2004-07-26 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON JULY 26, 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
Tom Reid
Mayor Pro -Tem
Charles Viktorin
Councilmember
Woody Owens
Councilmember
Larry Marcott
Councilmember
Kevin Cole
City Manager
Bill Eisen
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Absent: Councilmember Richard Tetens.
Others in attendance: Deputy City Manager Alan Mueller, Executive Director of
Economic Development Corporation Fred Welch; City Engineer Doug Kneupper; Public
Liaison Lynn Munford; Director of Human Resources Mary Hickling; Public Works Jerry
Burns; EMS Director Jeff Sundseth; Project Director Joe Wertz; Assistant Police Chief
Johnny Spires; Planning Manager of Community Development Lata Krishnarao; and
Planner 1 Theresa Grahmann.
The invocation was given by Councilmember Charles Viktorin and the Pledge of
Allegiance was led by Andy Cruz of Boy Scout Troop #460.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported on July 14 he attended the Chamber Before Work Breakfast, a
Pearland Arts League Board of Directors Meeting, and an Adult Reading Center Board
of Directors Meeting; July 15 he attended a meeting with a DH Homes Developer, a
Salute to Industry Committee Meeting, and a Gulf Coast Water Authority Board of
Directors Meeting; July 16 he attended a meeting with Community Hospital Developers
and a meeting with Robbie Gill of the YMCA regarding the Skate Park Project; July 19
he attended an Agenda Meeting and a Council Open House and Workshop; July 20 he
attended a HGAC Board of Directors Meeting and a Council Workshop; July 21 he
attended a Chamber Monthly Luncheon, a meeting with Dr. Staples with the University
of Houston Clearlake, and a meeting with Bellavita Homeowners' Association; July 22
he attended a City Entrance Monument Committee Meeting, a Coldwell Banker Open
House, and Ribbon Cutting Ceremonies for Doc. on Wheels, Scarpino Pizza, and
Justice of the Peace; July 23 he attended a Transportation Policy Council Board of
Directors Meeting; July 26 he attended an Industry of the Year Committee Meeting, an
interview with Channel 11 on Shadow Creek Ranch, and a PEDC Monthly Board of
Directors Meeting.
Page 1 of 10 — 7/26/2004
Mayor Reid presented a proclamation to Assistant Police Chief Johnny Spires and
Crime Prevention Officer Jon Matherne for Crime Prevention Programs, proclaiming
August 3, 2004, as "National Night Out."
Crime Prevention Officer Jon Matherne of the Pearland Police Department stated
"National Night Out" is a very important event. It always takes place the first Tuesday in
August. This event starts at 7:00 p.m. and helps neighbors get to know neighbors.
Assistant Police Chief Johnny Spires gave his thanks to Crime Prevention Officer Jon
Matherne for organizing this event for the past five years. He stated a lot of information
is put together for the event, and the Police Department tries to send an Officer to each
party held within the communities of Pearland giving statistical information regarding
crime prevention.
Crime Prevention Officer John Matherne gave some brief information on how
communities could participate in the "National Night Out."
Mayor Reid gave some brief comments regarding "National Night Out" and stated this
event gives neighbors the opportunity to meet one another and help each other with
neighborhood watches.
COUNCIL ACTIVITY REPORTS
Mayor Pro -Tem Viktorin passed.
Councilmember Tetens absent.
Councilmember Owens passed.
Councilmember Marcott reported he attended the Brazoria County Cities Association
Meeting on July 21, 2004.
Councilmember Cole passed.
CITY MANAGER'S REPORT
City Manager Bill Eisen reported that two Staff personnel will start on Monday after
Council's approval. Rhonda Cyrus will be the new Parks and Recreation Director. She
has served as the Parks and Recreation Director for the past 16 years with League City.
Nick Finan will be the new Executive Director of Community Services. He has
approximately 27 years of experience.
Page 2 of 10 — 7/26/2004
CITIZENS
Michael Klaus, 5016 Groveton, addressed Council and stated he has comments
regarding the Clear Creek Project. He stated the Corps has identified the principal area
along the watershed is along Mary's Creek. He is concerned the study did not include
Lidar as part of discovering elevation information. He stated the Corps project is
reimbursable. The City has an opportunity to receive reimbursement for part of the
work conducted for this project. Mr. Klaus further stated he has some concerns
regarding the information provided for the project.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES:
1. Minutes of the June 21, 2004, Special Council Meeting held at 7:00 p.m.
2. Minutes of the July 12, 2004, Regular Council Meeting held at 7:30 p.m.
B . CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
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.
C . CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
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,
Page 3 of 10 — 7/26/2004
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.
D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
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 11, 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. Ms. Lata Krishnarao, Planning Manager.
E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION R2004-122 —
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING AND ACCEPTING THE CITY'S PARTICIPATION IN
THE TEXAS 2004 CITIZEN CORPS PROGRAM. Mr. Bill Eisen, City Manager.
