2003-11-24 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON NOVEMBER 24, 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
City Attorney
Tom Reid
Charles Viktorin
Woody Owens
Klaus Seeger
Larry Marcott
Bill Eisen
Darrin Coker
Absent: Mayor Pro -Tem Richard Tetens.
Others in attendance: Deputy City Manager Alan Mueller; Executive Director of
Community Services Tobin Maples; Executive Director of Economic Development
Corporation Fred Welch; City Engineer Doug Kneupper; Public Affairs Liaison Lynn
Munford; Parks & Recreation Director Thomas Grieve; Public Works Director Jerry
Burns; Purchasing Officer Gordon Island; Public Works Superintendent Cecil Bowery;
Planning Manager of Community Development Lata Krishnarao; Planner 1 Theresa
Grahmann; Lieutenant Ron Fraser; Deputy City Secretary LaKeisha Cannon -Scott.
The invocation was given by Councilmember Viktorin, and the Pledge of Allegiance was
led by Lieutenant Ron Fraser.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported on November 11 he was the Speaker for the Vetaran's Day
Service at the VFW Post 7101, attended a Chamber Mixer Altered Image Meeting and a
Christian Helping Hand Chamber Mixer Meeting; November 12 he attended the
Exchange Club One Nation Under God Breakfast, a Chamber Monthly Luncheon, the
FM518 Corridor Study Meeting, the Ministorial Alliance Veteran Day/Thanksgiving
Event, and met with Dr. Staples from the University of Clearlake and Dr. Albright from
the University of Alvin Community College; November 13 he met with YMCA Director
Robbie Gill, attended a Chamber Retreat, the BRIO Superfund Site Completion Event,
and a Council Workshop with BDD #4; November 14 he attended a Pearland Arts
League Meeting; November 17 he spoke at the Chase Bank Ribbon Cutting Ceremony,
attended an Agenda Meeting, had lunch with a local Developer, met with Tobin Maples
and Planning regarding a Zone Change Public Hearing, attended a Yost Road Meeting
with Shadycrest Citizens and a Council Public Hearing; November 18 he attended an
HGAC Board of Directors Meeting, the BRA De Salination Presentation, a Pearland
State Bank Chamber Mixer Meeting, and the City of Pearland Thanksgiving Luncheon;
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November 18-22 he attended the TML Annual Meeting; November 24 he attended the
YMCA Skate Park Committee Meeting, a PEDC Board of Directors Meeting, and met
with Congressman Tom Delay.
Mayor Reid stated Councilmember Tetens is currently out of the State and will not be
attending tonight's Council Meeting.
COUNCIL ACTIVITY REPORTS
Councilmember Viktorin reported on November 18-22 he attended the Texas Municipal
League Conference. He stated it is interesting and very rewarding to meet with Elected
Officials from other cities throughout the state. A good exchange of thoughts and ideas
are very informative in helping problems throughout different cities.
Councilmember Owens reported on November 11 he attended the Christian Helping
Hand Chamber Mixer; November 18 he attended the City Thanksgiving Luncheon; he
also attended a PEDC Luncheon, a Joint Meeting with BDD #4, and a Brazoria County
Leukemia Society Kick -Off Event; November 18-22 he attended the Texas Municipal
League Conference. He stated the conference was a great opportunity to meet other
Elected Officials and Department Heads of Cities throughout Texas.
Councilmember Marcott reported he attended the same meetings mentioned.
Councilmember Seeger passed.
CITY MANAGER'S REPORT
City Manager, Bill Eisen, stated City facilities are closed November 27-28. He stated
the Christmas Tree Lighting Ceremony is December 4 at 7:00 p.m., and the Christmas
Parade is December 6 at 6:00 p.m.
