2003-06-23 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON JUNE 23, 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
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
Deputy City Attorney
City Secretary ,
Tom Reid
Woody Owens
Charles Viktorin
Larry Marcott
Klaus Seeger
Bill Eisen
Nghiem Doan
Young Lorfing
Absent: Mayor Pro -Tem Richard Tetens.
Others in attendance: Deputy City Manager Alan Mueller; Police Chief J. C. Doyle;
Public Affairs Liaison Lynn Munford; Public Works Director Jerry Burns; Purchasing
Officer Gordon Island; Planner 1 Theresa Grahmann.
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 June 11 he attended the Adult Reading Board of Directors
Meeting and met with the President of the Alvin Community College; June 12 he
attended a Harris County Jerry Eversole Appreciation Breakfast and a Seniors Meeting
at the Hampton Center; June 13 he met with Alan Clark (HGAC) on Dixie Farm Road;
June 14 he met with Members of the Praise Center Church; June 16 he attended an
Agenda Meeting, Public Hearing, and a Special Council Meeting; June 17 he attended
the HGAC Board of Directors Meeting and a Special Council Meeting; June 18 he
attended the Brazoria County Cities Association; June 19 he attended the Chamber
Leadership Council Meeting, a Ground Breaking Ceremony for the Pearland Recycle
Center, a Ribbon Cutting Ceremony for the Pediatrics Rehabilitation Center, and a Bay
Area Transportation Partnership Board Meeting; June 21 he attended a Dedication of
Scout Michael Ward Project for the Pearland Library.
Mayor Reid presented a Proclamation to the Christian Alliance and Humanitarian Aid
Founders Jesse Stokley and Fran Stokley and proclaimed June 22, 2003 as "Christian
Alliance and Humanitarian Aid Day."
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Jesse Stokley stated the organization is very honored. He stated five years ago, after
moving to Pearland, they decided to start the organization, and the churches of
Pearland have helped with the organization. He stated the organization has helped
people all over the world with the missionary program.
Mayor Reid stated it is always a pleasure to recognize the organizations and good
works of people addressing the needs of people.
COUNCIL ACTIVITY REPORTS:
Mayor Reid announced Mayor Pro -Tem Tetens is currently on vacation.
Councilmember Viktorin stated he is looking for an additional two or three people to
serve on the Theater Board of Directors.
Councilmember Owens passed.
Councilmember Marcott reported June 18 he attended the Brazoria County Cities
Association and was inducted as the 1St Vice President; June 21 he attended the Party
on the Plaza in Silverlake.
Councilmember Seeger passed.
CITY MANAGER'S REPORT
City Manager, Bill Eisen, stated for approximately three weeks the City has been on a
mandatory water -rationing program. He stated as a result of some of the recent
rainfalls the City maybe lifting the mandatory portion of the water restrictions. The
effective date would be July 1, 2003. He urged the citizens to continue using the
schedule to ensure future water supply.
CITIZENS: None
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES:
1. Minutes of the June 2, 2003, Special Meeting at 6:00 p.m.
2. Minutes of the June 9, 2003, Regular Council Meeting at 7:30 p.m.
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B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
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 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.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
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 BEING 10.2571
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.
D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
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 OF CERTAIN REAL PROPERTY LOCATION BEING .28
ACRES, BEING A PORTION OF TRACT 24 OF HAHL'S FIGLAND ORCHARD
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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.
E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
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.
F. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
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 Manager.
G. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING
OF ORDINANCE NO. 1117 — 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
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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.
H. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE
OF AUTUMN LAKES SECTION TWO. Mr. John Hargrove, City Engineer.
I. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-85 —
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY
FOR THE TOBACCO COMPLIANCE GRANT FOR LOCAL LAW
ENFORCEMENT AGENCIES. Mr. J.C. Doyle, Chief of Police.
Mayor Reid asked that Consent Agenda Item G be removed from the Consent Agenda
for further discussion.
Councilmember Viktorin made the motion, seconded by Councilmember Owens, to
adopt Consent Agenda Items A through I, with the exception of item G, as presented on
the Consent Agenda.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent.
MATTERS REMOVED FROM CONSENT AGENDA
Mayor Reid asked that Consent Agenda Item G be removed from the Consent Agenda
for further discussion.
G. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING
OF ORDINANCE NO. 1117 — 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
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CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON
THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND
PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, CityAttomey.
Councilmember Viktorin made the motion, seconded by Councilmember Owens, to
table Ordinance No. 1117 on its first and only reading.
City Attorney, Darrin Coker, stated some additional information regarding the tract was
recently provided and he would like to review this information before considering the
ordinance.
Voting "Aye" Councilmembers Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent.
NEW BUSINESS
FIRST READING OF ORDINANCE NO. 181-8 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING CHAPTER 12,
GARBAGE AND TRASH, OF THE CITY OF PEARLAND CODE OF ORDINANCES, IN
ITS ENTIRETY AND ADDING CHAPTER 12, TO BE ENTITLED SOLID WASTE, FOR
THE PURPOSE OF UPDATING THE ORDINANCES RELATIVE TO SOLID WASTE;
PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR
CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
Councilmember Owens made the motion, seconded by Councilmember Viktorin, to
approve Ordinance No. 181-8 on its first reading, reflecting the changes made by the
City Attorney.
City Manager, Bill Eisen, stated this item is a routine update of the City's ordinance for
solid waste disposal. He stated the first sentence of Section 4.3 needed changes. He
stated the annual license term should be deleted and term franchise becomes the
replacement.
