2003-01-13 CITY COUNCIL REGULAR MEETING MINUTES209
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON JANUARY 13, 2003, 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: Deputy City Manager Alan Mueller; Executive Director of
Community Services Tobin Maples; J.C. Doyle Chief of Police; John Hargrove City
Engineer; Public Affairs Liaison Lynn Munford; Public Works Director Jerry Burns;
Purchasing Officer Gordon Island.
The invocation was given by Councilmember Viktorin and the Pledge of Allegiance was
led by J.C. Doyle Chief of Police.
MAYOR'S ACTIVITY REPORT
Passed.
COUNCIL ACTIVITY REPORTS
Councilmembers Tetens, Viktorin, Owens, and Seeger passed.
Councilmember Marcott stated he attended the Winterfest and the Parks Department
did a marvelous job with the festival.
CITY MANAGER'S REPORT
City Manager, Bill Eisen, stated he attended the Planning Retreat at the Pearland
College Center on January 11, 2003. Mr. Eisen stated during the retreat issues
regarding the goals for the City were discussed for the upcoming year. He commented
on the Texas Municipal Clerks Certification Program and stated the City Secretary
Young Lorfing received his certification on January 10, 2003.
Page 1 of 11— 1 /13/2003
CITIZENS
Randy McCullough, 4401 Orange, addressed Council and stated he has concerns
regarding the Wrecker Ordinance. He stated he has had some problems with his
wrecker tags being removed from his vehicles by the City, and also expressed concerns
regarding the wrecker dispatch rotation list.
Ben Best, 2414 South Park, addressed Council and reviewed the wrecker rotation list
for the Pearland Police Department. Mr. Best stated he represents Randy McCullough
and his entities providing emergency wrecker service for the City. He stated Mr.
McCullough's wreckers E -tags were taken by the Fire Marshall. He further stated the
tags do not expire until January 31, 2003 and they should have only been taken if the
registration or inspection was out of date or expired. He stated that even though some
of the trucks were expired the rotation list should not be involved.
Susan McCullough, 4401 Orange, addressed Council and stated her husband Randy
McCullough has been in the wrecker service for approximately 15 years. She stated the
spots he currently has are legal and he has worked very hard for those spots. She
further stated she feels that the decision to take the rotation spots from them is not fair.
Michael Klaus, 5016 Groveton, addressed Council and stated he appreciate the time
and hard work of Council during January 11 th Council Retreat. He stated the bond
issues have been taken care of very well. Mr. Klaus stated there are two items he
wants to address concerning Pearland. The first is what Pearland should look like and
a master plan should be established. The second is the City's drinking water source
and supply and for the future.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES:
1. Minutes of the October 23, 2002, Joint Public Hearing held at 6:30 p.m.
2. Minutes of the October 24, 2002, Joint Public Hearing held at 7:00 p.m.
3. Minutes of the October 29, 2002, Public Hearing held at 6:30 p.m.
4. Minutes of the December 9, 2002, Regular Council Meeting held at 7:00 p.m.
5. Minutes of the December 9, 2002, Regular Council Meeting held at 7:30 p.m.
6. Minutes of the December 2, 2002, Special Council Meeting held at 6:30 p.m.
7. Minutes of the December 16, 2002, Special Council Meeting held at 7:00 p.m.
8. Minutes of the December 16, 2002, Special Council Meeting held at 7:30 p.m.
Page 2 of 11— 1/13/2003
211
r B. CONSIDERATION AND POSSIBLE ACTION — EXCUSE ABSENCE OF
COUNCILMEMBER KLAUS SEEGER FROM THE REGULAR MEETINGS HELD
ON DECEMBER 9, 2002 AT 7:00 P.M. AND 7:30 P.M. City Council.
C. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING
OF ORDINANCE NO. 1092 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, ESTABLISHING AND REESTABLISHING
PRIMA FACIE SPEED LIMITS PURSUANT TO SECTION 545.356, TEXAS
TRANSPORTATION CODE, UPON THE BASIS OF AN ENGINEERING AND
TRAFFIC INVESTIGATION, UPON PEARLAND PARKWAY, OR PARTS
THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND,
AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY FOR
VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE
AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION,
CODIFICATION AND AN EFFECTIVE DATE; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO REGULATE THE SPEED LIMIT IN
THIS AREA INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND
WELFARE OF THE CITIZENRY. Mr. Darrin Coker, City Attorney.
D. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING
OF ORDINANCE NO. 1093 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, ESTABLISHING AND REESTABLISHING
PRIMA FACIE SPEED LIMITS PURSUANT TO SECTION 545.356, TEXAS
TRANSPORTATION CODE, UPON THE BASIS OF AN ENGINEERING AND
TRAFFIC INVESTIGATION, UPON PEARLAND PARKWAY AND OILER DRIVE,
OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF
PEARLAND, AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY
FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION,
CODIFICATION AND AN EFFECTIVE DATE; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO REGULATE THE SPEED LIMIT IN
THIS AREA INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND
WELFARE OF THE CITIZENRY. Mr. Darrin Coker, City Attorney.
E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-1 -
WHEREAS CITY OF PEARLAND IS A LOCAL GOVERNMENT OR STATE
AGENCY OF THE STATE OF TEXAS AND IS EMPOWERED TO DELEGATE
TO THE PUBLIC FUNDS INVESTMENT POOLS THE AUTHORITY TO INVEST
FUNDS AND TO ACT AS CUSTODIAN OF INVESTMENTS PURCHASED
WITH LOCAL INVESTMENT FUNDS AMEND TEX POOL REPRESENTATIVES.
Mr. Bill Eisen, City Manager.
Page 3 of 11— 1/13/2003
F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-5 -
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 HARRIS COUNTY FOR
RENEWAL OF A RADIO COMMUNICATIONS AGREEMENT. Mr. Darrin Coker,
City Attorney.
Councilmember Marcott asked that Consent Agenda Items C and D be removed from
the Consent Agenda for further discussion.
Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to
adopt Consent Agenda Items A through I, with the exception of items C and D, as
presented on the Consent Agenda.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
C. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING
OF ORDINANCE NO. 1092 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, ESTABLISHING AND REESTABLISHING
PRIMA FACIE SPEED LIMITS PURSUANT TO SECTION 545.356, TEXAS
TRANSPORTATION CODE, UPON THE BASIS OF AN ENGINEERING AND
TRAFFIC INVESTIGATION, UPON PEARLAND PARKWAY, OR PARTS
THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND,
AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY FOR
VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE
AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION,
CODIFICATION AND AN EFFECTIVE DATE; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO REGULATE THE SPEED LIMIT IN
THIS AREA INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND
WELFARE OF THE CITIZENRY. Mr. Darrin Coker, City Attorney.
Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to
adopt Consent Agenda Item C, as presented on the Consent Agenda.
City Manager, Bill Eisen, stated the item designates a speeding zone for Eagle Heights
Page 4 of 11— 1/13/2003
213
Christian Academy, which is associated with the Baptist Church located on Pearland
Parkway.
Councilmember Marcott stated he understands the need for school zones where
children are present. He stated he is concerned about the school zone being. on the
major thoroughfares. Councilmember Marcott stated Pearland Parkway has other
schools, which would also have speed zones. He further stated this issue should be
researched further regarding a study being done on the traffic on the streets and the
number of children in the school area.
A brief discussion ensued among Council and Staff regarding other schools in the area,
speed zones, and mobility issues.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
D. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING
OF ORDINANCE NO. 1093 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, ESTABLISHING AND REESTABLISHING
PRIMA FACIE SPEED LIMITS PURSUANT TO SECTION 545.356, TEXAS
TRANSPORTATION CODE, UPON THE BASIS OF AN ENGINEERING AND
TRAFFIC INVESTIGATION, UPON PEARLAND PARKWAY AND OILER DRIVE,
OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF
PEARLAND, AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY
FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION,
CODIFICATION AND AN EFFECTIVE DATE; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO REGULATE THE SPEED LIMIT IN
THIS AREA INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND
WELFARE OF THE CITIZENRY. Mr. Darrin Coker, City Attorney.
Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to
adopt Consent Agenda Item D, as presented on the Consent Agenda.
City Manager, Bill Eisen, stated the item is related to the previous item C.
Councilmember Marcott stated he is concerned about the same issues addressed in the
previous item C.
Page 5 of 11— 1/13/2003
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
NEW BUSINESS
COUNCIL ACTION — REMOVE FROM TABLE ORDINANCE NO. 509-623.
City Council.
Councilmember Viktorin made the motion, seconded by Councilmember Tetens, to
remove Ordinance No. 509-623 from the table.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
SECONDHAND FINAL READING OF ORDINANCE NO. 509-623 - 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 THE NORTH 80 FEET OF LOT 1 AND
LOT 12, BLOCK G, PEARLAND TOWNSITE, ACCORDING TO THE MAP OR PLAT
RECORDED IN VOLUME 29, PAGE 41, OF THE DEED RECORDS OF BRAZORIA
COUNTY, TEXAS (SPECIFIC USE APPLICATION NO. 120) (ORANGE STREET,
BETWEEN GRAND AVENUE AND PARK AVENUE) FROM CLASSIFICATION GENERAL
BUSINESS DISTRICT (GB) TO GENERAL BUSINESS DISTRICT (GB) SPECIFIC USE
(GB(S)) FOR A TWO-FAMILY DWELLING (DUPLEX) ON EACH LOT WITH THE
STIPULATION IF CONSTRUCTION IS NOT STARTED WITHIN TWO YEARS OF
RECEIVING THIS SPECIFIC USE PERMIT BY CITY COUNCIL THEN THE SPECIFIC
USE PERMIT WOULD EXPIRE AT THE REQUEST OF SAENZ DEVELOPMENT, AGENT
FOR TOMMY S. DAWSON, 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 Mayor pro -Tem Owens, to table
Ordinance No. 509-623 (Specific Use Application No. 120), with the requirement that
the developer provides additional information.
City Manager, Bill Eisen, stated the citizens had concerns regarding the sanitary sewer
Page 6 of 11— 1/13/2003
215
service and drainage. Mr. Eisen stated the staff did look into those issues and the
report states there are some problems occurring with the sewer and drainage.
Deputy City Manager, Alan Mueller, stated the zoning change should not be conditioned
upon the drainage issues. Mr. Mueller stated a permit could still be issued for this
property and then the drainage issues would need to be addressed.
Alma Nolen, 2106 Galveston, addressed Council and stated she has spoken previously
regarding the problems with the drainage. She stated she feels this issue should be
considered before considering the approval of the ordinance.
Kenneth Carter, 3607 East Orange, addressed Council and stated he has concerns
regarding the trees and the exiting area for the property.
Lengthy discussion ensued between Council and Staff regarding a traffic analysis for
the area and information regarding the specifics of the proposed duplexes.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-631 - 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 11.64 ACRES, BEING A
PORTION OF LOT 178, ZYCHLINSKI SUBDIVISION, SECTION 28, H.T. & B.R.R.
COMPANY SURVEY, ABSTRACT 551, BRAZORIA COUNTY, TEXAS (APPLICATION
NO. 1073) (4501 DIXIE FARM ROAD) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE
REQUEST OF, STEVE ROBINSON, AGENT FOR JESSE G. ZAMARRON, 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 Marcott made the motion, seconded by Councilmember Tetens, to
table Ordinance No. 509-631 (Application No. 1073) until further notice, having the
property owner attend the next meeting.
Page 7 of 11— 1/13/2003
City Manger, Bill Eisen, stated the applicant had prematurely occupied the property and
there has been concerns regarding that issue. He stated some action has taken place
regarding the applicant vacating the property. Mr. Eisen stated the property has not
been completely vacated and the issues would be addressed.
Tobin Maples, Executive Director of Community Services, stated the residents are
currently moving out of the property.
City Attorney, Darrin Coker, stated the City has addressed the tenant and the owner.