CITIZENS
Michael Klaus, 5016 Groveton, addressed Council and stated PGL 52 is a great thing
that requires a lot of involvement from people. He stated this is one of several
Government Programs that have been linked together. Another part of this is the FEMA
CRS Package, which the City is currently involved in. A Storm Water package would
need to be included by. the City in order to meet the requirements of PGL 52. The City
would not have to do a lot to receive the benefits of PGL 52, but public involvement is
necessary. He stated if the involvement from the public up and down the watershed
took place, the City will be finished with the requirements of the PGL 52. Mr. Klaus
further stated that if paper work is completed properly, then the City would also be
eligible to be the flood plain administrator for this area and could receive additional
funding from FEMA. He stated he is currently working with Councilmember Viktorin and
Page 2 of 18 —11 /24/2003
others throughout the City in order to move forward with this process.
C.D. Anderson, 3215 Jacquelyn Drive, addressed Council and stated he would like to
address an issue concerning the Citizens Code Advisory Board. He stated he has
attended 4 to 5 meetings that have been held by the Board, and at the last meeting it
was stated that consensus was given for cluster housing. He stated he is very
concerned about putting very dense housing development in the City. Mr. Anderson
stated during that meeting, he did not hear any consensus regarding cluster housing.
There was great concern regarding the green space for these dense housing
communities. He is concerned about the dense housing becoming a slum or ghetto.
He stated less than 50% of the committee attended the meeting. Mr. Anderson further
stated there are two areas consensus has not been reached on by the board. Those
two areas are cluster housing and apartments. He asked Council not accept any input
regarding the consensus on cluster housing from the director.
John Watts, 1502 Silver Maple Lane, addressed Council and stated he has concerns
regarding the recent workshop concerning BDD #4. He stated BDD #4 is currently
digging up dirt from the North side of the Creek, the residential portion in his community,
and taking the dirt the South side of the Creek, the commercial area of his community.
He stated this is raising the commercial area above the flood plain. This will cause
future flooding problems for the residential portion of Silver Maple Lane, Juniper Lane,
and Evergreen Lane. Mr. Watts stated BDD #4 has an obligation to protect the existing
homeowners in that community. He stated it would be very simple to purchase dirt for
the commercial area versus removing dirt from the residential side of the creek, and a
dam should be built to protect the residential area. He asked Council to address this
issue further with BDD #4.
Kenneth Edwards, 1506 Silver Maple, addressed Council and stated he concurs with
the statement given by Mr. Watts. Taking the dirt from one side of the creek to the other
side of the creek will cause :problems. He stated dirt should be purchased for this
project. Mr. Edwards stated he has lived in the community for four years and was a
resident during Tropical Storm Allison. He stated the creek came over the banks and
into his yard during that time. He asked Council to do something regarding this issue.
Most of the residents have invested their life savings into their homes and previously
received problems with the home builders of the community and lost money. He further
stated when homes are flooded, they are no longer valued the same.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES:
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1. Minutes of the November 10, 2003, Public Hearing (Disannexation) held at
6:30 p.m.
2. Minutes of the November 10, 2003, Public Hearing (Abandonment of utility
easement) held at 6:30 p.m.
3. Minutes of the November 10, 2003, Regular Council Meeting held at 7:30
p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-680 — 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 12.0467
ACRES, BEING OUT OF LOTS 59 AND 60 OF THE ALLISON RICHEY GULF
COAST HOME COMPANY'S SUBDIVISION, SECTION 20, H.T. & B.R.R.
COMPANY SURVEY, ABSTRACT 506, BRAZORIA COUNTY, TEXAS (NORTH
SIDE OF FM 518, AND WEST OF CULLEN BOULEVARD) (APPLICATION NO.
1129) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)
TO GENERAL BUSINESS (GB) AT THE REQUEST OF ALFRED E. LENTZ,
AGENT FOR BILL WISE, 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. 509-681 — 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 0.72
ACRES, GARDEN ACRES SUBDIVISION, SECTION 2, LOTS 1 AND 2, BLOCK
2, ABSTRACT 219, H.T. & B.R.R. COMPANY SURVEY, BRAZORIA COUNTY,
TEXAS (GARDENIA STREET AT GARDEN ROAD) (APPLICATION NO. 1130)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JEFFREY
AND VERETTA WHITEHEAD, 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.
