2004-07-12 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON JULY 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
Councilmember
City Manager
Tom Reid
Charles Viktorin
Richard Tetens
Woody Owens
Larry Marcott
Kevin Cole
Bill Eisen
Others in attendance: Deputy City Manager Alan Mueller, Deputy City Attorney, Nghiem
Doan; Executive Director of Economic Development Corporation Fred Welch; Police
Chief J.C. Doyle; City Engineer Doug Kneupper; Public Liaison Lynn Munford; Director
of Human Resources Mary Hickling; Public Works Jerry Burns; Fire Marshal Steve
Chapman; EMS Director Jeff Sundseth; Project Director Joe Wertz; Planning Manager
of Community Development Lata Krishnarao; and Planner 1 Theresa Grahmann.
,W,, The invocation was given by Reverend Harold Gentry and the Pledge of Allegiance was
led by Police Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported on July 2 he attended an Agenda Meeting, a meeting of individuals
regarding establishing a Community Hospital, and met with Mr. Poterfield of the
Sheltering Arms Organization; July 4 he attended the 4th of July Celebration; July 6 he
attended a meeting with Sam Matzas and Bill Eisen regarding the Community Band;
July 7-9 he attended the Texas Association of Regional Councils of Government
representing Houston -Galveston Area Council.
Mayor Reid introduced Linda Cowles with Keep Pearland Beautiful.
Linda Cowles with Keep Pearland Beautiful stated this year at the 37th Annual Keep
Texas Beautiful Convention the City of Pearland was honored with several awards and
achievements. She presented to Council the achievements and stated Keep Pearland
Beautiful won second place in the population category for the Governor's Award. They
also received an Excellence Award and a Gold Star Affiliate Award. She gave her
thanks to Council and the City for the support and help given.
Dale Pillow with the Reporter News stated they won the First Place Media Award for
assistance with programs for Keep Pearland Beautiful.
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Mayor Reid stated he is very proud of Keep Pearland Beautiful and the wonderful things
done by the program. He stated the Sheltering Arms Program would like to participate
in. Pearland and help the seniors of the community.
COUNCIL ACTIVITY REPORTS
Mayor Pro -Tem Viktorin reported he attended the City's Fourth of July Celebration and it
was wonderful. The turnout was great and everyone had a great time.
Councilmember Tetens passed.
Councilmember Owens reported he attended the City's Fourth of July Celebration and it
was really good. He attended a meeting in Austin, Texas regarding transportation and
funding issues in Texas.
Councilmember Marcott reported he attended the City's Fourth of July Celebration and
the Grand Opening of the Holiday Inn Express. He stated there are now three motels in
the City of Pearland that will serve well to the community. He also attended a meeting
today with the Pearland Recycling Center Committee.
Councilmember Cole passed.
CITY MANAGER'S REPORT
City Manager, Bill Eisen, reported there was a very large turnout for the City's Fourth of
July Celebration. He congratulates the Parks and Recreation Department for an
excellent job with the event. He stated the new Executive Director of Community
Services is Nick Finan. He is currently serving as the Planning Director for the City of
La Porte and has worked as the City Manager for the City's of La Marque and League
City. Mr. Eisen stated he will bring a lot to the City and looks forward to having him on
board in early August. He stated an offer has been made regarding the Parks and
Recreation Director position and that it has been tentatively accepted pending some
processes.
CITIZENS
Michael Klaus, 5016 Groveton, addressed Council and stated he has some comments
regarding the street improvements within Pearland. He referenced a document he
located on the internet from the Oregon Department of Transportation. He stated this
document could be used to help with the Main Street improvements for Pearland. He
commented on the PGL 52 program regarding the Clear Creek Project. His concerns
are that Pearland will have to pay additional funds for something already completed in
earlier studies.
