2002-02-25 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON FEBRUARY 25, 2002, 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
Larry Marcott
Richard Tetens
Woody Owens
Larry Wilkins
Klaus Seeger
Bill Eisen
Darrin Coker
Young Lorfing
Others in attendance: Deputy City Manager Alan Mueller; Executive Director of Community
Services Tobin Maples; Police Chief J.C. Doyle; City Engineer John Hargrove; Community
Relations Liaison Phibi Vassallo; Public Works Director Jerry Burns; Assistant City Attorney
Nghiem Doan; Purchasing Officer Gordon Island; Project Director Joe Wertz; Grants and
Strategic Planning Coordinator Chris Kidwell.
The invocation was given by Bob Lewis and the Pledge of Allegiance was led by Police
Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT:
Mayor Reid reported on February 12 he attended Harris County Judge Bob Eckels State
of the County address; FebruAry 13 attended the Adult Reading Board of Directors Meeting
and the Pearland Community Hospital Board of Directors Meeting; February 14 attended
a ribbon cutting for Washington Mutual Bank and a groundbreaking and proclamation for
Christian Helping Hands; February 15 was a celebrity reader at C.J. Harris Elementary
School; February 16 attended the Cub Scout Troop 468 Blue & Gold Awards Banquet and
also the Cub Scout Troop 466 Blue & Gold Awards Banquet; February 18 met with
Developers and Engineering Consultant(s?) and a City Council Public Hearing; February
19 attended the HGAC Board of Directors Meeting; February 20 attended the Business
and Industry Breakfast, the Pearland College Business Luncheon, the Pearland Area
Infrastructure Quarterly Meeting, and the Brazoria County Cities Association Meeting;
February 21 attended the Chamber Leadership Council Meeting, a ribbon cutting for Texas
Tile & Rug, a ribbon cutting for Silver Star Realty, the Gulf Coast Water Authority Board
Page 1 of 16 - 2/25/2002
of Directors Meeting, and the Cub Scout Troop 460 Blue & Gold Awards Banquet;
February 22 attended the HGAC Transportation Policies Council Board of Directors
Meeting, a meeting with City Manager Bill Eisen and a business prospect, and th& Cub
Scout Troop 463 Blue & Gold Awards Banquet; February 23 attended the PTA Ethnic
Diversity Fair and pitched the opening pitch for Pearland High School Varsity baseball
game; February 25 attended a meeting with Workforce Director Robert Muntz and a
Pearland Economic Development Corporation Meeting.
COUNCIL ACTIVITY REPORTS
Councilmember Tetens passed on giving a report.
Councilmember Owens stated on February 12 he spoke to the Green Tee Homeowners
Association and then attended Harris County Judge Bob Eckels State of the County
address. February 14 attended the groundbreaking for Christian Helping Hands; February
20 attended the Pearland Chamber Luncheon Business and Industry Survey and also the
Brazoria County Partnership on Infrastructure Committee Meeting in which he helps chair.
This committee is looking at doing a major investment study on SH 288 and SH 35 to see
what can be done to help relieve some of the traffic.
Mayor Pro -Tem Marcott stated he attended a ribbon cutting for Washington Mutual Bank
and a groundbreaking for Christian Helping Hands. He stated that he also attended the
monthly Brazoria County Cities Association Meeting.
Councilmember Wilkins passed on giving a report.
Councilmember Seeger passed on giving a report.
CITY MANAGER'S REPORT
City Manager, Bill Eisen, stated that this week TxDOT will be doing some asphalt work on
the railroad tracks on Broadway. This will not be the permanent improvements since
TxDOT is still trying to work with the railroad to come up with a more permanent type
improvements much like the one on Orange Street. He further reported that the City will
be improving the Council Chamber's sound system to make it easier to hear and to have
better quality recordings. This will take place in 2-3 weeks.
