1999-06-14 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON JUNE 14, 1999, 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
City Attorney
City Secretary
Tom Reid
William Berger
Helen Beckman
Richard Tetens
Larry Wilkins
Klaus Seeger
Glen Erwin
Darrin Coker
Young Lorfing
Others in attendance: Sr. Project Manager Alan Mueller; Police Chief J.C. Doyle; City
Engineer John Hargrove; Grants Director Janet Berry; Planning and Development Director
Dennis Smith; Director of Finance David Castillo; Parks and Recreation Director Ed Hersh;
Emergency Management Coordinator David Smith; Project Manager Michael Ross; Utility
Accounts Supervisor Missy Miller.
INVOCATION AND PLEDGE OF ALLEGIANCE:
The invocation was given by Emergency Management Coordinator, David Smith, and the
Pledge of Allegiance was led by Mayor Pro -Tem Berger.
APPROVAL OF MINUTES:
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
approve the minutes of the May 10, 1999, Regular Council Meeting held at 7:00 p.m., the
minutes of the May 10, 1999, Regular Council Meeting held at 7:30 p.m.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
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MAYOR'S ACTIVITY REPORT:
In observance of Flag Day, Mayor Reid read the following: "Happy Birthday" to Old Glory.
Old Glory is 222 years old today, which is Flag Day. On June 14, 1777, John Adams
introduced before the Continental Congress a resolution "That the Flag of the thirteen
United States be thirteen stripes, alternate red and white, that the union be thirteen stars,
white in a blue field, representing a new constellation." Years later, when Vermont and
Kentucky joined the union, Congress added two more stripes and two more stars. But as
the country grew, it became obvious that the flag would soon have too many stripes. So
in 1818 Congress decided that it would have 13 stripes to represent the original 13 states
and one star for each of the then -20 states and each future state. The and most
recent star were added for Hawaii in 1960. June 14 was officially declared flag Day by
presidential proclamation in 1916.
Keep Pearland Beautiful Executive Director, Delores Fenwick, reported that Assistant Fire
Marshal, Bob Bratz, who also serves as the Solid Waste Enforcement Officer, is the winner
of the first place award in the "Ed Davis Litter Law Enforcement Competition," as part of
the Keep Texas Beautiful annual awards. He will receive the first place award along with
a $500 check for his program at the Keep Texas Beautiful Convention, at the "Welcome
to Austin" reception, on June 30, 1999. Mrs. Fenwick further reported that Keep Pearland
Beautiful received the "Sustained Excellence Award" for the sixth year in a row, and came
in second place for the "Governor's Award," and also won first place for two of the school
programs.
COUNCIL ACTIVITY REPORTS:
Councilmember Beckman reported that Pearland is hosting the Brazoria County Cities
Association monthly meeting, on Wednesday, June 16, 1999. It will be held at Silverlake,
and the program will be on the Shadow Creek Ranch project. Councilmember Beckman
invited all "Pearlanders" to attend and participate with them.
Councilmember Wilkins reported that he attended St. Helen's Catholic Church Bazaar over
the weekend. They had a large turn out, and it was a success.
CITY MANAGER'S REPORT:
City Manager, Glen Erwin, stated that he did not have anything to report at this time.
CITIZENS: None.
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DOCKETED PUBLIC HEARINGS: None.
CONSENT AGENDA: None.
NEW BUSINESS:
COUNCIL ACTION - RESOLUTION NO. R99-49 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE RESOLUTION OF
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 3 AUTHORIZING THE
ISSUANCE OF $1,770,000 WATERWORKS AND SEWER SYSTEM COMBINATION
UNLIMITED TAX AND REVENUE BONDS, SERIES 1999.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R99-49.
City Manager, Glen Erwin, stated that this is something that the City normally does when
a utility district wants to issue bonds.
City Attorney, Darrin Coker, reiterated that this is a procedure that must be followed. The
MUD applies to the City for permission to issue the debt, and then the City authorizes the
issuance of the debt.
City Manager, Glen Erwin, stated that this has a fairly even debt payment, and nothing
is loaded at the back end.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R99-45 - 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 ALVIN
INDEPENDENT SCHOOL DISTRICT ("AISD") TO OUTLINE THE OBLIGATIONS OFAISD
AND THE CITY AS PARTICIPANTS IN REINVESTMENT ZONE #2.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Berger, to
approve Resolution No. R99-45.
