2002-06-24 CITY COUNCIL REGULAR MEETING MINUTES115.
MINUTES - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON JUNE 24, 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
Woody Owens
Richard Tetens
Charles Viktorin
Larry Marcott
Klaus Seeger
Bill Eisen
Darrin Coker
Young Lorfing
Others in attendance: Police Chief J.C. Doyle; City Engineer John Hargrove; Project
Director Joe Wertz•, Assistant City Attorney Nghiem Doan; Community Development
Coordinator Mona Phipps; and Planner 1 Theresa Grahmann.
The invocation was given by Mike Hogg and the Pledge of Allegiance was led by Police
Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid introduced Fred Welch, Executive Director, and Mike Hogg, Chairman, of the
Brazoria .County Partnership. The Partnership is comprised of seven Chambers of
Commerce in Brazoria County. He further introduced Terry Morgan and Lucy Stevener,
who are members of the Board of Directors of the Brazoria County Partnership.
Fred Welch, Executive Director of the Brazoria County Partnership, gave an update on
some of the activities that have taken place within the Brazoria County Partnership.
Mayor Reid reported on June 11 he met with the Ministerial Alliance and attended the
groundbreaking of Middle School #3; June 12 attended a meeting of the Adult Reading
Center Board of Directors; June 13 attended a ribbon cutting of "The Club" Development,
and attended the monthly meeting of the S.E. Shrine Club; June 14 attended the Chamber
Good Morning Breakfast; June 16 attended the groundbreaking for expansion of St.
Helen's Catholic Church; June 18 attended a meeting of the HGAC Board of Directors;
June 19 attended a meeting with the Executive Director of Southeast Memorial Hospital;
June 20 attended the Harris County Commissioner Eversole Breakfast, Exchange Club
Luncheon, and a meeting of the Gulf Coast Water Authority Board of Directors; June 21
Page 1 of 15 — 6/24/2002
116
attended the groundbreaking of the Southeast Memorial Hospital expansion.
COUNCIL ACTIVITY REPORTS
Councilmember Tetens reported he attended the groundbreaking of Middle School #3 on
Manvel Road.
Councilmember Viktorin reported he attended the groundbreaking at St. Helen's, and
attended a meeting of the Society of American Military Engineers, of which he was a
member in school.
Mayor Pro -Tem Owens reported June 12-13 he attended a Bridge Conference at TxDOT
in Austin; June 14 attended a reception for President George Bush and Texas Governor
Rick Perry; June 19 attended a SAME Meeting, and the Brazoria County Partnership
Infrastructure Meeting; June 20 attended the Harris County Commissioner Eversole
Breakfast; June 21 attended the groundbreaking of the expansion of Southeast Memorial
Hospital; June 22 went to the new building of Christian Helping Hands where he did some
landscape work.
Councilmember Marcott reported he was on vacation in Oregon and attended his 40 -year
class reunion. "
Councilmember Seeger passed on giving a report.
CITY MANAGER'S REPORT
City Manager, Bill Eisen, reported the City recently received a petition to call a Local
Option -Election for the sale of alcoholic beverages, in restaurants only. The petition
contained 7,268 signatures. Under state law, 6,788 valid signatures have to be on the
petition in order for the election to be called. The City Secretary's office is currently
halfway through the verification process and, so far, approximately 120 signatures have
had to be declared invalid for various reasons. If the election is called, it would take place
on September 14, 2002.
There will be a July 4th celebration, which was moved from Presner Stadium to
Independence Park due to construction on nearby roads. There will be a flag retirement
ceremony, musical entertainment, a presentation of the flag, a ceremony honoring
veterans, and fireworks. Since limited parking is an issue at Independence Park there will
be a shuttle bus available that will run from Pearland High School to Independence Park.
Page 2 of 15 - 6/24/2002
CITIZENS
117
Terry Gibson, 2008 Pinehill Dr. West, addressed Council and stated he would like to know
the results of a traffic study on Yost Road @ FM 518. He would also like an update on the
improvement schedule for Dixie Farm Road. He and other residents are concerned about
drainage issues and a rumor about a new subdivision going in on Yost Road.
Charles McMurrey, 5209 Spring Branch Drive, addressed Council and stated he believes
applicants being considered for Boards and Commissions should go through training in the
areas in which they are being appointed. He further stated he would like to see Council
move on the recommendations that were presented last year by the Charter Review
Commission.