Page 2 of 16 - 2/25/2002
CITIZENS
Charles McMurrey, 5209 Spring Branch Drive, addressed Council and stated he hopesthat
Item B, Ordinance 943-4, on tonight's Consent Agenda, passes. He further stated that
even if the Master Plan is changed, the bigger problem is the Planning and Zoning
Commission. He read from a letter signed by the Chairman of the Planning and Zoning
Commission that states two of the commissioners from the Planning and Zoning
Commission were showing concerns about the City taking more industrial property from
the Pearland Economic' Development Corporation. He stated that voters have been
sending a consistent message that they are not concerned with the amount of industrial
property that the City has but is concerned with quality residential along with the
commercial business that follows behind it.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES:
1. Minutes of the February 11, 2002, Joint Public Hearing held at
6:30 p.m.
2. Minutes of the February 11, 2002, Regular Council Meeting
held at 7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 943-4 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING FIGURE 5.1,
LAND USE PLAN, OF THE CITY'S COMPREHENSIVE PLAN 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. Mr. Tobin Maples, Executive
Director of Community Services.
C. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION
ACCEPTANCE OF BELLAVITA SECTION TWO. Mr. John Hargrove, City
Engineer.
D. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-
32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
Page 3 of 16 - 2/25/2002
PEARLAND, TEXAS, AWARDING A BID FOR DEMOLITION SERVICES
ASSOCIATED WITH THE FEMA BUY-OUT PROGRAM. Mr. Gordon Island,
Purchasing Officer.
E. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-
33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO PARTICIPATE IN AN INTERLOCAL COOPERATIVE
PRICING ARRANGEMENT WITH THE HOUSTON-GALVESTON AREA
COUNCIL (HGAC) FOR THE PURCHASE OF ROLLING STOCK
VEHICLES. Mr. Gordon Island, Purchasing Officer.
F. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-
34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF A
TRACK DOZER. Mr. Gordon Island, Purchasing Officer.
G. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1053 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENAMING BIG
SPRINGS COURT AS CYPRESS BEND COURT; SAVINGS CLAUSE, A
SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN
EFFECTIVE DATE, FOR PUBLICATION AND FOR CODIFICATION; AND
DECLARING AN EMERGENCY BECAUSE THE NEED TO ASSIGN
STREETS DISSIMILAR NAMES TO PREVENT CONFUSION AMONG
EMERGENCY SERVICE PROVIDERS INURES TO THE BENEFIT OFTHE
GENERAL PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr Darrin Coker,
City Attorney.
H. CONSIDERATION AND POSSIBLE ACTION - REGARDING
REAPPOINTMENT OF VICKY PREBLISKY AND PENNY WOODWARD TO
SERVE ON THE LIBRARY BOARD FOR A THREE-YEAR TERM. Mayor
Reid.
Mayor Pro -Tem Marcott asked that Consent Agenda Item B be removed from the Consent
Agenda for further discussion.
Page 4 of 16 - 2/25/2002
Councilmember Tetens made the motion, seconded by Councilmember Owens, to adopt
Consent Agenda Items A through H, with the exception of Item B, as presented on the
Consent Agenda.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
As requested by Mayor Pro -Tem Marcott, Consent Agenda Item B was removed from the
Consent Agenda for further discussion.
Councilmember Tetens made the motion, seconded by Councilmember Owens, to adopt
Consent Agenda Item B.
Voting "Aye" Councilmembers Owens, Wilkins, and Seeger.
Voting "No" Councilmembers Tetens and Mayor Pro -Tem Marcott.
Motion Passed 3 to 2.
NEW BUSINESS:
FIRST READING OF ORDINANCE NO. 509-567 - 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 AND GRANTING A SPECIFIC USE PERMIT FOR
STORAGE AND MINI -WAREHOUSES ON THE FOLLOWING PROPERTY, BEING 4.69
ACRES, BEING LOT 7A, WHICH IS THE SOUTH'/2 OF LOT 7, ALLISON RICHEY GULF
COAST HOME COMPANY SUBDIVISION OF SUBURBAN GARDENS, SECTION 19, H.