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05
5
Senior Project Manager, Alan Mueller, gave a general overview, and addressed the
concepts of the interlocal agreement with Alvin Independent School District.
Councilmember Wilkins asked if Alvin withdraws from the project, what role does the City
have?
Senior Project Manager, Alan Mueller, stated that since the final project plan is still being
put together, it hard to use "real world" examples. He stated that in the plan last year, the
financial projections does not include A.I.S.D.'s participation, and the plan works. .If
A.I.S.D. participates, they will contribute that much more revenue to the project, which
means that nWw than Issuing debt at some point in the future, If enough money is
collected, the improvements could be paid with cash on hand, or at the end of the life,
there could be enough cash collected that all outstanding debt could be paid at that time,
and shorten the Iffe of the zone.
Councilmember Berger stated that if under this plan A.I.S.D. wanted reimbursement, they
could only get reimbursed from the funds that they had put into the zone, not any of the
City of Peadand's funds.
Senior Project Manager, Alan Mueller, explained how A.I.S.D.'s funds will be restricted
for a one-year period of time. A.I.S.D.'s ability to recover money that they may have
suffered as a financial loss, then is restricted to the amount of money in the suspense
account. After the year rolls over if they decide they are going to stay in the zone, then
that money is released to the general TIRZ fund. This cycle is repeated every year.
Councilmember Seeger stated that he has concerns regarding schools, and only A.I.S.D.
has control over the schools.
Senior Project Manager, Alan Mueller, stated that A.I.S.D. made it clear from the
beginning that they would be in control of the schools. Mr. Mueller stated that from the
City's prospective, when we started looking at the project, the City assumed that actual
TIRZ money would pay for the schools, and if that is the case, A.I.S.D. would benefit
financially from the State funding formula. Mr. Mueller further stated that A.I.S.D. has
made it clear, that they could not commit to one specific part of their big school district,
and where they will be building schools in years one, three, five, and seven, when they
have the need for schools in other parts of their district.
This agreement does allow for a developer to pre -fund schools under a financing plan
that is acceptable to A.I.S.D. Mr. Mueller further stated that this is a key issue, in terms
of the construction for schools and houses, and it is obvious that houses sell better when
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136
schools are there. He also stated that from A.I.S.D.'s perspective, it hard to justify to their
taxpayers that they ought to be building schools before houses are built.
Councilmember Berger asked if anyone has quantified what the benefits would be for
A.I.S.D. through the "Robinhood Plan?"
Senior Project Manager, Alan Mueller, stated that he does not know if it has been
considered.
Mayor Reid stated that in a final analysis, Shadow Creek Ranch is in their school district,
and they have an obligation to provide schools and facilities for the students in their
district. He said that he realizes that the first school is the issue, and they need an
opportunity to get out of the agreement if the Legislatures do something that could hurt
the school district's funding.
Senior Project Manager, Alan Mueller, said that there is a sizeable amount of children
that already live the Manvel area, and they will be needing to build a school in the area
before long anyway.
Councilmember Seeger said that he would like to see a commitment for a school and he
is not seeing it.
After the discussion Mayor Reid called for the vote.
Voting "Aye" Councilmembers Wilkins, Berger, Tetens, and Beckman.
Voting "No" Councilmember Seeger.
Motion Passed 4 to 1.
COUNCIL ACTION - RESOLUTION NO. R99-46 - 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
DRAINAGE DISTRICT NO.4 ("BDD4") TO OUTLINE THE OBLIGATIONS OF BDD4 AND
THE CITY AS PARTICIPANTS IN REINVESTMENT ZONE #2.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R99-46.
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137
Councilmember Wilkins restated his previous position on the project. He said that the
overall the project seems to be a low risk to the City. He further stated that if Brazoria
County alters their participation, he will be forced as a Councilmember to review his
position. He said that their participation at the agreed levels that they have discussed in
the past is important, and his final decision will weigh heavily on their participation.