Page 4 of 18 —11 /24/2003
D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-682 — 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 19.697
ACRES, TRACT 2A, AND 4.3412 ACRES, TRACT 3, ABSTRACT 509, H.T. &
B.R.R. COMPANY SURVEY, BRAZORIA COUNTY, TEXAS (5406 MAGNOLIA
STREET) (APPLICATION NO. 1127) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT
(R-1) AT THE REQUEST OF ELAINE JANET W. HADDEN, 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 Map/es, Executive Director of Community Services.
E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-683 — 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 LOTS 5
AND 6, BLOCK 3, OF COLONIAL ESTATES, ABSTRACT 509, H.T. & B.R.R.
COMPANY SURVEY, BRAZORIA COUNTY, TEXAS (5130 CONFEDERATE
DRIVE) (APPLICATION NO. 1126) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT
(R-1) AT THE REQUEST OF WILLIAM L. FREEMAN, 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. 1023-1 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING EXHIBIT "H" OF
ORDINANCE NO. 1023 AS IT APPLIES TO FEES FOR WAIVERS OF
ENCROACHMENTS; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE AND ,A REPEALER CLAUSE; PROVIDING FOR CODIFICATION,
PUBLICATION, AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
G. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1133 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, DISCONTINUING AND
DISANNEXING CERTAIN TERRITORY FROM THE CITY AND ADJUSTING
Page 5 of 18 —11 /24/2003
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.
H. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1134 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A CERTAIN
FOURTEEN FOOT (14') PUBLIC UTILITY EASEMENT LOCATED IN THE J.
CRAWLEY SURVEY, ABSTRACT 174, AND THE WILLIAM MORRIS SURVEY,
ABSTRACT 344, BRAZORIA COUNTY, TEXAS, WITHIN THE CORPORATE
CITY LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS; HAVING A
SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE, Mr. Darrin Coker, City Attorney.
I. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1135 — AN ORDINANCE GRANTING THE
CONSENT OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO
THE CREATION OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO.
34 WITHIN THE CITY'S CORPORATE BOUNDARIES. Mr. Darrin Coker, City
Attorney.
J. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1136 — AN ORDINANCE GRANTING THE
CONSENT OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO
THE CREATION OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO.
35 WITHIN THE CITY'S CORPORATE BOUNDARIES. Mr. Darrin Coker, City
Attorney.
K. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE
OF SHADOW CREEK RANCH SF -14B. Mr. Doug Kneupper, City Engineer.
L. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE
OF TOWNE LAKES ESTATES SECTION TWO. Mr. Doug Kneupper, City
Engineer.
M. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-179
— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AWARDING A BID FOR THE INSTALLATION OF TWO GROUND
STORAGE TANKS (ALICE STREET WATER PLANT). Mr. Bill Eisen, City
Manager.
N. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-176
— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
Page 6 of 18 —11 /24/2003
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 VEHICLES FOR EMS AND THE FIRE
MARSHAL'S OFFICE. Mr.. Bill Eisen, City Manager.
Councilmember Viktorin made the motion, seconded by Councilmember Seeger, to
adopt Consent Agenda Items A through N, with the exception of item H, 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
SECOND AND FINAL READING OF ORDINANCE NO. 1134 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A
CERTAIN FOURTEEN FOOT (14') PUBLIC UTILITY EASEMENT LOCATED IN THE J.
CRAWLEY SURVEY, ABSTRACT 174, AND THE WILLIAM MORRIS SURVEY,
ABSTRACT 344, BRAZORIA COUNTY, TEXAS, WITHIN THE CORPORATE CITY
LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE
AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
Councilmember Viktorin made the motion, seconded by Councilmember Seeger, to
table Ordinance No. 1134 on its second and final reading for further studying.
Voting "Aye" Councilmembers Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent.
NEW BUSINESS
COUNCIL ACTION — REGARDING THE JOHN LIZER/MAGNOLIA/SOUTHFORK
COMMITTEE AND POSSIBLE APPOINTMENTS TO THE COMMITTEE. Mr. Bill Eisen,
City Manager.