T. & B. R.R. COMPANY SURVEY, A-243, AS RECORDED IN VOLUME 111, PAGE 184,
DEED RECORDS OF BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 100) (2109
CULLEN BOULEVARD) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO
COMMERCIAL DISTRICT - SPECIFIC USE (C(S)) AT THE REQUEST OF CLASSIC
STORAGE STATION INC., OWNER, PROVIDING FORAN AMENDMENT OFTHE LAND
USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE,
Page 5 of 16 - 2/25/2002
AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr.
Tobin Maples, Executive Director of Community Services.
CouncilmemberTetens made the motion, seconded by Councilmember Wilkins, to approve
Ordinance No. 509-567 (Specific Use No. 100) on its first reading, excluding any outside
storage.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
approve Specific Use No. 100.
City Manager, Bill Eisen, stated this is a revised zone change request. The previous
request was denied by Council so the property owners revised the original specific use
permit.
Executive Director of Community Services Tobin Maples, stated at the Joint Public Hearing
the applicants indicated they were not going to have outside storage and that everything
was going to be enclosed. However, at the Planning and Zoning Commission Meeting the
Commission did not make a recommendation to specifically exclude that. It will be at the
discretion of the Council whether or not to tie that in with the ordinance. If it is something
Council would like to put in there it can be done when it comes back for a second reading.
Karen Craig, 2602 Sleepy Hollow, addressed Council and stated this would be flat mini -
storage warehouses and no open storage.
Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
Upon concurrence from the City Attorney, Mayor Reid stated that the following two items
would be read and acted upon together.
FIRST READING OF ORDINANCE NO. 509-568 - 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 11, OUT OF LOT 20, ALLISON
RICHEY GULF COAST HOMES SUBDIVISION, SECTION 9, H. T. & B. R.R. COMPANY
SURVEY, A-234, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1022)(7205 CLIFF
Page 6 of 16 - 2/25/2002
-- STONE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)
TO SINGLE FAMILY DISTRICT (R-1) AT THE REQUEST OF KEVIN T. MORTON,
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.
FIRST READING OF ORDINANCE NO. 509-569 - 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 .76 ACRES OF LAND SITUATED IN A
10 ACRE TRACT OF LAND IN THE SOUTH 1/2 OF THE NORTHEAST 1/a OF THE
SOUTHEAST 1/a OF THE G.C. SMITH SURVEY, SECTION 16, A-546, BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 1021)(6033 SHARONDALE) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DISTRICT (R-1) AT THE REQUEST OF HECTOR L. & ELVIA M. GUERRERO, 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. Mr. Tobin Maples, Executive Director of
Community Services.
Mayor Pro -Tem Marcott moved for the adoption of Ordinance No. 509-568 and Ordinance
No. 509-569 on their first of two readings. The motion was seconded by Councilmember
Owens.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
approve Application Nos. 1022 and 1021.
City Manager, Bill Eisen, stated these are to accommodate the construction of one single-
family home.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
Upon concurrence from the City Attorney, Mayor Reid stated that the following two items
would be read and acted upon together.
Page 7 of 16 - 2/25/2002
FIRST READING OF ORDINANCE NO. 509-570 - 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 CITE' OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN.REAL PROPERTY LOCATION BEING 2.2488 ACRES, OUT OF AND BEING
PART OF A 60.13 ACRE TRACT, ALLISON RICHEY, ALLISON RICHEY GULF COAST
HOME COMPANY'S SUBURBAN GARDENS, H. T. & B. R.R. COMPANY SURVEY,
SECTION 10, A-505, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1019)
(BROOKSIDE ROAD)FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF TONG
& TRUC QUAN BACH VO, 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. Mr. Tobin Maples, Executive Director of Community Services.
FIRST READING OF ORDINANCE NO. 509-571 - 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.7219 ACRE TRACT OUT OF A 40
ACRE TRACT, CALLED TRACT 35, H. T. & B. R.R. CO. SURVEY, SECTION 7, A-219;
AS RECORDED IN VOLUME 850, PAGE 635, DEED RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 1023) (6215 DUBLIN LANE)FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT
SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF KYLE HUNT, 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.