F. CONSIDERATION AND POSSIBLE ACTION — RATIFICATION OF THE CITY
MANAGER'S APPOINTMENT OF NICK FINAN TO SERVE AS EXECUTIVE
DIRECTOR OF COMMUNITY SERVICES AND RHONDA CYRUS TO SERVE
AS THE PARKS AND RECREATION DIRECTOR. Mr. Bill Eisen, City Manager.
G. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF
ORDINANCE NO 718-1 — AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, AMENDING SECTION 3 OF ORDINANCE NO.
718, ALLOWING REIMBURSEMENT OF COLLECTION COSTS ASSOCIATED
WITH THE HOTEL OCCUPANCY TAX IN ACCORDANCE WITH CHAPTER 351
OF THE TAX CODE, AS AMENDED; PROVIDING PENALTIES FOR VIOLA-
TIONS; HAVING A REPEALER CLAUSE, A SAVINGS CLAUSE AND A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND AN
EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION R2004-118 —
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER
INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY DRAINAGE
Page 4 of 10 — 7/26/2004
DISTRICT NO. 4 FOR REPLACEMENT OF THE LONGWOOD BRIDGE.
Mr. Bill Eisen, City Manager.
I. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION R2004-121 —
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
SUPPORTING SEAWATER DESALINATION PLANT IN FREEPORT.
Mr. Bill Eisen, City Manager.
Mayor Reid asked that Consent Agenda Item G be removed from the Consent Agenda
for further discussion.
Councilmember Marcott asked that Consent Agenda Item H be removed from the
Consent Agenda for further discussion.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Viktorin, to
approve Consent Agenda Items A through I, with the exception of items G and H, as
presented on the Consent Agenda.
Voting "Aye" Councilmembers Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
MATTERS REMOVED FROM CONSENT AGENDA
Mayor Reid asked that Consent Agenda Item G be removed form the Consent Agenda
for further discussion.
G. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF
ORDINANCE NO 718-1 — AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, AMENDING SECTION 3 OF ORDINANCE NO.
718, ALLOWING REIMBURSEMENT OF COLLECTION COSTS ASSOCIATED
WITH THE HOTEL OCCUPANCY TAX IN ACCORDANCE WITH CHAPTER 351
OF THE TAX CODE, AS AMENDED; PROVIDING PENALTIES FOR VIOLA-
TIONS; HAVING A REPEALER CLAUSE, A SAVINGS CLAUSE AND A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND AN
EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
Councilmember Owens made the motion, seconded by Councilmember Viktorin, to
approve Ordinance No. 718-1 on its first reading.
Page 5 of 10 — 7/26/2004
Councilmember Cole stated he is concerned about this item. He stated to his
knowledge no other retail staff has the luxury of retaining part of the sales tax for
collection purposes.
City Attorney Darrin Coker stated the City currently takes 100% of the sales tax.
City Manager Bill Eisen gave comments regarding the State retaining a small
percentage in the past for part of collection costs. He stated this issue came about as a
result of an inquiry from the local Motels.
Councilmember Marcott asked for clarification regarding the amount of tax currently
collected by the City.
City Manager Bill Eisen stated the third hotel in the City just opened, and it is hard to
give a full report. However, the other two hotels have generated roughly $70,000 per
year. Mr. Eisen stated it is a possibility to generate approximately $200,000 per year
with the third hotel. One percent of the amount requested by the hotels is roughly
$2000 per year. He stated this would provide the hotels with the ability to be
compensated for tax collection.
Voting "Aye" None.
Voting "No" Councilmembers Cole, Marcott, Viktorin, and Owens.
Motion Failed 4 to 0, with Councilmember Tetens absent.
Councilmember Marcott asked that Consent Agenda Item H be removed form the
Consent Agenda for further discussion.
H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION R2004-118 —
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER
INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY DRAINAGE
DISTRICT NO. 4 FOR REPLACEMENT OF THE LONGWOOD BRIDGE.
Mr. Bill Eisen, City Manager.
Councilmember Owen made the motion, seconded by Councilmember Cole, to approve
Resolution No. R2004-118.
City Manager Bill Eisen stated this is an agreement very similar to an agreement the
City had recently entered into with Brazoria Drainage District No. 4. This is a joint effort
in order to complete the replacement of a bridge in the City. One similar project was the
entrance bridge for Independence Park. This agreement relates to the replacement of a
bridge on Longwood Drive. The bridge is currently wooden; the replacement would
have larger box culverts with the same carrying capacity as the old bridge.
Page 6 of 10 — 7/26/2004
Councilmember Marcott asked for clarification regarding the volume of flow based on
the open ditch and restrictions on the culverts.
City Engineer Doug Kneupper gave comments regarding the widening and channeling
in reference to the box culverts.
Councilmember Marcott stated he has concerns regarding the elevation and possible
back-up of Mary's Creek.