Page 7 of 18 —11 /24/2003
Councilmember Owens made the motion, seconded by Councilmember Marcott, to
appoint Jim Ragan and Bryan Johnson to the John Lizer/Magnolia/Southfork
Committee.
Mayor Reid stated previously, during a Council Workshop, discussion took place
regarding the stakeholders along the proposed John Lizer/Magnolia/Southfork
Extension Corridor. He stated during the last meeting, Steve Saboe was appointed
Chairman. Appointed to the committee were Molly Burkett, Joe Lynn Busick, Michael
Whitney, and Jason Dunmyer. He recommended Jim Ragan of Silverlake and Bryan
Johnson of Silvercreek be appointed to the committee.
James Ragan, 2914 Capecrest Drive, addressed Council and stated he is one of the ,
three Board of Directors of the Silverlake Homeowners Association. He stated he
represents over 2500 homes in the area affected by the Magnolia/Southfork
thoroughfare. He stated he is also a Municipal Utility District No. 6 Board Director. He
stated his concerns regarding the Citizens Advisory Committee for this project. He
expressed his concerns regarding the Committee being micromanaged. In closing, Mr.
Ragan stated he wants his community to be treated fairly, allowing the citizens of the
community to choose the committee members from the Silverlake area.
Mayor Reid stated Council has no intention of micromanaging the committee. He stated
the focus point is the stakeholders surrounding the area of the corridor. He stated Mr.
Ragan is recommended based on a submittal from the Silverlake community and Mr.
Johnson was recommended based on a submittal from his community. He does
appreciate the comments given by Mr. Ragan.
Mr. Ragan, 2914 Capecrest Drive, addressed Council and stated his speech was
written before knowing about his current recommendation for appointment to the
committee.
Councilmember Marcott stated Mr. Dunmyer was chosen as a member of the
committee based on his expressed views and questions regarding the proposed
thoroughfare. He stated the Silverlake community wants things looked at from their
viewpoint only, and there are more communities involved. He stated more
appointments are being made to the committee, and there will be a total of ten
members. Councilmember Marcott stated Council has some very hard decisions to
make regarding the proposed thoroughfare. Council thought a decision was made, but
$30 million dollars brought Council back to the decision process. The committee is
being formed for communication regarding the input of the citizens on the proposed
project.
Councilmember Viktorin stated there is a side that is not attending the meetings and
comments were made regarding stacking the committee in choosing two people from
Page 8 of 18 —11 /24/2003
-- the Silverlake area. Council is in a hard situation regarding the people placed on the
committee.
Councilmember Owens asked for a clear definition regarding the duties and
responsibilities of the Citizen Code Advisory Committee.
Mayor Reid stated the Committee will be a communication committee, interfacing
directly with the City Manager, Bill Eisen, regarding the issues surrounding the
proposed thoroughfare project.
City Manager, Bill Eisen, stated a resolution was passed stating the committee will be a
form of communication for the citizens. The committee will only bring up issues and will
not be able to make any recommendations.
Councilmember Owens stated the committee would be a form of communication to take
information to the citizens regarding the project and discuss issues from the citizens to
the City Manager.
Mayor Reid stated Citizen Code Advisory Committees have been used with previous
City projects and were very helpful and informative. He stated the current committee for
this project should go ahead and convene the first meeting as soon as possible.
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. R2003-181 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK
AUTHORIZATION #13 FOR SURVEYING SERVICES ASSOCIATED WITH THE
PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM (JOHN
LIZER/MAGNOLIA/SOUTH FORK PROJECT). Mr. Bill Eisen, City Manager.
Councilmember Marcott made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2003-181.
City Manager, Bill Eisen, stated a course of action was chosen by Council regarding the
John Lizer/Magnolia/Southfork Project, and this item is regarding preliminary
investigation of the project. This item would allow the C.L. Davis firm to start surveying
for the specific route of the proposed thoroughfare.