Senior Project Manager, Alan Mueller, stated that this agreement is similar, but much
more simple. There were changes in the agreement language because of some
ambiguities in the earlier version. The language has changed, but not the concept, it is
the sante.
cuncilrrlpnrtbr Better stated that these agreements are important, however; the project
plsan, and #tom ftnanc a plan wilt follow. The last portion of the project will be the
development agreement, therefore, at anytime the project can end, or continue on, and
this action is just a small part of it.
City Attorney, Darrin Coker, stated that if there is not a development agreement in
place, then the interlocal is null and void, and the City is not obligated to anything.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 908 -AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, ADOPTING A MASTER DRAINAGE PLAN FOR
TAX INCREMENT REINVESTMENT ZONE NO. 2 ("7IRZ"#2); HAVING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE.
Councilmember Wilkins made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 908 on its first reading.
Senior Project Manager, Alan Mueller, stated that the Brazoria County District's
Agreement stipulates that the City and the District mutually approve a master drainage
plan. Mr. Mueller further reported that the County and City Engineers have been
reviewing the Master Plan for TIRZ No. 2.
City Engineer, John Hargrove, gave a brief overview of the Master Drainage Plan for
TIRZ No. 2, and recommended that the City adopt the plan.
Page 6 of 20 - 6/14/1999
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Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0
COUNCIL ACTION - RESOLUTION NO. R99-43 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, RECOGNIZING THE IMPORTANCE
OF THE GENERAL REEVALUATION REPORT OF CLEAR CREEK AND DECLARING
THE CITY'S INTENT TO PARTICIPATE AS AN ACTIVE COST-SHARING PROJECT
SPONSOR FOR THE STUDY.
Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to
approve Resolution No. R99-43.
Emergency Management Coordinator, David Smith, stated that the Brazoria County
Commissioners Court and Brazoria Drainage District No. 4 have signed on with the
General Reevaluation Report, and with this resolution the City will be showing their
participation. Mr. Smith said that this process started in 1954, was revised again in 1986,
and we are still working on it in 1999.
Councilmember Berger stated that if all of the sponsors participate with the cost, the study
will go faster, and that amount will be about 5 percent, of the cost of the study.
Emergency Management Coordinator, David Smith, stated that the best information that
they have now is that the reevaluation report will cost about $600,000. The Brazoria
County share which is from the Galveston County line to Ft. Bend County line should be
about $30,000. Mr. Smith stated that he still recommends that once this project gets
started, a delegate of elected officials should go to Washington, D.C., to discuss this
project with the apporiate officials.
City Attorney, Darrin Coker, stated that this is a resolution of intent, and it does not
obligate the City to expend any funds at this time.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
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COUNCIL ACTION - RESOLUTION NO. R99-47 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
TO ENTER INTO A DEVELOPMENT AGREEMENT WITH SOWELL PROPERTY
PARTNERS-PEARLAND, L.P., FOR OVERSIZE CONSTRUCTION OF A WATER MAIN
TO SERVE THE PROPOSED CLEAR CREEK PARK SUBDIVISION IN THE VICINITY OF
PEARLAND PARKWAY AT CLEAR CREEK.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R99.47.
SQr Pno i
Manager, Alan Mueller, nag gave a bl'ef overview of the overaiz.eernent
t propoW subdivision. He stated that the basic 'intent of the afire int is the
extension of a 16" waterline. Currently ft waterline now terminates where therpq"mer t
stops on Pearland Parkway. This action will allow for an extension of a 16" waterline from
that point, up Pearland Parkway, then adjacent to the new subdivision, and then someday
continue up Pearland Parkway. The basic requirement for the developer is for a 8"
waterline, therefore, the City is paying the difference. The estimated cost is $42,890. Mr.
Mueller also addressed other items in the agreement that are no -cost items, on page 3,
paragraph 9, the City has agreed that if the developer provides the City with the plans
and specifications the City will include some items in our bid package. Those items are
the sanitary sewer line which will connect to the existing sewer line on the west side, and
two paving tum -outs, basically the curb cuts where the streets are going in the
subdivision. These items will be bid as separate alternate items from the main contract
for Pearland Parkway. Before the City awards the contract the developer is obligated to
pay their share of the cost to the City. Item No. 10 is saying that we are going to
coordinate a median crossing in Pearland Parkway to line up with the main entrance of
the subdivision, and Item No. 11 is stating that the developer is required to pay the pro -
rata sewer line charge, based on the fact that the sewer line has already been built in an
oversize state, and that amount is $776.04. In closing Mr. Mueller stated that these are
the changes in this agreement over the standard agreement.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R99-48 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
TO ENTER INTOA DEVELOPMENT AGREEMENT WITH AMVEST CORPORATION FOR
Page 8 of 20 - 6/14/1999
OVERSIZE CONSTRUCTION OF A WATER MAIN:: TO SERVE THE SUNRISE LAKES
SUBDIVISION IN THE VICINITY OF COUNTY ROAD 666 AND FM 518.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R99-48.
