2008-09-29 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, SEPTEMBER 29, 2008, AT 6:00 P.M., IN
THE TEMPORARY MUNICIPAL COURT ROOM LOCATED AT THE CITY OF
PEARLAND COMMUNITY CENTER, 3523 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 6:25 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Helen Beckman
Councilmember
Woody Owens
Councilmember
Steve Saboe
Councilmember
Kevin Cole
City Manager
Bill Eisen
Deputy City Attorney
Nghiem Doan
City Secretary
Young Lorfing
Absent: Councilmember Felicia Kyle.
Others in attendance: Nick Finan Assistant City Manager; Mike Hodge Assistant City
Manager; Claire Bogard Finance Director; Fred Welch Executive Director of Economic
Development Corporation.
NEW BUSINESS
COUNCIL ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1362 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS
EXTENDING TRAFFIC RULES AND REGULATIONS TO CERTAIN PRIVATE ROADS
OWNED AND MAINTAINED BY THE CABOT COVE COMMUNITY ASSOCIATION
AND CONTAINED WITHIN THE CABOT COVE SUBDIVISION; PROVIDING FOR
ENFORCEMENT; PROVIDING FOR PENALTIES AND FINES; PROVIDING FOR
ADMINISTRATION; PROVIDING FOR CONFLICTS WITH OTHER LAWS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mr. Darrin Coker, City
Attorney.
COUNCIL ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1363 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS
REGULATING THE MANNER OF TRAVEL FOR FUNERAL PROCESSIONS
PROVIDING FOR A PENALTY; PROVIDING FOR CODIFICATION; AND DECLARING
AN EMERGENCY. Mr. Darrin Coker, City Attorney.
COUNCIL ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1359 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE
SIMPLE TITLE AN EASEMENT FOR THE CONSTRUCTION OF ROAD, WATER,
SEWER AND 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
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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.
COUNCIL ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1360 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE
SIMPLE TITLE AN EASEMENT FOR THE CONSTRUCTION OF ROAD, WATER,
SEWER AND 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. Darrin Coker, City Attorney.
COUNCIL ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1361 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE
SIMPLE TITLE AN EASEMENT FOR THE CONSTRUCTION OF ROAD, WATER,
SEWER AND 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 Cole made the motion, seconded by Councilmember Beckman , to
approve Ordinance No. 1362 on its first and only reading, approve Ordinance No. 1363
on its first and only reading, approve Ordinance No. 1359 on its first and only reading,
approve Ordinance No. 1360 on its first and only reading, and approve Ordinance No.
1361 on its first and only reading.
Mayor Pro -Tem Beckman asked if the City has considered regulating the Funeral
Ordinance to where the cars were staged not to follow one right after the other.
Deputy City Attorney Nghiem Doan stated there is not currently such a regulation. The
Ordinances Staff reviewed to model the City's Ordinance and that type of regulation
could be viewed as violating the rights of people in the procession.
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City Manager Bill Eisen stated this has been a difficult issue for a long time and the City
has been trying to find a solution that would not interfere with when a family could hold a
funeral for a loved one. It is his opinion that this solution is the best one that would not
hinder the families.
Councilmember Cole stated he drove in the area and there were at least four funeral
processions and the officers would not break the procession and release any traffic. He
understands the respect for the funeral processions but there has to be some type of
relief for the local traffic.
Deputy City Attorney Nghiem Doan stated this Ordinance will have a positive effect on
the situation and the booking companies that run the funeral processions have been
notified of the requirements.
Voting "Aye" Councilmember Owens, Saboe, Beckman, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Kyle absent.
ADJOURNMENT
Meeting was adjourned at 6:35 p.m.
Minutes approved as submitted and/or corrected this the 27th day of October, A.D.,
2008.
Tom Reid
Mayor
ATTEST:
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