Mason Locke Weems 6, 701 E. Brazos Avenue, addressed Council regarding his concerns
with 12 acres located within Shadow Creek Ranch.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF
MINUTES:
1. Minutes of the June 4, 2002, Special Meeting held at 6:30 p.m.
2. Minutes of the June 10, 2002, Public Hearing held at 6:30 p.m.
3. Minutes of the June 10, 2002, Public Hearing held at 6:30 p.m.
4. Minutes of the June 10, 2002, Joint Public Hearing held at 6:30 p.m.
5. Minutes of the June 10, 2002, Regular Council Meeting held at 7:30
p.m.
B. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION
ACCEPTANCE OF MAGNOLIA PLACE PHASE 3 AND 4. Mr. John
Hargrove, City Engineer.
C. CONSIDERATION AND POSSIBLE ACTION SUBDIVISION
ACCEPTANCE OF SHADOW CREEK RANCH SF -9A. Mr. John
Hargrove, City Engineer.
D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
2002-101 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO ENTER INTO A STRATEGIC PARTNERSHIP
Page 3 of 15 — 6/24/2002
Iia
AGREEMENT WITH BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 21. Mr. Darrin Coker, City Attorney.
E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
2002-100 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO ENTER INTO A STRATEGIC PARTNERSHIP
AGREEMENT WITH BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 22. Mr. Darrin Coker, City Attorney.
F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
2002-103 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO ENTER INTO A SALES AND USE TAX AGREEMENT
WITH BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 21.
Mr. Darrin Coker, City Attorney.
G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
2002-102 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO ENTER INTO A SALES AND USE TAX AGREEMENT
WITH BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 22.
Mr. Darrin Coker, City Attorney.
H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
2002-105 - 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
PEARLAND INDEPENDENT SCHOOL DISTRICT FOR
IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT SCHOOL
DISTRICT FACILITIES. Mr. Darrin Coker, City Attorney.
Councilmember Viktorin asked that Consent Agenda Item A be removed from the Consent
Agenda for further discussion.
Mayor Pro -Tem Owens asked that Consent Agenda Item H be removed from the Consent
Agenda for further discussion.
Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to adopt
Consent Agenda Items B through G, as presented on the Consent Agenda.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Page 4 of 15 — 6/24/2002
Voting "No" None.
Motion Passed 5 to 0.
119
MATTERS REMOVED FROM CONSENT AGENDA:
As requested by Councilmember Viktorin, Consent Agenda Item A was removed from the
Consent Agenda for further discussion.
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES:
1. Minutes of the June 4, 2002, Special Meeting held at 6:30 p.m.
2. Minutes of the June 10, 2002, Public Hearing held at 6:30 p.m.
3. Minutes of the June 10, 2002, Public Hearing held at 6:30 p.m.
4. Minutes of the June 10, 2002, Joint Public Hearing held at 6:30 p.m.
5. Minutes of the June 10, 2002, Regular Council Meeting held at 7:30
p.m.
Councilmember Tetens made the motion, seconded by Councilmember Marcott, to
approve adding the changes to the minutes, as requested by Councilmember Viktorin.
Councilmember Viktorin stated he would like to make an addition to the minutes from June
10, 2002, Regular Council Meeting, regarding Resolution R2002-87 which was a
presentation of the City's audit. He further stated he would like the minutes to reflect that
the auditor presented, in the. management letter to the City, 60 items which did not have
supporting documentation. He questioned the auditor about what the 60 items were
regarding and their dollar amount, to which the auditor could not answer. The auditor
promised to provide documentation to Council and would like the minutes to reflect that.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Pro -Tem Owens asked that Consent Agenda Item H be removed from the Consent
Agenda for further discussion.
H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. 2002-105 - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
^^ AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN
Page 5 of 15 — 6/24/2002
120
INTERLOCAL AGREEMENT WITH PEARLAND INDEPENDENT SCHOOL
DISTRICT FOR IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT
SCHOOL DISTRICT FACILITIES. Mr. Darrin Coker, City Attorney.
Councilmember Tetens made the motion,. seconded by Councilmember Viktorin, to
approve Resolution No. R2002-105.
Mayor Pro -Tem Owens stated that recently he read a newspaper article that talked about
the City and Pearland Independent School District not being able to work together. He
further stated he would like to reiterate that the City and PISD do work together and this
interlocal agreement is an example of their working relationship.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
NEW BUSINESS
FIRST READING OF ORDINANCE NO. 509-588 — 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, ON CERTAIN REAL PROPERTY, MORE OR LESS, LOCATED IN
THE DUPUY AND ROBERTS SURVEY, ABSTRACT 726, BRAZORIA COUNTY;
WILLIAM MORRIS SURVEY, ABSTRACT 344, BRAZORIA COUNTY; T.C.R.R.