Senior Project Manager, Alan Mueller, stated that Sunrise Lakes Subdivision is directly
across FM 518 on the north side, and this is a similar type agreement. We are proposing
that the City pay for the over sizing of the off-site sewer force main from the subdivision,
then eastward back to CR 89, where the current line terminates. In this subdivision the
City is proposing that the developer over size specific water and sewer lines, and by
doing this, Somersetshire can be tied in, and it will also allow for line capacity for other
projects.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 905 -AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF
e--- CONCRETE PAVING INTO THE NORTH 14''1" OF THE CITY'S 20' SANITARY SEWER
EASEMENT LOCATED AT THE INTERSECTION OF PINE HOLLOW DRIVE AND FM
518, IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to
approve Ordinance No. 905 on its first reading.
City Attorney, Darrin Coker, stated that this is a standard encroachment ordinance. This
action is for Spartan Insurance. At this time they are sure if they will be extending the
concrete pavement to the area of encroachment. Spartan is currently reviewing their
plans at this time, and may reconfigure their parking lot.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
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COUNCIL ACTION - RESOLUTION NO. R99-50 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING THE CITY'S
PARTICIPATION IN THE REGIONAL WATER FACILITY PLANNING STUDY AND
AUTHORIZING THE EXPENDITURE OF $7,555.00 TOWARDS THE CITY'S
PARTICIPATION COST.
Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Berger, to
approve Resolution No. R99-50.
P , .1 , Michael Ross, gave a brief overview of the regional water fa Ift, r
P. , scopeof service, and also 'a0dr'essw`the cast the study will be:*"Vie
eight ciii rficipating. Mr. Rossstated that the City of Pearland's;portion is $7,555, and
is`besed ori the population.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-C - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 22, SIGNS, OF
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE
CITY OF PEARLAND CODE OF ORDINANCES, (ORDINANCE NO. 509), AS IT MAY
HAVE BEEN, FROM TIME TO TIME, AMENDED, BY RENUMBERING SECTION 22.18,
APPLICATION TO EXTRATERRITORIAL JURISDICTION (ETJ) TO SECTION 22.19, AND
ADDING A NEW SECTION 22.18 TO BE ENTITLED USE OF BANNERS, TO REGULATE
THE USE OF BANNERS IN THE CITY AND ACHIEVE A PROPER BALANCE BETWEEN
AESTHETIC CONSIDERATIONS AND THE NEED OF BUSINESSES FOR ADVERTISE-
MENT; AND PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR
CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
No Council action taken, this item was passed to a future agenda.
FIRSTAND ONLY READING OF ORDINANCE NO. 906 -AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING PUBLIC
CONVENIENCE AND NECESSITY FOR CONSTRUCTION OF A TRAFFIC SIGNAL AND
RELATED APPURTENANCES ASSOCIATED WITH THE McHARD ROAD OVERPASS;
Page 10 of 20 - 6/14/1999
AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY
OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE
EASEMENTS ON PROPERTY LOCATED WITHIN THE CITY, BY DONATION,
PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN;
DECLARING AN EMERGENCY, BECAUSE CONSTRUCTION OF A TRAFFIC SIGNAL
FOR THE McHARD ROAD OVERPASS BEARS DIRECTLY UPON THE HEALTH,
SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE.
Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to
approve Ordinance No. 906 on its first and only reading.
City Attorney, Darrin Coker, stated that this ordinance is for the acquisition of easements
for the traffic signal at the McHard overpass. He reported that up to this point, attempts
to negotiate a settlement on the price of the easements has been unsuccessful.