Gilbert Freitag, 3602 Shadycrest, addressed Council and stated he does not like seeing
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City tax dollars wasted. He stated the lights and water on Pearland Parkway are on 24
hours a day, seven days a week. Mr. Freitag stated he has called the City regarding the
problem, and decided to come in and state his complaint. He spoke with Lynn Munford,
Public Affairs Liaison, and received a call back stating_ the City Engineer Doug
Kneupper will be working on the problem. He stated a month has now passed and the
lights are still on all the time; he would like- to see some. action taken regarding this
problem.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES:
1. Minutes of the June 21, 2004, Joint Public Hearing held at 6:30 p.m.
2. Minutes of the June 28, 2004, Regular Council Meeting held at 7:30 p -m.
B. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE
OF BELLAVITA AT GREEN TEE SECTION FOUR. Mr. Doug Kneupper, City
Engineer.
C. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE
LAWRENCE PLACE. Mr. Doug Kneupper, City Engineer.
D. CONSIDERATION AND POSSIBLE ACTION — EXCUSE ABSENCE OF
MAYOR TOM REID FROM THE REGULAR COUNCIL MEETINGS HELD ON
MAY 24, 2004 AND JUNE 28, 2004. City Council.
E. CONSIDERATION AND POSSIBLE ACTION — EXCUSE ABSENCE OF
COUNCILMEMBER RICHARD TETENS FROM THE REGULAR COUNCIL
MEETING HELD ON JUNE 28, 2004. City Council.
F. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING
OF ORDINANCE NO. 1172 — AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE
AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE AND A TWENTY -FOOT
(20') ACCESS EASEMENT FOR THE CONSTRUCTION OF DRAINAGE
IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN;
AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY
OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE
PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR
BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND
-- DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL
IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND
WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE.
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Mr. Darrin Coker, City Attorney.
G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-113
— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AWARDING A BID FOR THE PURCHASE OF AMMONIA AND
CHLORINE DISPENSING EQUIPMENT. Mr. Bill Eisen, City Manager.
Councilmember Tetens asked that Consent Agenda Item F be removed from the
Consent Agenda for further discussion.
Councilmember Tetens made the motion, seconded by Councilmember Cole, to
approve Consent Agenda Items A through G with the exception of item F, as presented
on the Consent Agenda.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
Councilmember Tetens asked that Consent Agenda Item, F be removed form the
Consent Agenda for further discussion.
F. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING
OF ORDINANCE NO. 1172 — AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE
AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE AND A TWENTY -FOOT
(20') ACCESS EASEMENT FOR THE CONSTRUCTION OF DRAINAGE
IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN;
AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY
OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE
PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR
BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND
DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL
IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND
WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
Councilmember Tetens made the motion, seconded by Councilmember Cole, to
approve Ordinance No. 1172 on its first and only reading.
Councilmember Tetens stated he did not understand the reasoning for the easement
and would like to discuss it.
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City Manager Bill Eisen stated the item does not only relate to the easement, but also a
17 -acre tract of land that will be used for storm water detention. This is something that
may need to be discussed in executive session.
Deputy City Attorney Nghiem Doan stated the -item tonight for discussion in executive
session would be consultation with the City Attorney regarding pending litigation. This
is not the subsection used when talking about proposed condemnation. This change
could not be made for tonight's meeting.
City Manager Bill Eisen stated Council could decide on the item as presented on the
agenda. Any expansion or purchasing of additional property in the area will need to be
discussed during another scheduled meeting.
Councilmember Owens asked for clarification regarding the current item.
City Manager Bill Eisen stated this would allow the ground issue procedures to begin.
Council will have the ability to discuss additional purchasing of land prior to the hearing.
A brief discussion ensued among Council and Staff regarding the current Ordinance.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
NEW BUSINESS
FIRST READING OF ORDINANCE NO. 509-725 — 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 2.00 ACRES, BEING OUT OF
LOTS 168 AND 169, ZYCHLINSKI SUBDIVISION, ABSTRACT 308, SECTION 27, H.T.