Councilmember Wilkins moved for the adoption of Ordinance No. 509-570 and Ordinance
No. 509-571 on their first of two readings. The motion was seconded by Councilmember
Tetens.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
approve Application Nos. 1019 and 1023.
City Manager, Bill Eisen, stated these are to accommodate the construction of one single-
family home.
Page 8 of 16 - 2/25/2002
Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2002-36 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK
AUTHORIZATION #5 FOR DRAINAGE STUDY, SURVEYING AND RIGHT-OF-WAY
DOCUMENT PREPARATION SERVICES ASSOCIATED WITH THE PEARLAND
MOBILITY AND DRAINAGE BOND PROGRAM. Mr. Joe Wertz, Jr., Project Director.
Councilmember Seeger made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2002-36.
City Manager, Bill Eisen, stated this is Work Authorization #5 for the Bond Program. It is
a proposed contract with Walsh/Freese & Nichols for the hydraulics and hydrology study
and also for Wilson Survey Group to do the surveying and right-of-way maps and
documents. The combined total is $76,326.
Discussion ensued between Council regarding Work Authorization #5.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2002-37 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK
AUTHORIZATION #3, SUPPLEMENT #1, FOR ENVIRONMENTAL COMPLIANCE AND
LAND PURCHASE SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND
DRAINAGE BOND PROGRAM. Mr. Joe Wertz, Jr., Project Director.
CouncilmemberTetens made the motion, seconded by Councilmember Owens, to approve
Resolution No. R2002-37.
City Manager, Bill Eisen, stated this is for Work Authorization #3-1 which provides for
environmental compliance and land purchase services to be performed for Mary's Creek
Page 9 of 16 - 2/25/2002
Detention Facility. Quadrant Consultants was chosen to perform the environmental
compliance work and Crossland Acquisition, Inc. to perform the land purchases.
Brief discussion followed regarding Work Authorization #3-1.
Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO.1054 -AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, ABANDONING A CERTAIN FORTY FOOT (40')
WIDE RIGHT OF WAY LOCATED ADJACENT TO LOTS 3 AND 4 OF THE L.W.
MURDOCK SUBDIVISION IN THE A.C.H. & B.R.R. CO. SURVEY, SECTION 2,
ABSTRACT 507, 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.
CounciImember Owens madethe motion, seconded by Council member Tetens, to approve
Ordinance No. 1054.
City Manager, Bill Eisen, stated this is for the abandonment of a right-of-way that was the
subject of a recent Public Hearing. If approved, the next step will be for the City to
negotiate an agreement with the petitioner for the sale of the property.
Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2002-38 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING THE CONTINUED
FEDERAL FUNDING OF THE CLEAR CREEK FLOOD CONTROL PROJECT. Mr. Bill
Eisen, City Manager.
Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2002-38.
Page 10 of 16 - 2/25/2002
City Manager, Bill Eisen, stated the Clear Creek Drainage Study has been going on for
approximately 30 years. There is now a reevaluation of the previously done study. The
City recently received word from the Corp of Engineers that the reevaluation procei;s will
take a little more than a year longer than was originally planned, which will make the
completion date sometime in 2004. The project must be funded every year in the Federal
Government's annual budget. The President's proposed budget for the upcoming year
includes project funding for the 2003 fiscal year. No problem is anticipated with it being
approved but think it wise, given the history of this project, to express the City's point of
view to the area Congressman so they are aware of Council's concerns and desires to see
the project funded so it can move forward. As a result, Staff is recommending approval of
this resolution so it may be forwarded to the area Congressman.
Mayor Pro -Tem Marcott stated this is an important issue the City should keep pushing on.
He further stated that he is a member of the Citizen Advisory Committee for Clear Creek.
