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2004-01-12 CITY COUNCIL REGULAR MEETING MINUTES0— MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 12, 2004, 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 City Manager City Attorney City Secretary Absent: Councilmember Woody Owens. Tom Reid Richard Tetens Charles Viktorin Larry Marcott Klaus Seeger Bill Eisen Darrin Coker Young Lorfing Others in attendance: Deputy City Manager Alan Mueller; Executive Director of Economic Development Corporation Fred Welch; Police Chief J.C. Doyle; City Engineer Doug Kneupper; Public Affairs Liaison Lynn Munford; Interim Director of Finance Andrea Jason; Parks & Recreation Director Thomas Grieve; Public Works Director Jerry Burns; Purchasing Officer Gordon Island; Project Director Joe Wertz. 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 passed. COUNCIL ACTIVITY REPORTS Mayor Pro -Tem Tetens passed. Councilmember Viktorin reported funding for the Clear Creek Corps of Engineers was cut out of the President's budget. He stated Council, Staff, and people in the area made an effort to get the funding reinstated. He announced in the third week of December 2003, the funding was reinstated. Councilmember Marcott passed. Councilmember Seeger passed. Page 1 of 11 — 1/12/2004 7:30 P.M. CITY MANAGER'S REPORT City Manager, Bill Eisen, expressed his appreciation to the Parks Department for another successful Winterfest. He stated Pearland Parkway is now open to the public, and, the grand opening, "Party on the Parkway", will take place on January 17, 2004, from 12:00 pm — 2:00 pm. He stated during the grand opening, the road would be closed. Due to parking limitations, attendees should park at First Baptist Church of Pearland. A shuttle will accommodate attendees to and from the parking area. Mr. Eisen also reported the current budget allowed for a full-time Emergency Medical Services Director. He stated Jeff Sunset is the new Emergency Medical Services Director and will be joining the Staff later in the month. He stated an offer has been made for the Director of Finance position, and at the end of the week an announcement will be made. CITIZENS Michael Klaus, 5016 Groveton, addressed Council and stated he has attended the majority of the Citizens Code Advisory Committee Meetings. He is concerned about the productivity of the meetings. The meetings have not been posted on the internet. Mr. Klaus stated the committee members have minimal information on the current City standings and future projections. He stated comprehension of certain developmental terms is not clear to the committee members. The drawings for the meetings have not been produced in a timely manner. He commented on the excellent training provided by the City to the members of the Zoning Board of Adjustments and suggested the same training for the Citizens Code Advisory Committee Meetings. Mr. Klaus stated he attended an area tourism meeting; during the meeting, volunteers were requested. He volunteered and will be providing information. He further stated the Magnolia/Southfork Project needs addressing by Council before the beginning of May. Dale Pillow, 2302 Meadow Green Drive, addressed Council and stated there will be a Bike Ride Fund Raiser for Keep Pearland Beautiful during the grand opening of Pearland Parkway. This fund-raiser will help fund the hike and bike trail along Town Ditch. During the Keep Texas Beautiful Convention, Ms. Fenwick and herself attended a great workshop on Eco Tourism. Ms. Pillow presented a petition from her neighborhood subdivision regarding the "walk through" easement between Schleider Drive and Meadow Green Drive. She stated a letter from the City was sent out requesting the opinion of the neighborhood regarding the opening of the walk through easement. This letter was presented to the neighborhood prior to the present petition. Ms. Pillow stated the responses were submitted to the City. Due to the lack of affirmative votes, the issue of opening the easement was dropped. After receiving this information, she and her husband went out in the neighborhood to gather further input. The neighbors expressed the letter received from the City was misunderstood and misinterpreted. The petition was thereafter started and details 72 signatures from residents of the subdivision. The opening of the "walk through" easement would provide Page 2 of 11 —1/12/2004 7:30 P.M. additional access to and from the subdivision. She stated she almost hit two children on Barry Rose Road last Fall. She briefly explained the circumstances that took place and asked Council to consider opening the "walk through" easement. Deputy City Manager, Alan Mueller, stated he understands completely. He stated there are some limited site distance issues, and those issues will need to be addressed. Mayor Pro -Tem Tetens stated crosshatches and signs could be placed in the area designating pedestrians crossing. He stated the easement has been there since he was part of the Planning and Zoning Commission. The easement was purposed for a walk through when Schleider Drive did not exist. He stated during that time, children were able to utilize the opening for access to the Junior High School and the High School. He stated the easement should be opened up and used as intended. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the December 8, 2003, Regular Council Meeting held at 7:00 p.m. 2. Minutes of the December 8, 2003, Regular Council Meeting held at 7:30 p.m. 3. Minutes of the December 15, 2003, Special Council Meeting held at 7:00 p.m. 4. Minutes of the January 5, 2004, Special Council Meeting held at 6:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE OF SHADOW CREEK RANCH SF -21. Mr. Doug Kneupper, City Engineer. C. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1143 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE FOR THE CONSTRUCTION OF ROAD AND UTILITY 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. Page 3 of 11 — 1/12/2004 7:30 P.M. D. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1144 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE FOR THE CONSTRUCTION OF ROAD AND UTILITY 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. E. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1145 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE FOR THE CONSTRUCTION OF ROAD AND UTILITY 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. F. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1146 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE FOR THE CONSTRUCTION OF ROAD AND UTILITY 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 Page 4 of 11 —1/12/2004 7:30 P.M. adopt Consent Agenda Items A through F as presented on the Consent Agenda. Voting "Aye" Councilmembers Viktorin, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. MATTERS REMOVED FROM CONSENT AGENDA None NEW BUSINESS COUNCIL ACTION — REMOVE FROM TABLE ORDINANCE NO. 509-685. City Council. This item was passed with no Council action taken. FIRST READING OF ORDINANCE NO. 509-685 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING LOT 23 AND LOT 24, BLOCK 3, WAGON WHEEL SUBDIVISION, ABSTRACT 509, H.T. & B.R.R. COMPANY SURVEY, BRAZORIA COUNTY, TEXAS (6017 LARRYCREST DRIVE) (APPLICATION NO. 1135) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO NEIGHBORHOOD SERVICE DISTRICT (NS) AT THE REQUEST OF BILLY K. DAVIS, 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. This item was passed with no Council action taken. FIRST READING OF ORDINANCE NO. 1148 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A CERTAIN TEN FOOT (10') PUBLIC UTILITY EASEMENT RECORDED IN VOLUME 21, PAGE 77 OF PLAT RECORDS OF, 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. Page 5 of 11 —1/12/2004 7:30 P.M. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Viktorin, to approve Ordinance No. 1148 on its first reading. City Manager, Bill Eisen, stated a Public Hearing was held tonight regarding this item. There are no utilities within the easement, and no people were present to speak for or against the issue. Voting "Aye" Councilmember Seeger, Marcott, Tetens, and Viktorin. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. FIRST READING OF ORDINANCE NO. 1147 — 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. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Tetens, to approve Ordinance No. 1147 on its first reading. City Manager, Bill Eisen, stated a Public Hearing was held tonight regarding this item. There were no people present to speak for or against the item. He stated the item relates to the disannexation of a portion of property to be annexed into Municipal Utility District No. 6. He further stated the second reading of the Ordinance should not take place until the City receives a request from Municipal Utility District No. 6 to disannex the property. The second reading of the Ordinance also should not take place until Council and Staff discuss the application of the City's Sign Ordinance/Ordinances for the tract of land. Voting "Aye" Councilmembers Viktorin, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION — RESOLUTION NO. R2004-1 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ASSIGNING THE AUTHORITY TO ISSUE SINGLE FAMILY CONVERTIBLE MORTGAGE NOTES TO BRAZORIA COUNTY AS THE SPONSORING POLITICAL SUBDIVISION OF THE SOUTHEAST TEXAS HOUSING FINANCE CORPORATION. Mr. Bill Eisen, City Manager. Page 6 of 11 —1/12/2004 7:30 P.M. Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2004-1. City Manager, Bill Eisen, stated by approving this resolution, the City would be able to continue a program which provides funding for first time homebuyers. The City has been a part of this program for six years. The program is provided through the Southeast Texas Finance Corporation. Councilmember Marcott asked if any Pearland residents received funding from the program. City Manager, Bill Eisen, stated Pearland residents have received funding from the program; however, he has not seen a report on the number of individuals that received funding. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, and Viktorin. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION — RESOLUTION NO. R2004-3 — A RESOLUTION OF THE CITY �. COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN RIGHT-OF-WAY ACQUISITION CONTRACT WITH COATES FIELD SERVICE, INC., FOR RIGHT-OF-WAY ACQUISITION SERVICES ASSOCIATED WITH THE O'DAY ROAD SEWER PROJECT. Mr. Bill Eisen, City Manager. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2004-3. City Manager, Bill Eisen, stated Council has previously discussed O'Day Road Sewer Line. The line would serve a considerable portion of the City. This contract is for the approval of an agreement for land acquisition services with Coates Field Service, Inc. for the amount of $43,500. Voting "Aye" Councilmembers Viktorin, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION — RESOLUTION NO. R2004-2 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR Page 7 of 11 — 1/12/2004 7:30 P.M. CONSTRUCTION OF THE CORRIGAN BY-PASS DITCH DRAINAGE IMPROVEMENTS. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Viktorin, to approve Resolution No. R2004-2. City Manager, Bill Eisen, stated this item was discussed in a Workshop prior to the Meeting. The construction would help improve the flooding conditions of South Corrigan. The bid is for approximately $2.3 million dollars. This amount is considerably low compared to other estimates received. He stated the City is currently awaiting permit approval from the Corps of Engineers. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, and Viktorin Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE PEARLAND PARKWAY PARADE ROUTE FOR "PARTY ON THE PARKWAY", JANUARY 17, 2004. Ms. Lynn Munford, Public Affairs Liaison. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Tetens, to approve the Pearland Parkway Parade Route for "Party on the Parkway." City Manager, Bill Eisen, stated the parade route is not a previously designated parade route and does require Council approval. Council is asked to designate the proposed route for the parade on Saturday. Mayor stated Lynn Munford, Public Affairs Liaison, is taking a lot of action to prepare the Pearland Parkway Parade. Councilmember Marcott stated the Ribbon Cutting Ceremony for Pearland Parkway was great, and he has received several comments regarding the easy access to Beltway 8. He stated this road helps move the community. A brief discussion ensued among Council and Staff regarding future roads and the future extension of the Pearland Parkway through Pearland, Friendswood, and League City. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, and Viktorin. Voting "No" None. Page 8 of 11 — 1/12/2004 7:30 P.M. — Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION — RESOLUTION NO. R2004-4 — 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 P T & T, LTD., FOR THE EXCAVATION OF DIRT ASSOCIATED WITH THE WEST MARY'S CREEK DETENTION FACILITY. Mr. Alan Mueller, Deputy City Manager. Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2004-4. City Manager, Bill Eisen, stated previously the City entered into an agreement with the Developer of Cypress Village related to the West Mary's Creek Storm Water Detention Facility. There are two basins that are part of the facility. The agreement stated the developer would excavate a portion of the facility that was required for the subdivision. The dirt excavated was used on the property. The developer needs more dirt for the subdivision, and the contract before Council tonight would allow additional excavation and use of the dirt. He stated if the developer is ready to excavate the dirt prior to the City starting the West Mary's Creek excavation, the developer would cover full cost for excavating the property. However, if the City is ready to excavate the dirt prior to the .-- developer, the developer will pay half of the hauling cost. Councilmember Marcott stated he thinks this is a good idea, and it would help the bond money go further. Voting "Aye" Councilmembers Viktorin, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION — RESOLUTION NO. R2004-5 — 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 FREESE & NICHOLS, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE CULLEN BOULEVARD SEWER PROJECT. Mr. Bill Eisen, City Manager. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2004-5. City Manager, Bill Eisen, stated this line would provide additional sewer service to the onft area in the vicinity of Cullen Boulevard Road Extension. Freese & Nichols is the firm currently handling the design work on Cullen Boulevard. The recommendation is for Page 9 of 11 —1/12/2004 7:30 P.M. Freese & Nichols to also handle the sewer line design along the extension of Cullen Boulevard. Councilmember Viktorin asked if the measurements were consistent with meeting the needs for that area in the future. City Manager, Bill Eisen, stated this should be consistent with the recently approved wastewater plan. Deputy City Manager, Alan Mueller, stated it is also consistent with the FM 518 sewer line. The sewer line could not get any bigger and would provide for the flow to Southwest Environmental Center and the Countryplace Wastewater plant. The line was sized in accordance with the City's Master Plan. Councilmember Marcott asked if the funding for the sewer line is from the bond funds. Deputy City Manager, Alan Mueller, stated it is funded from capital improvement funds. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, and Viktorin. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 8:16 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. 2. SECTION 551.071 — CONSULTATION WITH ATTORNEY: REGARDING LEGAL MATTERS ASSOCIATED WITH THE CITY'S EXTRA TERRITORIAL JURISDICTION. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 9:00 p.m. Page 10 of 11 —1/12/2004 7:30 P.M. COUNCIL ACTION - REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY FOR CITY FACILITIES. Mr. Darrin Coker, City Attorney. No Council action taken. COUNCIL ACTION - REGARDING LEGAL MATTERS ASSOCIATED WITH THE CITY'S EXTRA TERRITORIAL JURISDICTION. Mr. Darrin Coker, City Attorney. No Council action taken. ADJOURNMENT Meeting was adjourned at 9:01 p.m. Minutes approved as submitted and/or corrected this 26th day of January A.D., 2003. pc�J' Tom Reid Mayor ATTEST: Page 11 of 11 —1/12/2004 7:30 P.M.