Consequently the City needs to pass an ordinance declaring a public convenience and
necessity in order to move forward with the condemnation of the easements. Mr. Coker
recommended the adoption of this ordinance.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION -AWARD OF BID NO. B99-054 FOR DITCH CLEANING SERVICES.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
award Bid No. B99-054 to Brazos Bottom Sand & Equipment, Rosharon, Texas for a unit
cost of $2.30 per linear foot with a grand total of $56,384.50.
Purchasing Officer, Gordon Island, gave a brief overview of the Bid No. B99-054 and
recommended that it be awarded to Brazos Bottom Sand & Equipment, Rosharon, Texas
for a unit cost of $2.30 per linear foot with a grand total of $56,384.50.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
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COUNCIL ACTION - AWARD OF BID NO. B99-034 FOR WATER METERS AND
MISCELLANEOUS MATERIALS.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
award Bid No. B99-034 for water meters and vault assemblies to Hughes Supply,
Houston, Texas and award meter boxes -single to Oldcastle/Brooks Products, Houston,
Texas and meter boxes -dual and meter adapters 1" and 2" to Hughes Supply,
Houston,Texas.
Purchasing 0Moar, Gordon -Island, gave an overview of Bid No. B99-034. He eta oo tit
the estimated annual 0acpenditure for this contract is appcaxirnateiy1,.R, p►r Ilr,
and that is bpOW on historical data and projections. The contract period
with the o�, to extend for two additional years, twelve month per%d . `Mr. Island
reported that the pricing is firm for the initial three year contract period, and extensions
can be adjusted plus or minus based on demonstrated cost fluctuations.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 907 -AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, ADOPTING A STORM DRAINAGE DESIGN
CRITERIA MANUAL TO GUIDE AND DIRECT THE DESIGN OF DRAINAGE
DEVELOPMENT AND IMPROVEMENTS IN THE CITY OF PEARLAND; HAVING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to
approve Ordinance No. 907 on its first reading.
City Engineer, John Hargrove, stated that the criteria manual has been a long time
coming. He said that he has been using most of the concepts in the manual every since
he has been with the City, more specifically with development recently. Mr. Hargrove
gave a brief overview of the manual, and stated that he is very proud of it, and has a lot
of confidence in it, and recommends its adoption.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Page 12 of 20 - 6/14/1999
Motion Passed 5 to 0.
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COUNCIL ACTION -COUNCIL ACCEPTANCE OF WEST OAKS, SECTION THREE AND
FOUR SUBDIVISION.
Councilmember Wilkins made the motion, seconded by Councilmember Tetens, to accept
West Oaks, Section Three.
City Engineer, John Hargrove, addressed Council and stated that all of the work on the
subdivision is complete, the work was done by David White Construction, another one of
his standard exceptional jobs. This subdivision brought in thirty-four new lots into the City,
and he recommends its acceptance.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - COUNCIL ACCEPTANCE OF OAKBROOK ESTATES, SECTION
FOUR SUBDIVISION.
Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Berger, to accept
Oakbrook Estates, Section Four.
City Engineer, John Hargrove, addressed Council and stated that all of the work on this
subdivision is complete, and it has added fifty-nine new lots into the City, and he
recommends its acceptance.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - COUNCIL ACCEPTANCE OF WILLOW LAKE ESTATES, SECTION
ONE SUBDIVISION.
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Berger, to
accept Willow Lake Estates, Section One.
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145
City Engineer, John Hargrove, addressed Council and stated that this subdivision is off
of Dixie Farm Road, north of Oakbrook Estates. It is complete, and he recommends its
acceptance.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
FIROT AND ONLY READING OF ORDINANCE NO. $70-1 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE W.
870, AS IT MAY HAVE BEEN FROM TIME TO TIME AMENDED, ESTABLISHING
CHARGES FOR SEWER SERVICES FURNISHED BY THE CITY, AS PROVIDED IN
CHAPTER 30, ARTICLE II, SECTION 30-38 OF THE CODE OF ORDINANCES;
REPEALING PREVIOUS SEWER SERVICE RATE SCHEDULES; PROVIDING A
PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE AND A SEVERABILITY
CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND FOR
CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO
ESTABLISH SEWER RATES INURES TO THE BENEFIT OF THE PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF
THE CITIZENRY.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
approve Ordinance No. 870-1 on its first and only reading.