COMPANY SURVEY, SECTION 3, ABSTRACT 678, BRAZORIA COUNTY; T.C.R.R.
COMPANY SURVEY, SECTION 4 (JOHN W. MAXEY), ABSTRACT 675, BRAZORIA
COUNTY; OBEDIAH PITTS SURVEY, ABSTRACT 717, BRAZORIA COUNTY; H. T. & B.
R.R. COMPANY SURVEY, SECTION 80 (J.S. TALMAGE), ABSTRACT 564, BRAZORIA
COUNTY; H. T. & B. R.R. COMPANY SURVEY, SECTION 81, ABSTRACT 300,
BRAZORIA COUNTY; H. T. & B. R.R. COMPANY SURVEY, SECTION 82 (J.S.
TALMAGE), ABSTRACT 565, BRAZORIA COUNTY; H. T. & B. R.R. COMPANY
SURVEY, SECTION 83, ABSTRACT 305 IN BRAZORIA COUNTY AND ABSTRACT 761
IN FORT BEND COUNTY; S.G. HAYNIE SURVEY, ABSTRACT 212 IN BRAZORIA
COUNTY AND ABSTRACT 620 IN FORT BEND COUNTY; FRANKLIN HOOPER
SURVEY, ABSTRACT 198, FORT BEND COUNTY; GEORGE W. MCDONALD SURVEY,
ABSTRACT 577, FORT BEND COUNTY; I.C. STAFFORD SURVEY, ABSTRACT 668,
FORT BEND COUNTY AND THE H. LEVERING SURVEY, ABSTRACT 279, FORT BEND
COUNTY, TEXAS (APPLICATION NO. 1040) (SHADOW CREEK RANCH
DEVELOPMENT) TO AUTHORIZE A COMPREHENSIVE SIGN PROGRAM AT THE
REQUEST OF KERRY R. GILBERT & ASSOCIATES, INC., AGENT FOR SHADOW
CREEK RANCH DEVELOPMENT COMPANY, L.P., OWNER, PROVIDING FOR AN
Page 6 of 15 — 6/24/2002
12l
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 Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to
approve Ordinance No. 509-588 (Application No. 1040) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
forward to Council for approval of Application No. 1040.
City Manager, Bill Eisen, stated this is an amendment to the Planned Unit Development
which would formally establish the signing program that would apply within the confines of
the Shadow Creek Ranch subdivision. This has been modified from a previous version
that City Council previously held hearings on and declined to approve. The change
between versions is that the signs along SH 288 have been deleted from the proposed
program.
Mason Locke Weems 6, 701 E. Brazos Avenue, addressed Council and stated he is in
favor of approval of 509-588, except for 12 acres.
Gary Cook, 2947 E. Broadway, stated he is the applicant for this change. He further
outlined the changes to this application from a previous version.
Lengthy discussion ensued between Council regarding the proposed sign program.
Voting "Aye" Councilmembers Seeger, Owens, Viktorin, and Tetens.
Voting "No" Councilmember Marcott.
Motion Passed 4 to 1.
FIRST READING OF ORDINANCE NO. 509-589 — 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 8.842 ACRES, H. T. & B. R.R.
COMPANY SURVEY, A-243, BRAZORIA COUNTY, TEXAS, BEING A PORTION OF LOT
8, SECTION 19, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, AS
RECORDED ON A MAP OR PLAT IN VOLUME 2, PAGE 23, BRAZORIA COUNTY MAP
RECORDS, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1039) (1115 CULLEN
BOULEVARD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)
Page 7 of 15 — 6/24/2002
122
TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF PAUL BRENT DURRETT,
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.
Mayor Pro -Tem Owens made the motion, seconded by Councilmember Seeger, to
approve Ordinance No. 509-589 (Application No. 1040) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
forward to Council for approval of Application No. 1039.
City Manager, Bill Eisen, stated this property is on the northeast corner of Cullen and
Hughes Ranch Road. The request is for a change from Suburban Development, which
was the zoning originally assigned to the property when it was annexed, to Commercial
District, which would allow a wide variety of commercial type uses on the property.
Brent Durrett, 6120 Brookside Drive, addressed Council and stated he owns the property
being discussed and is in favor of the zone change.
Discussion took place between Council and the City Manager regarding this zone change.
Voting "Aye" Councilmembers Viktorin, Owens, and Marcott.
Voting "No" Councilmembers Tetens and Seeger.
Motion Passed 3 to 2.