& B.R.R. COMPANY SURVEY, AS RECORDED IN VOLUME 29, PAGE 9, OF THE
DEED RECORDS OF BRAZORIA COUNTY, TEXAS (LOCATED AT 3418 WARREN
ROAD) (APPLICATION NO. 1176) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT
THE REQUEST OF DENNIS AND PHYLLIS OMO, 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. Ms. Lata Krishnarao, Planning Manager.
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Councilmember Owens made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 509-725 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 1176.
City Manager Bill Eisen stated the owner of the property would like to add an addition to
an existing family home.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-726 — 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 A 1.00 ACRE TRACT OF LAND
OUT OF LOT 21 OF THE ALLISON RICHEY GULF COAST HOME COMPANY
SUBDIVISION, A PART OF SUBURBAN GARDENS, SECTION 20, H.T. & B.R.R.
COMPANY SURVEY, ABSTRACT 506, BRAZORIA COUNTY, TEXAS, ACCORDING
TO THE PLAT THEREOF RECORDED IN VOLUME 2, PAGE 23 OF THE PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (LOCATED AT 2109 LINDA LANE)
(APPLICATION NO. 1177) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST
OF JESUS GUARDADO, 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. Ms. Lata Krishnarao, Planning Manager.
Councilmember Viktorin made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 509-726 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 1177.
City Manager Bill Eisen stated the applicant wants to build one single-family home on
the property. -
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
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Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 943-9 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE CITY'S
COMPREHENSIVE PLAN BY ADDING SECTION II, 2004 -COMPREHENSIVE PLAN
UPDATE AS A GUIDE FOR PRESERVING -A SENSE OF COMMUNITY,
ATTRACTIVENESS AND SAFETY IN PEARLAND; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN
EFFECTIVE DATE AND FOR CODIFICATION. Ms. Lata Krishnarao, Planning
Manager.
Councilmember Marcott made the motion,, seconded by Councilmember Tetens, to
approve Ordinance No. 943=9 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Ordinance No. 943-9.
City Manager Bill Eisen stated ,Council has attended some joint workshops with the
Planning & Zoning Commission regarding the current item. Public Hearings have also
been held for the item.
pook Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2004-111 — 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 S & B INFRASTRUCTURE FOR ENGINEERING SERVICES ASSOCIATED
WITH THE MAGNOLIA ROAD SEWER PROJECT. Mr. Bill Eisen, City Manager.
Councilmember Cole made the motion, seconded by Councilmember Marcott, to
approve Resolution No. R2004-111.
City Manager Bill Eisen stated this item is an amendment to the existing engineering
contract due to a change in scope of work.
Project Director Joe Wertz stated this took place during the contract for the John Lizer
section of the project, providing an opportunity for an additional look at the
Magnolia/Southfork Project. Survey information showed that land has been acquired on
the north side of Magnolia. Discussion regarding Magnolia took place and due to the
current acquired land, a significant price decrease in construction costs will take place.
Mr. Wertz asked Council to formalize the opportunity to work with S & B Infrastructure to
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redesign and provide engineering services for the Magnolia Road Sewer Project.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2004-112 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE BUILD -OUT OF THE FIRE
MARSHAL, EMS AND EOC FACILITIES. Mr. Bill Eisen, City Manager.
Councilmember Tetens made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2004-112.
City Manager Bill Eisen stated this relates to some modifications to an existing City
building located behind the EMS.building. Funding was included during the last budget
process for stairway and sleeping quarter improvements. During discussion regarding
improvements for the EMS building, the department realized it does not currently have
an adequate emergency operation center to effectively operate in emergency
circumstances. The building behind the existing EMS building could be used for the
emergency operation center. Modifications then could be made to the downstairs of the
EMS building for sleeping quarters instead of spending a lot of money on upstairs
modifications. He asked Council to authorize the original budget amount to be
supplemented with funds from the general fund in order to make the improvements.
Councilmember Owens asked if this would be out of the contingency funds.