Public Works Director Jerry Burns stated the biggest problem with the bridge is the
traffic. Widening will help with this problem. He stated another problem are the
pipelines located on both sides of the bridge.
A brief discussion ensued among Council and Staff regarding the problem areas of the
bridge.
Councilmember Owens asked if,pedestrians will have a section to walk on the bridge.
Public Works Director Jerry Burns stated there is not enough room to add a section for
pedestrians.
Councilmember Owens asked if the signs for the bridge will reflect new load limits.
Public Works Director Jerry Burns stated the City has to go through a process with the
Texas Department of Transportation before the signs can be changed.
Voting "Aye" Councilmembers Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
NEW BUSINESS
COUNCIL ACTION — RESOLUTION NO. R2004-120 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE YOST ROAD PROJECT.
Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Marcott, to
approve Resolution No. R2004-120.
City Manager Bill Eisen stated this is one of the projects included in the Bond Election
Program of 2001. The low bidder was the KCC Group in the amount of $3.8 million.
Page 7 of 10 — 7/26/2004
A brief discussion ensued among Council and Staff regarding the stopping point of
halfway between Sleepy Hollow and the bridge, until the bridge is completed. The time
frame is twelve months for the portion of the project constructed by the City. The
portion constructed by Harris County will be a little longer than the timeframe for the
City.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION — RESOLUTION NO. R2004-119 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK
AUTHORIZATION #1 SUPPLEMENT #14 FOR CONTRACT MANAGEMENT
SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND
PROGRAM (YOST ROAD PROJECT). Mr. Bill Eisen, City Manager.
Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Viktorin, to
approve Resolution No. R2004-119
City Manager Bill Eisen stated this item also relates to the Yost Road Construction
Project and will provide for construction management. Turner, Collie and Braden is the
proposed firm for the project. The cost for the services is $106,299.
Councilmember Cole asked for clarification regarding the cost for the services.
City Manager Bill Eisen stated the cost of services for this project is higher than a
previous project due to the size of the project. The Cullen project was smaller; this
project is a bit more complicated. The area is heavily populated and the job is more
complex.
Voting "Aye" Councilmembers Owens, Viktorin, Marcott, and Cole
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
SECOND AND FINAL 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; AND PROVIDING FOR AN
EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
Page 8 of 10 — 7/26/2004
Councilmember Cole made the motion, seconded by Councilmember Viktorin, to
approve Ordinance No. 1147 on its second and final reading.
City Manager Bill Eisen stated Items Three and Four are related. Item Three is
administering disannexation of property on the west side of the City near SH 288. Item
Four is the consent for Municipal Utility District No. 6 to annex the property. He stated
there are some issues in regards to the release of the property. Some of the concerns
reference the developer's guidelines for the property. Mr. Eisen stated the City Attorney
has worked with the developer and others in order to work out some of the issues.
City Attorney Darrin Coker stated there was a delay to allow for time to work on the
development issues. He stated the main concern was if the property was disannexed
previously, then a gap would have allowed for development under the County guidelines
versus City guidelines. Another concern was ensuring the Municipal Utility District was
going to proceed with annexation of the property. Mr. Coker stated he wanted to
eliminate any concerns stated by Council. He had the developer agree to deed
restrictions, which they would be subject to once annexed into the Municipal Utility
District. These are the Silverlake commercial guidelines and sign regulations. He
stated a workshop was conducted regarding the sign regulations of the city and how
they would apply to the property. The conflict regarding the sign regulations detailed
height regulations. Mr. Coker stated the developer did not want to be subject to the
regulation regarding the forty -feet height requirement. The developer agreed to be
subject to the City's sign height regulations through deed restrictions. However, if in the
future any changes take place within the City's Sign Ordinance regarding taller signs,
the developer wants the option to change the height of the sign. Mr. Coker .stated the
deed restrictions have been recorded and are currently in place.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION — RESOLUTION R2004-115 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION
BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 OF
APPROXIMATELY 26.609 ACRES OF LAND. Mr. Darrin Coker, City Attorney.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Viktorin, to
approve Resolution No. R2004-115.
City Manager Bill Eisen stated this item is regarding the previously discussed property.
This would approve the annexation of the property into Municipal Utility District No. 6.
Page 9 of 10 — 7/26/2004
Voting "Aye" Councilmembers Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 8:50 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.072 — REAL PROPERTY: DISCUSSION REGARDING
THE SALE, PURCHASE, LEASE, OR EXCHANGE OF REAL
PROPERTY. Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 9:30 p.m.
COUNCIL ACTION — REGARDING THE SALE, PURCHASE, LEASE, OR EXCHANGE
OF REAL PROPERTY. Mr. Darrin Coker, City Attorney.
No Council action taken.
ADJOURNMENT
Meeting was adjourned at 9:31 p.m.
Minutes approved as submitted and/or corrected this the 91h day of August ,
A.D., 2004.
1 Li-vo,
Tom Reid
Mayor
ATTEST:
Page 10 of 10 — 7/26/2004