Michael Klaus, 5016 Groveton, addressed Council and stated the dates surrounding the
-- project need to be changed. He stated the current dates show the results of the
Page 9 of 18 —11 /24/2003
analysis should be completed during June. He asked Council to push back receiving
those results to April due to the drainage issues of the City.
Councilmember Viktorin asked for a clarification from Mr. Klaus.
Mr. Klaus requested the dates be moved up to April of 2004 versus June of 2004.
Voting "Aye" Councilmember Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent.
COUNCIL ACTION — RESOLUTION NO. R2003-178 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN EMERGENCY
EXPENDITURE ASSOCIATED WITH REPAIRS TO THE MAGNOLIA WATER WELL.
Mr. Bill Eisen, City Manager.
Councilmember Seeger made the motion, seconded by Councilmember Marcott, to
approve Resolution No. 2003-178.
City Manager, Bill Eisen, stated during an inspection of a water well on Magnolia street,
a number of problems were noted. This required some immediate repairs to the water
well. The total amount for the emergency repair was approximately $48,000.
Councilmember Marcott asked for the total capacity of the water well.
Public Works Director, Jerry Burns, stated the total capacity is 500,000 gallons.
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. R2003-177 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN EMERGENCY
EXPENDITURE ASSOCIATED WITH REPAIRS TO THE STRATFORD STREET
SEWER LINE. Mr. Bill Eisen, City Manager.
Councilmember Viktorin made the motion, seconded by Councilmember Owens, to
approve Resolution No. 2003-177.
Page 10 of 18 — 1 1/24/2003
City Manager, Bill Eisen, stated this item is regarding some emergency repairs made to
the Stratford Street Sewer Line. He stated the line had leaks and was leaking into the
City's storm sewers. The amount for the emergency repairs was $39,708.
Councilmember Owens asked if the amount budgeted came from another project:
City Manager, Bill Eisen, stated the amount budgeted was for miscellaneous repairs
over the course of the year, and this item is a small portion of that amount budgeted.
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. 1138 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT
OF A MONUMENT SIGN AND BRICK FLOWER BEDS INTO THE CITY'S RIGHT-OF-
WAY AT THE INTERSECTION OF C.R. 59 AND JACKSON AVENUE IN THE CITY OF
PEARLAND. Mr. Darrin Coker, City Attorney.
Councilmember Owens made the motion, seconded by Councilmember Marcott, to
approve Ordinance No. 1138 on its first reading.
City Attorney, Darrin Coker, stated this item is regarding a waiver of encroachment. He
stated Council has adopted a set of fees for waivers of encroachment. The fee for this
encroachment is $500.00 because it is located in the City's right-of-way. The city has
received this fee.
Councilmember Marcott asked if this is being built entirely in the City's right-of-way.
City Attorney, Darrin Coker, stated it is being built in the City's right-of-way and is
considered an encroachment. However, under the protective covenant, if in the future it
is deemed necessary to remove the improvement, the owner would receive the expense
of moving the monument.
Deputy City Manager, Alan Mueller, asked if there is room for the sidewalk.
City Attorney, Darrin Coker, stated there is room for the sidewalk.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" None.
Page 11 of 18 —11/24/2003
Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent.
FIRST READING OF ORDINANCE NO. 1137 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT
OF AN ELECTRIC LINE INTO A UTILITY EASEMENT. Mr. Darrin Coker, City Attorney.
Councilmember Marcott made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 1137 on its first reading.
City Manager, Bill Eisen, stated this is also a waiver of encroachment. This
encroachment will be into a utility easement for the construction of a swimming pool.
City Attorney, Darrin Coker, stated the electrical lines for the pool would need to be
placed into a utility easement. The fee for this encroachment is $250.00. He stated
there are a total of three encroachments on the agenda. They were held until Council
adopted the fees for the encroachments.
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. R2003-180 — 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 BLACK & VEATCH CORPORATION FOR ENGINEERING SERVICES
ASSOCIATED WITH THE PREPARATION OF A WATER AND SEWER RATE STUDY.
Mr. Bill Eisen, City Manager.
Councilmember Seeger made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2003-180.