City Attorney, Darrin Coker, stated that this ordinance is designed to save the City money.
Mr. Coker explained that when someone has their own water well, but uses the city sewer
service, there is not an accurate way to determine how to charge them for the sewer
service. As a result the customer receives a minium bill, which is based two -thousand
gallons of water consumption, resulting in a bill for about $9.76 per month for that service.
The average family in Pearland uses about ten -thousand gallons per month. The only
way for the City to charge accurately is to meter the water being used by the customer's
water well. This ordinance will encourage those who have water wells to have their wells
metered, and for the customer that does not want to have a water meter installed, they
will pay the minium water consumption of ten -thousand gallons.
Utility Supervisor, Missy Miller, reported that there are about two -thousand consumers
that fall into this category, and with this ordinance the City should see an increase of
revenues by these customers paying for the amount of service that they are using.
Page 14 of 20 - 6/14/1999
Mayor Reid stated that currently this is a form of .subsidizing, and the water and sewer
departments are losing money.
City Attorney, Darrin Coker, stated that this is for residential and commercial customers.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 862-3 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO.
862, THE 1999 ANNUAL BUDGET ORDINANCE, BY AUTHORIZING CERTAIN
ADDITIONSAND REDUCTIONS IN GENERAL FUND LINE ITEMS, WATERAND SEWER
FUND LINE ITEMS, DEBT SERVICE FUND LINE ITEMS, UTILITY IMPACT FEE LINE
ITEMS, AND CAPITAL PROJECTS FUND LINE ITEMS, FOR MUNICIPAL PURPOSES;
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS
NECESSARY TO FACILITATE THE CHANGES IDENTIFIED HEREIN WITHOUT
FURTHER APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE; AND
DECLARING AN EMERGENCY BECAUSE THE NEED TO ADJUST THE CITY BUDGET
BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to
approve Ordinance No. 862-3 on its first and only reading.
Director of Finance, David Castillo, gave an overview of the budget amendment.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0
COUNCIL ACTION - RESOLUTION NO. R99-44 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO ENTER INTO A LICENSE AGREEMENT WITH DONYA L.L.C. TO
GRANT A LICENSE ON REAL PROPERTY OWNED BY PEARLAND FOR USE AS A
PARKING AREA.
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147
Councilmember Wilkins made the motion, seconded by Mayor Pro -tem Berger, to
approve Resolution No. R99-44.
City Attorney, Darrin Coker, stated that this resolution involves the shopping center at the
intersection of Liberty Drive and FM 518. Mr. Coker addressed several proposals
regarding the easements, and stated that the final recommendation is to do a license
agreement with the developer which would allow him to utilize a portion of the City's
property for parking. The agreement would also allow for shared parking between the
develQpers and the City's library property. In return, the deve,10W.1s elso gang to
d. .
e taetc side of the property for office professionat devents Tfie
ali e� !'ndnt . as drafter will �r nt an ex lusNo license a9 eft row of
parktt9g. How�rer, itis deveprer would have a one-year optionfor an arl fifty feet,
and it would be a nonexclusive Ilo Anse agreement, the City and development would both
be entitled to use It for parking.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - NAMING THE NEW CITY OF PEARLAND LIBRARY BUILDING
AFTER MAYOR TOM REID.
Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to name
the new City library building after Mayor Tom Reid.
Councilmember Berger, stated that Mayor Tom Reid has served as Pearland's Mayor
during the 1970's, 1980's, and 1990's and will be Mayor at the turn of the century in the
Year 2000. In addition, Mayor Reid has served the City of Pearland as Planning
Commissioner, City Councilmember, Charter Review Commissioner, Chairman of the
Pearland Centennial Commission, and Chairman of Brazoria Drainage District No. 4.
Mayor Reid served as Chairman of the Pearland Library Board and was a member of the
County Library Board, and he is a Charter member to the Friends of the Library
Organization. As a Councilmember Mayor Reid voted in the 1970's to utilize Pearland's
first revenue sharing check to purchase the first library facility now called the Melvin
Knapp Building. He campaigned heavily for the bond issue to construct the current library
facility that is part of the community center. The naming of the Library after Mayor Reid
will be well-deserved by recognizing his many years of contribution to our community.
