoning
Commission felt the property could fit into the zoning of professional office buildings,
and the applicant should resubmit his application for that zoning category.
Discussion ensued among Council and Staff regarding the current zoning of the
property and the adjacent property's zoning.
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2003-76 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT
WITH BRAZORIA DRAINAGE DISTRICT NO. 4 FOR DRAINAGE IMPROVEMENTS
ASSOCIATED WITH THE TOWN DITCH DRAINAGE PROJECT. Mr. Bill Eisen, City
Manager.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to
approve Resolution No. R2003-76.
City Manager, Bill Eisen, stated this is a proposed joint venture with Brazoria Drainage
District No. 4 for improvements to a section of the Town Ditch. He stated the estimated
cost is approximately $512,000 for Brazoria Drainage District No. 4 and $416,000 for
the City.
Councilmember Marcott asked about the installation location along Town Ditch.
City Engineer, John Hargrove, stated the structure drainage comes from the South.
Discussion ensued among Council and Staff regarding the better drainage for the area.
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
Page 9 of 14 — 6/9/2003
COUNCIL ACTION — RESOLUTION NO. R2003-83 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT
WITH R. WEST DEVELOPMENT COMPANY FOR THE EXTENSION OF PEARLAND
PARKWAY. Mr. Darrin Coker, City Attorney.
Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2003 -83 -
City Manager, Bill Eisen, stated this item is regarding the extension of Pearland
Parkway; previous discussions have taken place regarding the item. In two years the.
City will reimburse the developer half of the cost for the extension.
Councilmember Marcott stated he thinks the extension is an important piece of
roadway, and it gets the City closer to Dixie Farm and the Beltway.
Councilmember Viktorin asked what are the normal procedures for the City to ensure
that the standards of the construction are being met?
City Manager, Bill Eisen, stated the construction will be inspected by City Staff.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1115 — AN ORDINANCE PROVIDING FOR
THE APPROVAL OF AN AGREEMENT BETWEEN THE STATE OF TEXAS AND THE
CITY OF PEARLAND, FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE,
USE, OPERATION AND MAINTENANCE OF HIGHWAY TRAFFIC
SIGNALS/LIGHTING AT THE INTERSECTION OF FM 518 AND SUNRISE LAKE
BLVD., IN THE CITY OF PEARLAND; PROVIDING FOR THE EXECUTION OF SAID
AGREEMENT. Mr. Alan Mueller, Deputy City Manger.
Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Tetens, to
approve Ordinance No. 1115 on its first reading.
City Manager, Bill Eisen, stated the ordinance is regarding an agreement between the
City and the Department of Transportation for traffic signal maintenance.
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin.
Page 10 of 14 — 6/9/2003
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION- RESOLUTION NO. R2003-80 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR DIRT
HAULING SERVICES ASSOCIATED WITH THE HICKORY SLOUGH DETENTION
PROJECT. Mr. Bill Eisen, City Manager.
Councilmember Seeger made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2003-80.
City Manager, Bill Eisen, stated this is a joint project between the City and Brazoria
Drainage District No. 4 providing excavation services for the Hickory Slough Detention
Facilities. He stated the bid is less than the budgeted amount.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2003-82 - 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 -BURGESS, INC. FOR ENGINEERING SERVICES THE INFLOW AND
INFILTRATION REDUCTION PROJECT (PHASE III). Mr. Bill Eisen, City Manager.
COUNCIL ACTION — RESOLUTION NO. R2003-77 - 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 -BURGESS, INC. FOR THE ENGINEERING SERVICES THE INFLOW
AND INFILTRATION REDUCTION PROJECT (PHASE II). Mr. Bill Eisen, City
Manager.
Councilmember Viktorin made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2003-82 and Resolution No. 2003-77.
City Manager, Bill Eisen, stated both items R2003-82 and R2003-77 are related. He
stated the resolutions are regarding Phase II and Phase III of the Inflow & Infiltration
Program. He stated the basis of compensation is within the contract.
Page 11 of 14 — 6/9/2003
Discussion ensued among Council and Staff regarding the percentage of compensation
within both projects.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2003-75 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S
INVESTMENT REPORT FOR THE QUARTER ENDING MARCH 2003. Mr. Bill Eisen,
City Manager.
Councilmember Owens made the motion, seconded by Councilmember Marcott, to
approve Resolution No. R2003-75.
City Manager, Bill Eisen, stated State Law relating to investing public funds requires a
quarterly report from the City. This item is the City's investment report for the quarter
ending in March 2003.
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — REGARDING A PROCESS TO INFORM COUNCIL OF THE
STATUS OF MEMBER'S REQUEST. Mr. Bill Eisen, City Manager.
Discussion ensued among Council and Staff regarding Council's questions submitted to
Staff.
Councilmember Viktorin stated this item gives Council an opportunity to ask questions
to Staff for a later turn -over of answers. The form is just a way to obtain information
throughout the year regarding various requests to Staff from Council, and helps keep a
formal track of the requests.
City Manager, Bill Eisen, stated it is Staff's attempt to provide Council with the
information requested and the use of the form is fine.
Council included the City Attorney's input for part of the form as well.
Page 12 of 14 — 6/9/2003
Mayor Reid stated a number of years ago, this system was in place.
Additional discussion ensued among Council and Staff regarding the request form.
COUNCIL ACTION — RESOLUTION NO. R2003-79 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONSENTING TO THE
APPLICATION FOR DUAL CERTIFICATION ASSOCIATED WITH THE CERTIFICATE
OF CONVENIENCE AND NECESSITY FOR BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 21. Mr. Bill Eisen, City Manager.
Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Tetens, to
approve Resolution No. R2003-79.
City Manager, Bill Eisen, stated in 1997 the City had requested a Certificate of
Convenience and Necessity for a public utility to serve in the area. This item is
requesting a joint Certificate of Convenience and Necessity between the City and
Municipal Utility District No. 21.
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 8:57 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.074 - PERSONNEL MATTERS - REGARDING
APPOINTMENTS TO THE BOARDS AND COMMISSIONS.
City Council.
2. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY -
REGARDING PENDING LITIGATION — CITY FACILITIES.
Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 10:55 p.m.
Page 13 of 14 —6/9/2003
COUNCIL ACTION - REGARDING APPOINTMENTS TO THE BOARDS AND
COMMISSIONS. City Council.
This item was passed with no Council action taken.
COUNCIL ACTION - REGARDING POTENTIAL LITIGATION — CITY FACILITIES.
City Council.
This item was passed with no Council action taken.
ADJOURNMENT
Meeting was adjourned at 10:56 p.m.
Minutes approved as submitted and/or corrected this 23rd day of June A.D.,
2003.
Tom Reid
Mayor
ATTEST:
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