The Creek does not move and opponents of any work being done on the Creek are out
there every day putting this down and letting trees grow further, the brush get thicker, which
will make everyone flood more. He stated this is an issue where everyone needs to
become involved and also encourages everyone to write their Congressman to get them
involved. The City is working with the Drainage District and Friendswood as well as the
City Council of Friendswood to expedite what can be done to clean the Creek in their
respective areas. He stated he would like to add to the resolution that Clear Creek is a
major drainage artery that carries floodwater through Pearland in Brazoria County to
Galveston Bay. He would like to emphasize Pearland in this resolution.
Mayor Reid stated at a recent meeting the Corp of Engineers reported that funding for this
study was in the Federal Government's annual budget. He also encouraged everyone to
write their Congressman regarding this matter.
Councilmember Owens stated the study began in 1968 and he would like to add an end
date on the resolution. He further stated that, if not, all the City would be doing is
supporting the Corp of Engineers to go on and study it for another 34 years.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1055 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, GRANTING THE CONSENT OF THE CITY OF
Page 11 of 16 - 2/25/2002
PEARLAND, TEXAS, TO THE CREATION OF BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 28 WITHIN THE CITY'S CORPORATE BOUNDARIES; CONTAINING A
SAVINGS -CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE;
PROVIDING FOR PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE. Mr. --
Darrin Coker, City Attorney.
Councilmember Wilkins made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 1055.
Alex Garcia, 1001 Fannin, addressed Council and stated he is with Vinson & Elkins and
this is an application for the creation of a Municipal Utility District comprised of
approximately 171 acres. This includes approximately 437 homes at a net density of home
to acres of 3 homes per acre. Currently the tax revenue to the City for this property is
approximately $1700 a year.
Bob Lewis, 2905 Country Club Drive, addressed Council and stated at a recent Council
Meeting, Council decided to cut back the size of in -city MUD's to approximately 750 acres.
He stated he supports the creation of this Municipal Utility District. Tax revenue to the City
for this property is now approximately $1700 a year and will increase $576,000 even after
the $0.15 rebate.
City Manager, Bill Eisen, stated the $0.15 rebate program is different in this particular
Municipal Utility District than it has been in previous MUD's. As a result of discussions
Council has had, all the required documentation has been submitted by the proposed
formers of the MUD with regard to development that will occur. The initial size of the
Municipal Utility District is 170 acres. There are two general areas of the City in which it
is located, with one being adjacent to the Barry Rose Wastewater Treatment Plant and the
other a piece of now residentially zoned property off of Veterans Road which needs to be
rezoned Residential by City Council.
Mayor Pro -Tem Marcott reported that a citizen recently contacted him and stated that he
was against this and felt that this was subsidizing developers and penalizing purchasers
of homes. He further stated the City is losing $123,000 and if there are 437 houses and
each one gets a monthly $5.00 rebate that is another $26,000 the City is giving back to a
Municipal Utility District. When built out, with $123,000 plus another $26,000, the City will
be giving a lot of money back. The people that are out there are paying the taxes plus they
are paying the MUD fee. Municipal Utility Districts are getting $.80 on top of it and that
$.015 does not go back to the citizens but goes back to the developers.
Page 12 of 16 - 2/25/2002
Councilmember Seeger stated there are positives and negatives to this and suggested
Council have a Workshop to discuss whether or not to change the current policy.
City Manager, Bill Eisen, stated the issue of in -city Municipal Utility Districts were initially
agreed to in the late 1990's. It was decided that the opportunity for developer
reimbursement would result in better quality subdivisions with more amenities which would
tend to result in higher valued homes. This has happened since the average assessed
value of homes within in -city MUD's are higher than prior to when in -city MUD's were
formed. This may not be the only factor involved but could be a contributing factor. If
Council desires, a Workshop could be scheduled to discuss this issue further.
Alex Garcia, 1001 Fannin, addressed Council and stated the $0.15 rebate is phased out
because this is a new structure. It is phased out as the Municipal Utility District's tax is
reduced and the $0.15 goes away also. This does not go to the developer but goes to pay
off the bonds that are used to serve the entire district. The $5.00 rebate that is per
connection is a rebate that each customer of the MUD pays and does not come out of the
City's general funds.
Lengthy discussion ensued between Council regarding the creation of Municipal Utility
District No. 28.