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W, j
Mayor Reid stated that he is deeply honored and flattered.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - APPOINTMENT OF PEARLAND INDEPENDENT SCHOOL
DISTRICT TAX ASSESSOR (JO KNIGHT) TO CALCULATE AND PUBLISH THE
EFFECTIVE TAX RATE AND ROLLBACK TAX RATE FOR 1999.
Councilmember Beckman made the motion, seconded by Councilmember Wilkins, to
appoint P.I.S.D. Tax Assessor Jo Knight to calculate and publish the effective tax rate
and rollback tax rate for 1999.
City Manager, Glen Erwin, stated that this is an action the City takes every year to
conform to the State Property Tax Code. This will allow Ms. Knight to calculate and
publish the effective property tax rate and rollback property tax rate. for 1999.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-312 - 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 TRACT 1: THE EAST Y2 OF LOT 64
& TRACT 2: THE EAST Y OF LOT 63, SECTION 9, H.T. & B.R.R. CO. SURVEY, A-234,
RECORDED IN VOLUME 13, PAGE 615 DEED RECORDS OF BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 642) (14610 ROY ROAD) FROM THE CLASSIFICATION
OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT
THE REQUEST OF FRANCES POWELL ADAMS, 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.
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Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Berger, to
approve Ordinance No. 509-312 (Application No. 642) on its first reading.
Planning and Development Director, Dennis Smith stated that this application was
originally for a building and material supply store. The Commercial District (C)
designation is for the outside storage provisions. He stated that he will ask the applicant
if they would consider a General Business (GB) classification with a Specific Use Permit
for the outside storage. Mr. Smith asked the Council to table this ordinance to allow him
time to meet with the applicant.
Gayer Pro -Tem Berger` M, tho motion, seconded by Councilmember ,Beckman, to
teles Ordinance No 5g9-3'12 tApplicatlon No. 642) on its first reading
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:08 p.m. to
discuss the following:.
XI. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
I. SECTION 551.071 - CONSULTING WITH CITY ATTORNEY
REGARDING PENDING LITIGATION - DISCUSSION OF ENTEX
LITIGATION.
2. SECTION 551.072 - CONSULTATION WITH THE CITY ATTORNEY
REGARDING THE ACQUISITION OF REAL PROPERTY FOR
CONSTRUCTION OF A REGIONAL FLOOD DETENTION SITE.
3. SECTION 551-074 - PERSONNEL MATTERS - DISCUSSION
CONCERNING APPOINTMENT OF THE BOARD OF DIRECTORS
OF TAX INCREMENT REINVESTMENT ZONE NO. 2.
Council returned from Executive Session at 10:21 p.m.
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150
NEW BUSINESS (CONTINUED):
COUNCIL ACTION - INSTRUCT TO THE CITY ATTORNEY REGARDING ENTEX
LITIGATION.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Tetens, to
authorize legal counsel in the City's franchise fee litigation against Entex, W. Mark Lanier
of Lanier Parker & Sullivan P.C., to take all actions necessary, including litigation against
Entex or its successors, both for the city and as a class representative for similar situated
municipalities, for the purpose of. obtaining a declaratory judgment construing the
franchise agreements; determining the rights, obligations and duties existing between the
City (and class members) and Entex or its successors; compelling an audit of the records
of Entex or its successors and establishing and collecting any franchise fees owed by
Entex or its successors to the City (and any class members).
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCILACTION -DIRECTION TO CITYATTORNEY REGARDING THEACQUISITION
OF REAL PROPERTY FOR CONSTRUCTION OF A STORM WATER DETENTION
FACILITY.
Councilmember Wilkins made the motion, seconded by Councilmember Tetens, tp
authorize the City staff to proceed with the acquisition of real property for the construction
of a storm water detention facility.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - INSTRUCTION TO CITY STAFF REGARDING APPOINTMENT OF
MEMBERS OF THE BOARD OF DIRECTORS OF TAX INCREMENT REINVESTMENT
ZONE NO. 2.
This item was passed, no Council action taken.
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:51
ADJOURNMENT
Meeting was adjourned at 10:25 p.m.
Minutes approved as submitted and/or corrected this the day of A.D., June. 1999.
Tom Reid
Mayor
ATTEST.
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