City Manager, Bill Eisen, stated this item is regarding a water and sewer rate analysis.
The agreement is for services provided by Black & Veatch Corporation, and a five year
projection will be given.,
Councilmember Marcott asked about a water conservation program for the City of
Pearland.
City Manager, Bill Eisen, stated he is not sure how much of an impact a water
conservation program would have on the City. The City currently provides the citizens
Page 12 of 18 —11 /24/2003
with information regarding water conservation. He stated he is not sure what other
things could be done besides advising the community to conserve water. He stated
water limits have been placed in the past during peak times. He is not sure of a
mandatory water limit being established for the City.
Mayor Reid stated he does not think a mandatory consumption would be necessary.
However, State does require the City to have a conservation plan. People do need to
be encouraged to conserve water.
City Manager, Bill Eisen, stated the City is publicizing water conservation to the citizens.
More information can be given.
Deputy City Manager, Alan Mueller, stated the City technically has a drought
contingency plan versus a comprehensive water conservation plan.
Public Works Director, Jerry Burns, stated there are a lot of things involved with a water
conservation plan. The City currently does not have a water conservation plan, but a lot
of the items listed within a water conservation plan are currently be used by the City.
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. R2003-175 - A RESOLUTION AND ORDER
OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CASTING VOTES
FOR CANDIDATES FOR THE BRAZORIA COUNTY APPRAISAL DISTRICT BOARD
OF DIRECTORS. Mr. Darrin Coker, City Attorney.
Councilmember Viktorin made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2003-175, nominating Jo Knight as a candidate for the
Brazoria County Appraisal District Board of Directors.
City Manager, Bill Eisen, stated Council went through a nomination process for the
chosen candidate. Two candidates were nominated, Dennis Frauenberger and Jo
Knight. He stated respectfully Mr. Frauenberger recently passed away. Ms. Knight
does have an interest in the position and is recommended for appointment. Council can
cast 257 votes out of 5000 for the candidate appointed.
Mayor Reid suggested Council to cast all 257 votes for Jo Knight.
City Manager, Bill Eisen, stated Ms. Knight will also be receiving the support of votes
from the Pearland Independent School District.
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Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent.
COUNCIL ACTION — APPOINTMENT OF A ROADWAY IMPACT FEE ADVISORY
COMMITTEE. Mr. Alan Mueller, Deputy City Manager.
Councilmember Owens made the motion, seconded by Councilmember Marcott, to
appoint the Planning and Zoning Commission as the Roadway Impact Fee Advisory
Committee.
City Manager, Bill Eisen, stated any time impact fees are being considered or updated,
State Law requires the appointing of an Advisory Committee. This committee would
work with the City in the stages of changing impact fees. He stated in the past, the
Planning and Zoning Commission has been utilized for this committee.
Councilmember Owens asked for a briefing of the Impact Fee Advisory Committee.
City Manager, Bill Eisen, stated the City is considering a roadway impact fee, which
would require the new developers within the community to pay into the fund, and
proceeds from the fund would be utilized for road improvements. A draft of the
estimated fees should be available shortly after the first of the year.
Councilmember Owens asked if the funds would be set up in account for the purpose of
improvements to roadways and nothing else.
City Manager, Bill Eisen, stated State Law requires the funds to be used for
improvements only, to increase capacity for recent/new development or for future/new
development.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent.
COUNCIL ACTION - REAPPOINTMENT OF JO KNIGHT TO SERVE ON THE TAX
INCREMENT REINVESTMENT ZONE NUMBER TWO BOARD OF DIRECTORS AND
REAPPOINTMENT OF NIGEL HARRISON TO SERVE AS CHAIRPERSON ON TAX
INCREMENT REINVESTMENT ZONE NUMBER TWO BOARD OF DIRECTORS.
Mayor Tom Reid..
Page 14 of 18 —11 /24/2003
Councilmember Marcott made the motion, seconded by Councilmember Owens, to
appoint Jo Knight to serve on the Tax Increment Reinvestment Zone Number Two
Board of Directors and Nigel Harrison to serve as chairperson on Tax Increment
Reinvestment Zone Number Two Board of Directors.