FIRST READING OF ORDINANCE NO. 509-591 — 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 40 ACRES, BEING ALL OF LOTS 44,
45, 54 AND 55, OUT OF THE ALLISON RICHEY GULF COAST HOME COMPANY
SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGE 98,
BRAZORIA COUNTY PLAT RECORDS, SITUATED IN THE J.S. TALMAGE SURVEY,
SECTION 80, A-564, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1037) (CR 59)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R2) AT THE REQUEST OF JAMES JOHNSON; AGENT
FOR FAMILY CARE MEDICAL CLINIC/ULYSSES WATKINS, JR., M.D., OWNER,
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING
A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
Page 8 of 15 — 6/24/2002
123
PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of
Community Services.
Councilmember Marcott made the motion, seconded by Councilmember Seeger, to table
Ordinance No. 509-591 (Application No.. 1037) on its first reading, to have additional
discussion with the developer.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
forward to Council for approval of Application No. 1037.
City Manager, Bill Eisen, stated this property is located west of SH 288 and south of the
Broadway extension and is near Southgate Subdivision. The request is for a change from
Suburban Development, which was the zoning originally assigned to the property when it
was annexed, to R-2.
Discussion ensued between Council regarding this zone change.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin and Tetens.
Voting "No None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-590 — 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 3, BLOCK 1, OLD CHOCOLATE
BAYOU, BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 108) (2737 OLD
CHOCOLATE BAYOU ROAD) FROM CLASSIFICATION COMMERCIAL DISTRICT
(C)TO COMMERCIAL DISTRICT -SPECIFIC USE (C(S)) AT THE REQUEST OF
OSBORN & VANE ARCHITECTS, AGENT FOR JAMES AND DOROTHY MEDEARIS,
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.
Councilmember Seeger made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 509-590 (Specific Use No. 108) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
forward to Council for approval of Specific Use No. 108.
Page 9 of 15 — 6/24/2002
124
City Manager, Bill Eisen, stated this is to expand an existing storage business.
Jason Chapman, 2000 Bering Drive, addressed Council and stated he is the architect for
the owners requesting this zone change and is in favor of the zone change.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin and Tetens.
Voting "No" None.
Motion 5 to 0.
FIRST READING OF ORDINANCE NO. 509-592 — 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 9.521 ACRES, W.D.C. HALL LEAGUE,
A-70, BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 107) (3007 AND 3017 YOST
ROAD AND 3214 HAMM ROAD) FROM CLASSIFICATION SINGLE FAMILY DWELLING
DISTRICT (R1) TO SINGLE FAMILY DWELLING DISTRICT — SPECIFIC USE (R1 (S)) AT
THE REQUEST OF SIDNEY KLIESING, AGENT FOR SHADYCREST . BAPTIST
CHURCH, 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 Tetens made the motion, seconded by Mayor Pro -Tem Owens, to approve
Ordinance No -.509-592 (Specific Use No. 107) -on -its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
forward to Council for approval of Specific Use No. 107.
City Manager, Bill Eisen, stated this is an expansion of the existing Shadycrest Baptist
Church. If approved, the church intends to expand their education facilities.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
Page 10 of 15 — 6/24/2002
125
FIRST READING OF ORDINANCE 509-593 — 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 8, BLOCK 7, HICKORY CREEK PLACE, H. T.
& B. R.R. COMPANY SURVEY, SECTION 7, A-219, BRAZORIA COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 11, PAGE 1,
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1042) (O'DAY ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R1) AT THE REQUEST OF LYNDA TAYLOR KENNEDY, AGENT
FOR PHILLIP W. & TERRI RUTTER, 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 Viktorin made the motion, seconded by Councilmember Marcott, to
approve Ordinance No. 509-593 (Application No. 1042) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
forward to Council for approval of Application No. 1042.
City Manager, Bill Eisen, stated this zone change involves one lot that would allow for the
construction of one single home.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2002-98 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK
AUTHORIZATION #1 SUPPLEMENT #3 FOR PRELIMINARY ENGINEERING SERVICES
ASSOCIATED WITH THE WALNUT STREET PROJECT. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Owens made the motion, seconded by Councilmember Tetens, to approve
Resolution No. R2002-98.
City Manager, Bill Eisen, stated this item is to add the Walnut Street project to the scope of
work that Turner, Collie & Braden has. The intent of adding it at this time is to accelerate
the project so that it can be finished prior to beginning construction on the Magnolia Street
overpass project. This would be a viable and much more efficient alternative when
Page 11 of 15 — 6/24/2002
126
Magnolia Street is under construction.
Discussion took place between Council and a representative of Turner, Collie and Braden
regarding the timeline and cost estimate of this project.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — REGARDING PROPOSED CHARTER AMENDMENTS. Mr. Darrin
Coker, City Attorney.
Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Owens, to receive
into the record the Charter Review Commission report.
City Manager, Bill Eisen, stated if Council wishes to include these charter amendments on
the September 14, 2002, ballot, the election has to be called no later than July 8, 2002.
City Attorney, Darrin Coker, stated there are four proposed amendments. Amendment
number one would create voting districts within the City. It would create four districts with
one at -large position and the Mayor position. The Charter Commission reconvened and
changed the wording so the amendments would not take place until three years after the
Charter amendments are adopted. This was done so that none of the Councilmembers
currently serving would have their terms affected by this amendment. The first election
would be the Mayor's race and the at -large position with the district positions being voted
on in the next two elections -after that. Amendment number two would clarify whom the
City Attorney answers to. Amendment number three deals with personal interest in City
contracts. Amendment number four deals with the Charter Review Commission and how
often they are required to convene. Currently, Council must appoint a Charter Review
Commission in January of each odd number year. This amendment would allow the
Charter Review Commission to be convened once every four years but could also be
convened at any time between those four years. State law requires that the charter not be
amended more often than once every two years.
The City Attorney and Council discussed details of the proposed amendments.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Page 12 of 15 — 6/24/2002
Motion Passed 5 to 0.
127
COUNCIL ACTION - RESOLUTION NO. 2002-99 — 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 C. L. DAVIS, FOR
SURVEYING SERVICES ASSOCIATED WITH THE PREPARATION OF LEGAL
DESCRIPTIONS OF PROPOSED ANNEXATIONS. Mr. Bill Eisen, City Manager.
Councilmember Seeger made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2002-99.
City Manager, Bill Eisen, stated that Staff has been talking with representatives of five of
the six Municipal Utility Districts located in Pearland's extraterritorial jurisdiction to enter
into Strategic Partnership Agreements. Part of the content of those agreements would be
that the City would move forward through an annexation process this year but the effective
date of that annexation process would be at some point in the future. Those dates would
vary by Municipal Utility District and would be the result of negotiations and other things
that are ongoing at this time. To meet the necessary requirements to be complete by the
end of the year it is necessary to have the legal description of each of those MOD's
available in the next two months. The recommendation is to employ the firm of C.L. Davis
to prepare those legal descriptions. "
Brief discussion took place between Council and Staff regarding details of this contract.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. 2002-104 — 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 BELAIRE ENVIRONMENTAL,
INC., FOR WETLANDS MITIGATION DESIGN SERVICES ASSOCIATED WITH THE
PEARLAND PARKWAY PROJECT. Mr. Bill Eisen, City Manager.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Owens, to approve
Resolution No. R2002-104.
City Manager, Bill Eisen, stated part of the Pearland Parkway project is in areas currently
designated as wetlands. As required by federal law, the City is required to establish
wetlands in a different location to offset the loss of any wetlands. In some cases the City is
Page 13 of 15 - 6/24/2002
required to offset the amount of wetlands by a 3 to 1 ratio which means more wetlands will
exist after it is done than exist today.
The City Manager and Council discussed the proposed wetland relocation.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 10:15 p.m. to
discuss the following:.
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.074 - PERSONNEL MATTERS - REGARDING
APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION.
City Council.
2. SECTION 551.074 - PERSONNEL MATTERS - REGARDING
APPOINTMENTS TO THE PEARLAND ECONOMIC DEVELOPMENT
CORPORATION BOARD OF DIRECTORS. City Council.
3. SECTION 551.074 - PERSONNEL MATTERS — REGARDING
APPOINTMENTS TO THE ZONING BOARD OF ADJUSTMENTS. City
Council.
Council returned from Executive Session at 11:10 p.m.
NEW BUSINESS (CONTINUED):
COUNCIL ACTION - REGARDING APPOINTMENTS TO THE PLANNING AND ZONING
COMMISSION. City Council.
No Council action taken.
Page 14 of 15 — 6/24/2002
129
COUNCIL ACTION - REGARDING APPOINTMENTS TO THE PEARLAND ECONOMIC
DEVELOPMENT CORPORATION BOARD OF DIRECTORS. City Council.
No Council action taken.
COUNCIL ACTION - REGARDING APPOINTMENTS TO THE ZONING BOARD OF
ADJUSTMENTS. City Council.
No Council action taken.
ADJOURNMENT
Meeting was adjourned at 11:11 p.m.
Minutes approved as submitted and/or corrected this the 8 day of July , 2002.
ATTEST:
Tom Reid
Mayor
Page 15 of 15 — 6/24/2002
130
THIS PAGE LEFT INTENTIONALLY BLANK