City Manager Bill Eisen stated the amount would be taken out of the contingency funds.
Councilmember Owens asked for the current balance of the contingency funds.
City Manager Bill Eisen stated at the beginning of the year the contingency funds
originally started with $240,000. Some funds have been utilized from the contingency
funds. This project would allot for approximately $200,000. This would most likely be
the last large transaction from contingency funds.
Councilmember Viktorin asked if some of the contingency funds were intended for
drainage in the Old Townsite.
City Manager Bill Eisen stated he does not recall any specific obligation regarding the
expenditures coming from the contingency funds for the Old Townsite. However, there
is a $200,000 miscellaneous fund for drainage set aside in the budget for the current
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year. The intent of this amount was for the use in the area of Pine Hollow. If funds are
left over, this could be used for the Old Townsite.
Voting "Aye" Councilmembers Cole, Marcott Viktorin, Owens, and Tetens.
Voting "No" None
Motion Passed 5 to 0
COUNCIL ACTION — RESOLUTION NO. R2004-114 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT PRICE BID
FOR SEWER REHABILITATION AND MAINTENANCE. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Viktorin, to
approve Resolution No. R2004-114.
City Manager Bill Eisen stated this is for a construction project for certain modifications
to the City's sewer system. The scope of the work would detail investigation work to
identify areas were problems currently exist and later making the improvements. The
estimated cost is $469,000.
.-- Councilmember Marcott asked if this was to prevent infiltration.
City Manager Bill Eisen stated this is to prevent and address infiltration.
Councilmember Marcott asked for the amount already spent on these improvements
over the years.
Deputy City Manger Alan Mueller stated it has been approximately an eight to ten year
program.
Public Works Superintendent Jerry Burns stated approximately $250,000 - $500,000
has been spent a year. He gave a brief explanation of the areas that will be improved.
A brief discussion ensued among Council and Staff regarding the current improvements
due to the previous work.
Public Works Superintendent Jerry Burns stated a lot of work has been completed and
a few areas within Pearland need improvements.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
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COUNCIL ACTION — RESOLUTION NO. R2004-116 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO MAKE APPLICATION FOR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS ASSOCIATED -WITH THE CITY'S 2004
PUBLIC FACILITIES APPLICATION. Mr. Bill -Eisen, City Manager.
Councilmember Viktorin made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2004-116.
City Manager Bill Eisen stated through the Community Development Block Grant Funds
Pearland has been able to receive $200,000 for projects within the City. He stated due
to the specifications regarding the use of the funds, it has been difficult finding the
proper infrastructure. It is proposed that the use of the allocation go towards expansion
of the existing Senior Citizen's Facility in Pearland.
Councilmember Marcott stated this is an important part of the City Program at the
Melvin Knapp Building. He stated the City worked with the County Commissioner and
they now have a bus for the seniors of Pearland.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 8:24 p.m.
to discuss the following:
NEW BUSINESS (CONTINUED):
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY —
REGARDING LITIGATION — CITY FACILITIES. Mr. Darrin Coker, City
Attorney.
2. SECTION 551.074 — PERSONNEL MATTERS: REGARDING A
VACANCY ON THE PLANNING AND ZONING COMMISSION.
City Council.
NEW BUSINESS (CONTINUED):
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Council returned from Executive Session at 9:03 p.m.
COUNCIL ACTION — REGARDING LITIGATION — CITY FACILITIES.
Mr. Darrin Coker, City Attorney.
Councilmember Cole made the motion, seconded by Councilmember Tetens, to
authorize the City Attorney to enter into a settlement agreement as discussed in
executive session.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 5 to 0
COUNCIL ACTION — REGARDING A VACANCY ON THE PLANNING AND ZONING
COMMISSION. City Council.
No Council action taken.
ADJOURNMENT
Meeting was adjourned at 9:04 p.m.
Minutes approved as submitted and/or corrected this the 26th day July ,
A.D., 2004. 17
Tom Reid
Mayor
ATTEST:
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