Mayor Reid stated both are currently serving on the Tax Increment Reinvestment Zone
Number Two Board of Directors. He recommends the reappointment of the two
members. This board is for the Shadow Creek Ranch development.
Voting "Aye" Councilmembers Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent.
CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE
NO. 1139 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, WAIVING THE ENCROACHMENT OF MONUMENT SIGNS INTO THE CITY'S
RIGHT-OF-WAY AT THE INTERSECTION OF SCHLEIDER DRIVE AND PLUM
STREET AND THE INTERSECTION OF SCHLEIDER DRIVE AND ORANGE STREET.
Mr. Darrin Coker, City Attorney.
Councilmember Seeger made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 1139 on its first reading.
City Attorney, Darrin Coker, stated a correction to the requested encroachment at the
intersection at Orange needs changing. There is currently a conflict with this
encroachment. This change will be made before the second reading of the Ordinance.
Councilmember Marcott asked if the Municipal Utility District sign on Orange and
Schleider is in the City's right-of-way.
Deputy City Manager, Alan Mueller, stated typically the signs are placed in the right of
way, but on the line. He is not sure if the sign is in the City's right-of-way, but it would
be checked.
Voting "Aye" Councilmembers Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent.
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COUNCIL ACTION — RESOLUTION NO. R2003-182 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, RATIFYING AN ENGINEERING
CONTRACT BETWEEN KIRST ENGINEERING COMPANY AND THE PEARLAND
ECONOMIC DEVELOPMENT CORPORATION FOR ENGINEERING SERVICES
ASSOCIATED WITH THE INDUSTRIAL DRIVE WATER IMPROVEMENTS.
Mr. Bill Eisen, City Manager.
Councilmember Viktorin made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2003-182.
City Manager, Bill Eisen, stated this item is for the engineering services for Industrial
Drive water improvements. These improvements may cost up to a $100,000 and is
before Council just in case that is the cost. He stated this item has been approved by
the Pearland Economic Development Corporation and is recommended for Council
approval.
Councilmember Marcott asked if the percentage for engineering costs is considered a
lot of money.
City Manager, Bill Eisen, stated it is a small project, and typically, the cost associated
with construction increases the percentage of the engineering cost. Also the City
anticipates this project being handled by the City, which would lower some of the cost.
Councilmember Marcott asked if this is something that could be engineered by the City
Engineer and Staff.
City Manager, Bill Eisen, stated with the current level of City activity, it limits the City
Engineer and Staff. However, the City Engineer and Staff could do this project if not
having other projects of the City to handle.
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 8:45 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Page 16 of 18 —11/24/2003
1. SECTION 551.074 — PERSONNEL MATTERS — REGARDING
APPOINTMENTS OR REAPPOINTMENTS TO THE CITY'S
VARIOUS BOARDS AND COMMISSIONS. Mr. Bill Eisen, City
Manager.
2. SECTION 551.072 — REAL PROPERTY: DISCUSSION
REGARDING THE SALE, LEASE, OR EXCHANGE OF REAL
PROPERTY — CITY FACILITIES. Mr. Bill Eisen City Manager.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 9:49 p.m.
COUNCIL ACTION - REGARDING APPOINTMENTS OR REAPPOINTMENTS TO
THE CITY'S VARIOUS BOARDS AND COMMISSIONS. City Council.
Councilmember Viktorin made the motion, seconded by Councilmember Owens, to
appoint Ed Thompson to the Pearland Economic Development Corporation.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent.
COUNCIL ACTION — REGARDING THE SALE, LEASE, OR EXCHANGE OF REAL
PROPERTY — CITY FACILITIES. Mr. Bill Eisen, City Manager.
No action taken.
ADJOURNMENT
Meeting was adjourned at 9:50 p.m.
Page 17 of 18 —11 /24/2003
Minutes approved as submitted and/or corrected this 8th day of December A.D
2003.
Tom Reid
Mayor
ATTEST:
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