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2003-10-27 CITY COUNCIL REGULAR MEETING MINUTES-- MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 27, 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 Richard Tetens Charles Viktorin Woody Owens Klaus Seeger Larry Marcott 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 Doug Kneupper; Interim Director of Finance Andrea Jason; Public Works Director Jerry Burns; Purchasing Officer Gordon Island; Project Director Joe Wertz; Assistant Police Chief Johnny Spires; Planning Manager of Community Development Lata Krishnarao. 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 October 14 he attended the Shadow Creek Ranch Traffic Committee Meeting and the Chamber Mixer at Zydeco's; October 15 he met with BDD #4 reference Council Commissioners Workshop, attended the Chamber Monthly Luncheon, and the Brazoria County Cities Association Monthly Meeting; October 16 he attended the Chamber Leadership Council Meeting, met with Mr. Istre — General Manager of Gulf Coast Water Authority, attended the Gulf Coast Water Authority Board of Directors Meeting, and the Bay Area Transportation Partnership Board of Directors Meeting; October 18 he attended a Ribbon Cutting Ceremony for the Festival of Lights — Hindu Temple; October 20 he attended an Agenda Meeting, TxDOT Yost Road Meeting, a Council Workshop, and a Public Hearing; October 21 he attended the HGAC Monthly Board of Directors Meeting; October 22 he attended the United Way Visit to the Adult Reading Center Meeting, presented a Proclamation to the Exchange Club, joined Governor Perry for his announcement of the New Workforce Agency, and attended a Corps of Engineers Presentation regarding Clear Creek; October 23 he attended Dennis Frauenberger's Funeral Services, a Ribbon Cutting Ceremony at the Chamber of Commerce Office, a meeting to form the Pearland Art's League, and a Chamber Page 1 of 12 — 10/27/2003 Mixer — Dynamic Rehabilitation Meeting; October 24 he attended a Donut Breakfast at the Silvercrest School, a Special Presentation to Mr. Netherland, Funeral Services for Mrs. Lee Hamaker - Civic Leader; October 25 he attended the Pearland Historical Faculty Yearly Meeting; October 26 he attended a Ribbon Cutting Ceremony — Festival of Lights — Clearlake India Center; October 27 he attended a PEDC Monthly Meeting. COUNCIL ACTIVITY REPORTS Mayor Pro -Tem Tetens passed. Councilmember Viktorin reported the first meeting of the Pearland Arts League took place on October 23. He is excited about the enthusiasm for the Pearland Arts League. Councilmember Owens passed. Councilmember Marcott reported on October 18 he attended the Brazoria County Fair in Angleton; October 21 he attended a meeting for the fairground regarding the need of repairs or possibly tearing it down. He stated possibly in the next few months, questionnaires will be distributed to the citizens for their input regarding the fairground. The fairground is an important part of heritage for the community. October 22 he attended a Corps of Engineers Presentation regarding Clear Creek. He stated he has some concerns regarding lowering the detention and receiving credit for the City. He will do a follow-up with the Corps of Engineers regarding this issue. Councilmember Seeger passed. CITY MANAGER'S REPORT City Manager, Bill Eisen, stated a meeting regarding FM 518 with HGAC and TxDOT would take place on November 12, 2003, at the Junior High School from 5:30 p.m. — 8:30 p.m. A total of three meetings will take place regarding FM 518. He stated the purpose of the meetings is to receive public input and comments regarding suggestions for FM 518. Some of the issues are light timing, modifications of driveways, and etc. He reported the Chamber of Commerce has sponsored for many years a Leadership Council. Once a month representatives from various organizations within the community meet and share information. Some additions have been made to the attendees of the meeting. He stated someone from Representative Tom Delay's Office has been attending and also someone from Senator Jackson's Office. Alvin Independent School District has been attending the meetings as well. He compliments. the Chamber for organizing this effort and expanding it, improving communication. Page 2 of 12 —10/27/2003 C. D. Anderson, 3215 Jacquelyn Drive, addressed Council and stated he has concerns regarding lot sizes in Pearland. He stated there is a major push for small, very dense subdivisions; and he opposes this taking place in Pearland. Smaller lots increase flooding, and more land covered by concrete and houses. Costs are increased because of high density for more water lines and sewer lines. More people and more cars cause more traffic congestion. He stated dense subdivisions decrease the quality of life, and home values decrease as well. Mr. Anderson stated he has been attending the Citizen Code Advisory Committee Meetings and more and more people are being stuffed into less and less space. He stated this is not in the best interest of Pearland or the residents. The developers need to go for bigger and not for smaller. Bill Baldy, 3714 Wing Tail, addressed Council and stated he is the president of West Lea Civic Club. He stated his community looks wonderful. However, he does have some concerns regarding street lights due to construction. Drainage problems are another concern from the neighbors of West Lea. He stated the community of West Lea does appreciate the efforts and assistance of the City. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the October 13, 2003, Public. Hearing held at 6:30 p.m. 2. Minutes of the October 13, 2003, Regular Council Meeting held at 7:30 p.m. 3. Minutes of the October 20, 2003, Public Hearing held at 6:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1132 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DISCONTINUING AND DISANNEXING CERTAIN TERRITORY FROM THE CITY AND ADJUSTING THE CITY'S BOUNDARIES ACCORDINGLY; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 374-3 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 31, WRECKER SERVICE, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND Page 3 of 12 —10/27/2003 SECTION 31-1, ENTITLED DEFINITIONS, AND TO AMEND SECTION 31-2, ENTITLED PERMIT REQUIRED, PRESUMPTION IN PROSECUTION FOR VIOLATION OF PERMIT REQUIRED; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. D. CONSIDERATION AND POSSIBLE ACTION — EXCUSE ABSENCE OF COUNCILMEMBER KLAUS SEEGER FROM THE REGULAR MEETING HELD ON OCTOBER 13, 2003. City Council. E. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE OF SOUTHGATE SECTION ONE. Mr. Doug Kneupper, City Engineer. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-161 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN EARNEST MONEY CONTRACT WITH BEAZER HOMES TEXAS, L.P., FOR THE PURCHASE OF REAL PROPERTY SITUATED IN THE CITY OF PEARLAND. Mr. Darrin Coker, City Attorney. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Tetens, to adopt Consent Agenda Items A through F, as presented on the Consent Agenda. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA None NEW BUSINESS COUNCIL ACTION — RESOLUTION NO. R2003-158 — 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. 16. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2003-158. Page 4 of 12 —10/27/2003 City Manager, Bill Eisen, stated earlier tonight Council held the second Public Hearing regarding this matter. Municipal Utility District No. 16 has also held two Public Hearings. This is part of the legal requirement in order to adopt a Strategic Partnership Agreement. After both bodies have held two Public Hearings, action would be appropriate for the adoption of an agreement. Councilmember Marcott asked if this agreement only requires one reading. City Attorney, Darrin Coker, stated this agreement only requires one reading because it is an agreement being adopted by a resolution. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-159 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A PAYMENT IN LIEU OF TAXES AGREEMENT WITH MHI PARTNERSHIP, LTD. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2003-159. City Manager, Bill Eisen, stated this item involves a request from the property owner of approximately 30 acres of commercial property for disannexation. The agreement includes the disannexation of the property including the appropriate payment in lieu of taxes. Voting "Aye" Councilmember Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-154 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #1 SUPPLEMENT #9 FOR PRELIMINARY ENGINEERING SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM (PEARLAND PARKWAY EXTENSION -BRITTANY BAY). Mr. Bill Eisen, City Manager. Page 5 of 12 —10/27/2003 Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2003-154. City Manager, Bill Eisen, stated one of the approved bond program items presented to voters in November 2001, was regarding preliminary engineering work on the extension of Pearland Parkway. The item presented at this time is an agreement with Turner, Collie and Braden for preliminary engineering services and program administration services on this project. Some of the remaining work that will be done include the environmental assessment. Both the preliminary engineering services and the environmental assessment is necessary in order to make the project eligible for State TxDOT funding. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Viktorin, and Owens. Voting "No" None. Motion Passed 5 to 0. Councilmember Marcott added that some citizens have received offer sheets from TxDOT regarding the widening of SH 35. He stated this is the first step made, and he has had a chance to read one of the offer sheets. The steps will be progressing to widen this road. FIRST AND ONLY READING OF ORDINANCE NO. 1126-1 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 1126, THE 2003-2004 ANNUAL BUDGET ORDINANCE, BY AUTHORIZING CERTAIN DELETIONS TO THE CAPITAL PROJECTS FUND #34 (STREET ASSESSMENTS) 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. Mr. Alan Mueller, Deputy City Manager. Councilmember Seeger made the motion, seconded by Councilmember Viktorin, to approve Ordinance No. 1126-1 on its first and only reading. City Manager, Bill Eisen, stated as the Wal-Mart near SH 288 was constructed a year ago, some improvements to FM 518 were required as a part of that construction. He stated additional right of way may need to be acquired from the existing Race Trac Gas Station. Funds were required from Wal-Mart during the construction process for these Page 6 of 12 —10/27/2003 necessary improvements, and the funds have been placed into escrow. TxDOT has concluded that some of the right of way is not necessary at all. The money that was escrowed by Wal-Mart at that time is currently proposed for return. Councilmember Marcott asked for clarification on the interest amount of $61.00 or $16.00. City Manager, Bill Eisen, stated the numbers were transposed, and the amount of $61.00 is the correct amount. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-160 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ADVANCED FUNDING AGREEMENT WITH THE STATE OF TEXAS FOR DEVELOPMENT OF THE INTELLIGENT TRANSPORTATION SYSTEMS DEPLOYMENT PROJECT. Mr. Doug Kneupper, City Engineer. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2003-160 City Manager, Bill Eisen, stated this relates to participation in further expansion of the Intelligent Transportation System. The program provides video cameras along major road arteries in the area, providing improved transportation information. This information would be helpful to the Police Department and the City of Pearland. The City has agreed to participate in the project. This item would formalize that agreement with TxDOT and enter into one of the standard advance funding agreements. This information has been received in the past few days and is a revised copy for Council. Changes are in the agreement, and some have been marked out at this time. They do not apply. Minor changes in amounts have also been changed to the funding distribution. A modification has been added to agreement regarding any charges over will be shared among local government and TxDOT. Mayor Reid read the executive summary stating during the January 27, 2003 Council meeting, Council authorized participation in a Regional Video Integration and Distribution project. This phase of the project will provide the City with Internet access to streaming video from existing cameras along all freeways within Harris County and portions of Brazoria and Galveston Counties. All work for this phase of the project will be occurring at the Transtar facility. The lead agency for this project will be TxDOT with Page 7 of 12 —10/27/2003 additional participation by METRO, Harris County, League City, Seabrook, Webster, and Pearland. He stated this is a great opportunity to take advantage of improving traffic issues. Councilmember Marcott asked about the location of the cameras. City Manager, Bill Eisen, stated from his understanding, the agreement provides a certain number of cameras to be located throughout the community with the opportunity to add more cameras at a later date. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-155 — 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 FIRE TRUCK. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Viktorin, to approve Resolution No. R2003-155. City Manager, Bill Eisen, stated this item is part of a vehicle replacement program. The Fire Department is requesting to replace a truck that is approximately 27 years old. The vehicle has more water carrying capacity compared to the vehicle that is being replaced. He stated the amount of the purchase price through HGAC is approximately $23,000 in access of the budget amount. The Fire Department has agreed to make up the difference with funds that have been provided to the department. It is recommended for approval at this time. Mayor Reid stated the Fire Department should be commended for the work they have done in Pearland. The vehicle replacement program allows the department to upgrade vehicles and equipment, and the department also raises money for the purchase of vehicles and equipment as well. Mayor Pro -Tem Tetens asked if the replaced truck would be retired. City Manager, Bill Eisen, stated he believes the truck has already been retired and will be sold at auction. Page 8 of 12 —10/27/2003 Councilmember Marcott asked for the delivery date of the new truck. City Manager, Bill Eisen, stated all of the trucks are custom built, and an order would need to be placed for the truck. The expected delivery would be approximately nine months up until a year: Councilmember Owens asked about the funds from the Municipal Utility Districts being used for the purchasing of equipment in the future. City Manager, Bill Eisen, stated this is based on the overall expenditure out of the general fund budget, and also, anytime money is borrowed for equipment, the annual debt service for that cost is calculated into the fee. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-156 — 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 ROLLING STOCK VEHICLES. Mr. Bill Eisen, City Manager Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Marcott, to approve Resolution No. R2003-156. City Manager, Bill Eisen, stated this involves the purchase of a number of vehicles that was provided for in the operating budget for this year. The vehicles will be purchased through the HGAC program. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — REGARDING THE JOHN LIZ ER/MAGNOLIA/SOUTHFORK COMMITTEE AND POSSIBLE APPOINTMENTS TO THE COMMITTEE. Mr. Bill Eisen, City Manager. Page 9 of 12 — 10/27/2003 Councilmember Viktorin made the motion, seconded by Councilmember Marcott, to table appointing citizens for the John Lizer/Magnolia/Southfork Committee for further review. Michael Klaus, 5016 Groveton, addressed Council and stated he has comments regarding the committee for the John Lizer/Magnolia/Southfork. He stated the question is where is the best place for the City of Pearland to locate the East to West access. He stated where would a local regional mall most likely be placed along SH 288. He stated part of the area along John Lizer/Magnolia/Southfork has been developed residential, and this is a problem. Mr. Klaus stated the access road could be moved down to another location giving the access to a regional mall. This would allow the City to collect tax revenue from the mall and help pay for the access road being located in the right location. Mayor Reid stated Turner, Collie and Braden have been asked to look into the John Lizer/Magnolia/Southfork area in order to help the City make an educated and appropriate decision for the City. Turner, Collie and Braden have indicated that it will be several weeks before that information can be provided. He stated some of the businesses located on Hwy 35 should be contacted as well for their input and comments regarding the expansion. Councilmember Owens stated with the issues surrounding the expansion, the item may need to be tabled. Councilmember Marcott stated he made a list of communities, Rivermist, Cobblestone, Audubon Place, Bryan Acres, Clarktic Place, and Silverlake that would be stakeholders along that road. The businesses should be included making a total of seven stakeholders along that road. Deputy City Manager, Alan Mueller, included Silvercreek. A brief discussion ensued among Council and Staff regarding the communities that would be affected by the extension. City Manager, Bill Eisen, stated Magnolia Court would also be included. Councilmember Viktorin asked citizen, Steve Saboe, if he anticipated the list changing. Steve Saboe, Pearland Citizen, addressed Council and stated the list was centered around the interest of the people he had spoken to. Many of those people have represented their thoughts and concerns during Council meetings. The representation is from people he has had contact with regarding the extension. These people would need to meet several months of commitment to the committee. A couple of positions would be left open in order to have input from future stakeholders who have not been Page 10 of 12 —10/27/2003 well represented. He stated the people just want an opportunity for their voice to be heard and that significant progress would not be made on the project without their input. Mayor Reid stated citizen committees have been formed for previous projects, and it has been very successful. Good ideas have come from the citizens during these projects. A committee will be formed for this project as well, but input needs to come from all the stakeholders affected by this project. Steve Saboe, Pearland Citizen, stated that nine groups have been pointed out that. would be affected by this project. There is only eight spots on the committee, and additional homeowners are along Magnolia as well. A way to collectively represent the constituents needs to be found. Councilmember Marcott asked if Southfork is the dividing line between Silvercreek and Silverlake. Steve Saboe, Pearland Citizen, stated Southfork is the dividing line between Silvercreek and Silverlake. City Manager, Bill Eisen, stated Turner, Collie and Braden is working out specific agreements with sub -consultants that would be doing the actual work. These issues will not be before Council until the first or second Council Meeting in November. There is no work being done on the project at this time; so taking a few weeks to appoint a committee would be o.k. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 8:25 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 - ALEXANDER. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Page 11 of 12 — 10/27/2003 Council returned from Executive Session at 9:15 p.m. COUNCIL ACTION - REGARDING THE ACQUISITION OF LAND ASSOCIATED WITH RIGHT -OF WAY - ALEXANDER. Mr. Darrin Coker, City Attorney. No Council action taken. ADJOURNMENT Meeting was adjourned at 9:16 p.m. Minutes approved as submitted and/or corrected this 10th day of November A.D., 2003. i Tom Reid Mayor ATTEST: Page 12 of 12 —10/27/2003