Mayor Pro -Tem Marcott stated he would like some verbiage in the document that says that
the Municipal Utility District will put a proper building for the residents on the property and
not do like is done on Old Alvin Road, which is an old and dilapidated MUD trailer.
Voting "Aye" Councilmembers Seeger, Wilkins, and Owens.
Voting "No" Councilmembers Marcott and Tetens.
Motion Passed 3 to 2.
COUNCIL ACTION - RESOLUTION NO. R2002-29 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH QUADRANT
CONSULTANTS, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE
MYKAWA ROAD WATER AND SEWER RELOCATION PROJECT. Mr. Joe Wertz, Jr.,
Project Director.
Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to
approve Resolution No. R2002-29.
Page 13 of 16 - 2/25/2002
City Manager, Bill Eisen, stated this is for engineering services associated with the
relocation of water and sewer utilities along Mykawa Road as a result of the proposed
widening project. The engineering services contract is for $38,283.02. `
Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2002-35 - 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 WAL-
MART STORES, INC., FOR THE CONSTRUCTION OF TRAFFIC IMPROVEMENTS AT
THE INTERSECTION OF DIXIE FARM ROAD AND F.M. 518. Mr. Alan R. Mueller, Deputy
City Manager.
CouncilmemberTetens made the motion, seconded by CounciImember Owens, to approve
Resolution No. R2002-35.
City Manager, Bill Eisen, stated this proposed agreement requires that Wal-Mart East
complete the traffic improvements in terms of turn lanes and driveway enhancements
before being issued a certificate of occupancy. This also requires that Wal-Mart contribute
$60,000 toward the cost of permanent turn lanes once Dixie Farm Road is widened. They
would be paying for part of the cost to do improvements to Dixie Farm that would serve the
specific location.
Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - REMOVE FROM TABLE ACTION REGARDING A PERMIT FOR
THE LITTLE LEAGUE PARADE. City Council.
Councilmember Owens made the motion, seconded by Council member Tetens, to remove
this item from the table.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger.
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Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION -REGARDING A PARADE PERMIT FOR THE LITTLE LEAGUE. City
Council.
Council member Owens made the motion, seconded by Councilmember Tetens, to approve
a parade permit, as recommended by the City Manager and Police Chief, for this year only
and to direct the parties to get together to come up with an alternate route as soon as
possible.
City Manager, Bill Eisen, stated this item was discussed at the previous Council Meeting
and was tabled for further discussion between Police Chief, J.C. Doyle, and Little League
officials. The concern was safety due to the increased traffic on FM 518. The indication
from the Little League is that they would like to have a section of the parade on FM 518 for
one more year. Subsequent to that, they would be working with the Pearland Police
Department to find an alternate route for the following years. A reasonable compromise
would be to allow the Little League to have the parade on FM 518 for one more year and
then finding another route for the future.
A representative from the Little League stated that they would like to have this final year
to be approved since they have little time to come up with an alternate route. This would
give them an entire year to find a route that is mutually acceptable to the City, Little
League, and citizens. The part of FM 518 the parade would be on is between McLean
Road and Harkey Road. The parade would last an hour and a half and will shut down
those parts of FM 518. There will be police officers and as many as 35-40 volunteers to
help with the traffic.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Mayor Reid stated that Council will not be adjourning for Executive Session and Item No.
14 will be passed with no Council action taken.
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EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
I. SECTION 551.072 - DISCUSSION WITH CITY ATTORNEY
REGARDING THE ACQUISITION OF LAND. Mr. Darrin Coker, City
Attorney.
NEW BUSINESS (CONTINUED):
14. COUNCIL ACTION - DIRECTION TO STAFF REGARDING THE
ACQUISITION OF LAND. Mr. Darrin Coker, City Attorney.
Passed with no Council action taken.
ADJOURNMENT
Meeting was adjourned at 8:58 p.m.
Minutes approved as submitted and/or corrected this the 11 day of March
2002.
Tom Reid
Mayor
ATTEST:
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