City Attorney, Darrin Coker, stated Mr. Neil West is present this evening and his input
on the ordinance, in conjunction with Deputy City Attorney Nghiem Doan, was very
instrumental. He stated the ordinance was developed with the cooperation of Keep
Pearland Beautiful and he thanks them for the input.
Councilmember Marcott asked if garbage bags are considered containers. He also
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asked if there is a possible way to work towards keeping the recyclable materials out of
the landfills.
City Attorney, Darrin Coker, stated garbage bags are considered containers.
Discussion ensued among Council and Staff regarding possible enforcement for the
recyclable materials.
Voting "Aye" Councilmembers Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent.
FIRST READING OF ORDINANCE NO. 1118 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT
OF SEWER AND ELECTRICAL LINES INTO A UTILITY EASEMENT.
Mr. Darrin Coker, City Attorney.
Councilmember Marcott made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 1118 on its first reading.
City Manager, Bill Eisen, stated the item provides for a waiver of encroachment into a
City utility easement of sewer and electrical lines. He stated the resident of the location
is planning to add a second floor to the garage and needs to add some allowance to
serve the second floor because of confined spacing in the back yard.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent.
COUNCIL ACTION — RESOLUTION NO. R2003-88 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE
BUILD -OUT OF THE PUBLIC WORKS SERVICE CENTER. Mr. Gordon Island,
Purchasing Officer.
Councilmember Seeger made the motion, seconded by Councilmember Viktorin, to
approve Resolution No. R2003-88.
City Manager, Bill Eisen, stated this item is regarding a modification and build -out of a
previous storage area for the Public Works Service Center. He stated the funding is
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available in the current budget and the bids received were actually below the budgeted
amount.
Councilmember Marcott asked if the City has done business with Texas Independent
Contracting before.
City Manager, Bill Eisen, stated to his knowledge, the City has not done business with
them before.
Discussion ensued among Council and Staff regarding a performance bond and a
payment bond.
Voting "Aye" Councilmembers Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent.
COUNCIL ACTION — RESOLUTION NO. R2003-86 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN EMERGENCY INTERCONNECT
AGREEMENT WITH BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 25.
Mr. Alan Mueller, Deputy City Manager.
Councilmember Viktorin made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2003-86.
City Manager, Bill Eisen, stated this item is an emergency agreement regarding
Municipal Utility District No. 25 and the City. It provides an opportunity for both to
receive emergency water supply from each other if needed. This does not obligate
either of the two to provide an emergency water supply if their own customers needs
cannot be met.
Councilmember Marcott asked for information regarding the location for the
interconnection with the City's system.
Deputy City Manager, Alan Mueller, stated County Road 59 is where the connection is
located.
Discussion ensued among Council and Staff regarding the waterline connection and the
number of units.
Voting "Aye" Councilmembers Viktorin, Owens, Marcott, and Seeger.
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Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent.
COUNCIL ACTION — RESOLUTION NO. R2003-87 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO APPLY FOR THE COPS IN SCHOOLS 2003
GRANT. Mr. J. C. Doyle, Chief of Police.
Councilmember Owens made the motion, seconded by Councilmember Marcott, to
approve Resolution No. R2003-87. f
City Manager, Bill Eisen, stated this item would authorize the City to apply for grant
funds from the U.S. Department of Justice, providing school resource officers for the 9t'
Grade Pace Center. The total amount of the grant would be $250,000 over a three-year
time period. He stated an additional $46,070 would have to be matched locally. Mr.
Eisen further stated there is a current agreement with the Pearland Independent School
District that the school provides the funds during the school year and the City provides
funds during the summer months.
Councilmember Marcott asked if this would provide additional officers besides the
normal six.
Police Chief, J.C. Doyle, stated two additional senior officers would be placed into this
program, and they will be replaced with new officers.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent.
COUNCIL ACTION — RESOLUTION NO. R2003-89 — 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 HGAC FOR PREPARATION OF THE FM 518 CORRIDOR STUDY. Mr. Alan
Mueller, Deputy City Manager.
Councilmember Marcott made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2003-89.
City Manager, Bill Eisen, stated Houston Galveston Area Council has agreed to
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participate in a traffic study starting at FM 518 and ending at Hwy 288. He stated during
the traffic study, short term and long term traffic issues will be addressed and evaluated.
He stated Houston Galveston Area Council is managing the study and providing a
portion of the funding; League City, Friensdwood, and Pearland would provide funds as
well. He stated private funding is also available for the study.
Councilmember Marcott asked whether the City of Pearland has over 50% of the miles
on FM 518.
Deputy City Manager, Alan Mueller, stated the City of Pearland has approximately
41.5% of the total.
Discussion ensued among Council and Staff regarding the City's portion of miles and
the other Cities portions of miles.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 8:23 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.072 — REAL PROPERTY: DISCUSSION REGARDING
THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY
FOR CITY FACILITIES. Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 9:23 p.m.
COUNCIL ACTION - REGARDING THE SALE, PURCHASE, OR EXCHANGE OF
REAL PROPERTY FOR CITY FACILITIES. Mr. Darrin Coker, City Attorney.
This item was passed with no Council action taken.
ADJOURNMENT
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Meeting was adjourned at 9:24 p.m.
Minutes approved as submitted and/or corrected this 14th day of July A.D.,
2003.
Tom Reid
Mayor
ATTEST:
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