He stated a lot of the barrels have been moved to a new facility.
Councilmember Marcott stated the owner would need to be present at the next meeting
in order to explain the City's ordinance regarding the situation.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1091 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, REVISING THE CAPITAL
IMPROVEMENTS PLAN FOR THE CITY OF PEARLAND; UPDATING IMPACT FEES
IN ACCORDANCE WITH STATE LAW; MAKING CERTAIN FINDINGS; PROVIDING A
PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION,
CODIFICATION AND AN EFFECTIVE DATE. Mr. Alan Mueller, Deputy City Manager.
Councilmember Marcott made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 1091 on its first reading.
City Manager, Bill Eisen, stated this ordinance is updates the Impact Fees, fees
charged on a new development. He stated in most of the City's Impact Fee will be
approximately $3,496 and Shadow Creek Ranch will be approximately $2,672.
Michael Klaus, 5016 Groveton, addressed Council and stated he wants a land owner or
property owner to come in and provide the City suitable information and be able to
choose to prorate their costs regarding the Impact Fees. He stated paying 50% and or
choosing to prorate may be beneficial for certain citizens and this choice should stay
available.
Councilmember Viktorin briefly stated the reasons he is not in favor of Impact Fees.
Page 8 of 11— 1/13/2003
217
—^ A brief discussion ensued among Council and Staff regarding the proposed Impact
Fees.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Seeger.
Voting "No" Viktorin.
Motion Passed 4 to 1.
COUNCIL ACTION — RESOLUTION NO. R2003-2 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A LANDSCAPING
MAINTENANCE AGREEMENT ASSOCIATED WITH THE MAINTENANCE OF
PROPERTIES PURCHASED THROUGH THE FEMA BUYOUT PROGRAM. Mr. Darrin
Coker, City Attorney.
Councilmember Seeger made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2003-2.
City Manager, Bill Eisen, stated that Harris County has agreements they have entered
into with property owners regarding vacant property that has been part of a buy-out
program that was affected by the flooding a few years ago. He stated this proposed
Resolution is similar and it will provide for the maintenance and use of the vacant
property by interested property owners.
Discussion ensued among Council and Staff regarding the use and maintenance of the
vacant property as a result of the recent buy-outs.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. 2003-4 - 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 ROGERS MIDDLE SCHOOL. Mr. Darrin Coker, City Attorney.
This item was passed with no Council action taken.
COUNCIL ACTION — NAMING OF PARK ON GRAND BLVD. Mr. Bill Eisen, City
Manager.
Page 9 of 11— 1/13/2003
z13
Councilmember Tetens made the motion, seconded by Councilmember Marcott, to
approve naming of park on Grand Boulevard to Zychinski Olde Towne Park as
amended.
City Manager, Bill Eisen, stated the Parks Board has recommended Zychinski Olde
Towne Park acknowledging the Founder of the Community and the old town site in
which it is located.
Brief discussion ensued among Council and Staff regarding the naming of the park on
Grand Blvd.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2003-3 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE ACQUISITION
OF RIGHT-OF-WAY FOR PEARLAND PARKWAY. Mr. Alan Mueller, Deputy City
Manager.
Councilmember Viktorin made the motion, seconded by Mayor Owens, to approve
Resolution No. R2003-3.
City Manager, Bill Eisen, stated the developer is constructing a new subdivision on the
southern end of Pearland Parkway under the terms of the City's development codes.
He stated as a result of the codes the requirement of a constructed right—of—way will
need to take place. Mr. Eisen further stated the City needs to acquire the necessary
property from the owner. The cost would be approximately $18,000 per acre, totaling
$55,751. Mr. Eisen stated he recommends the City move forward.
Discussion ensued among Council and Staff regarding the development of the property
and the proposed right-of-way.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS: None
Page 10 of 11— 1/13/2003
ADJOURNMENT
219.
Meeting was adjourned at 9:05 p.m.
Minutes approved as submitted and/or corrected this 27th day of January A.D., 2003.
Tom Reid
Mayor
ATTEST:
Page 11 of 11— 1/13/2003