2004-03-08 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MARCH 8, 2004, 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
Richard Tetens
Woody Owens
Charles Viktorin
Woody Owens
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; Fire Chief Paul Jamison;
City Engineer Doug Kneupper; Public Affairs Liaison Lynn Munford; Director of Finance
Andrea Jason; Parks & Recreation Director Thomas Grieve; Public Works Director Jerry
Burns; EMS Director Jeff Sundseth.
The invocation was given by Councilmember Viktorin, and the Pledge of Allegiance was
led by Police Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid and City Manager Bill Eisen presented a Certificate of Achievement to
Director of Finance Andrea Jason for "Excellence in Financial Reporting." Mr. Eisen
stated this is the 23rd consecutive year the City of Pearland has received the award.
The Governor of Finance Office Association presented the award to the City. He stated
the City's financial statements are reviewed by a number of field experts. Mr. Eisen
stated the award is now presented to the Director of Finance and the employees within
the Finance Department.
Mayor Reid stated he is very proud of the Finance Department, and they earned the
award the old-fashioned way by working hard. He stated the auditors that review the
financial statements are from all over the nation. They are top in their fields and review
all of the Cities throughout the nation.
Mayor Reid reported on February 25 he attended a SH 35 Engineering Study Meeting;
February 26 he attended the Houston, Mayor White, State of the City Report; February
27 he attended the Transportation Policy Council Board of Directors Meeting; February
28 he attended the Council Retreat; February 29 he attended the Troop 483 Eagle
Scout Court of Honor; March 1 he met with a developer and attended the Brazos River
Page 1 of 17 — 3/8/2004
Authority Information Briefing, an Agenda Meeting, the School District Education
Improvement Committee Meeting, and a Council Workshop; March 2 he attended the
Transportation Policy Council/Federal Highway Adm. Telcom.; March 3 he attended the
Mayor's Scouting Breakfast, Pearland College Workforce Luncheon, and Project
Briefing with Brazoria County Drainage District No. 4 — Commissioner Davis; March 4
he spoke to the Pace School Assembly, attended a Pearland Arts League Board
Meeting, a Southeast Shrine Club Meeting, a Chamber Before Business Breakfast, and
a meeting with Robbie Gill — YMCA Director.
COUNCIL ACTIVITY REPORTS
Mayor Pro -Tem Tetens passed.
Councilmember Viktorin stated the Pearland Arts League will have an event taking
place on May 1, 2004, from 10:00 am to 12:00 pm. The location is North Grand
Boulevard. This will be an event for the understanding and appreciation for the Arts
within Pearland. He stated the Annual Council Retreat with City Staff went very well,
and it was extremely productive in focusing on the goals for the upcoming year.
Councilmember Owens passed.
Councilmember Marcott reported he attended the Reception for Gary Trietsch, Area
Engineer for TxDOT at NASA. He stated Richard Tetens, Councilmember; Alan
Mueller, Deputy City Manager; Carol Artz, Pearland Chamber of Commerce; and Gary
Idoux, Pearland Chamber of Commerce attended the reception as well. He reported he
and Councilmember Tetens attended a Clear Creek Presentation given by the Corps of
Engineers at Friendswood. He also attended an additional Clear Creek Meeting in
League City. He stated the effort is to build partnerships with other Cities.
Councilmember Seeger passed.
CITY MANAGER'S REPORT
City Manager, Bill Eisen, passed.
CITIZENS:
C.D. Anderson, 3215 Jacquelyn Drive, addressed Council and stated he has lived in
Pearland for 37 years. He stated his concerns regarding the bus barn and it being a
light industrial facility in the middle of a residential neighborhood. Mr. Anderson stated
additional concerns regarding the Bailey/CR 101 extension. He stated it is currently
over two years since the extension was approved, and he has concerns regarding the
voters' decision made during the bond election.
Page 2 of 17 — 3/8/2004
Michael Klaus, 5016 Groveton, addressed Council and stated he attended the Clear
Creek Meeting in League City. He asked Council to clarify the current population data
for the Corps of Engineers. He stated there are some growth discrepancies that need
clarification. This information should be corrected due to any future funding for the
area. He gave some additional comments regarding the funding criteria for the Texas
Water Development Board and Federal Emergency Management Agency. He asked
Council to be very aggressive with their approach and not wait on the Corps of
Engineers to move forward in protecting the citizens of Pearland.
Mark McClure, 9324 Hughes Ranch Road, addressed Council and stated he built a
house at his current residence. He was informed a sidewalk would need to be put in
before closing on the house. He stated he has concerns regarding the sidewalk. He
was able to close on the house with a temporary permit, but he is still concerned about
who is responsible for the sidewalk. He stated there are no sidewalks present for the
neighboring homes in his residence. He stated in addition, there are no current plans
for future sidewalks on the neighboring residences. Mr. McClure attempted to get a
variance and was turned down. He received information regarding paying a fee to the
City for the sidewalk and it would be covered. He would no longer be responsible for
building a sidewalk once the feeds paid. Mr. McClure stated he has questions regarding
the recourse on any funding submitted to the City for the purposes of building a future
sidewalk and the placement of the sidewalk.
Richard Keschinger, 2011 Sleepy Hollow Drive, addressed Council and stated he has
concerns regarding the Barry Rose Project, Yost Road Project, and Bailey Road/Oiler
Drive Project. His concerns are the budgeted amounts for the projects costing the City
over $90 million. Mr. Keshinger stated due to possible road closures, bonuses or
penalties should be included in the projects.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES:
1. Minutes of the February 23, 2004, Regular Council Meeting held at 7:30
p.m.
B. CONSIDERATION AND POSSIBLE ACTION — EXCUSE ABSENCE OF
MAYOR TOM REID FROM THE REGULAR MEETING HELD ON FEBRUARY
23, 2004. City Council.
C. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE
OF SHADOW CREEK RANCH SF -17.
Mr. Doug Kneupper, City Engineer.
Page 3 of 17 — 3/8/2004
Councilmember Viktorin made the motion, seconded by Councilmember Owens, to
adopt Consent Agenda Items A through C as presented on the Consent Agenda.
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
None
NEW BUSINESS
COUNCIL ACTION — REMOVE FROM TABLE RESOLUTION NO. R2004-6.
City Council.
Item passed with no Council action taken.
FIRST READING OF ORDINANCE NO. 509-696 — 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 65.4324 ACRES BEING ALL OF
LOTS 1, 2, AND 3 OF PEARLAND INDUSTRIAL PARK SUBDIVISION AS RECORDED
IN VOLUME 16, PAGE 171, OF THE MAP RECORDS OF BRAZORIA COUNTY,
TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF VETERANS DRIVE, ON
THE WEST SIDE OF THE RAILROAD, AND SOUTH OF WALNUT STREET)
(APPLICATION NO. 1152) FROM CLASSIFICATION LIGHT INDUSTRIAL DISTRICT
(M-1) TO PLANNED UNIT DEVELOPMENT (PUD) AT THE REQUEST OF KEVIN
PRICE, AGENT FOR JOHN A. SAGE, 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 Owens made the motion, seconded by Councilmember Viktorin, to
approve Ordinance No. 509-696 on its first reading.
Mayor Reid read into the record the Planning and Zoning Commission's
recommendation to deny Application No. 1152.
City Manager, Bill Eisen, stated this is a property located on Veteran's Drive, South of
the Pearland Police Facility. The proposed zoning would allow the construction of
Page 4 of 17 — 3/8/2004
approximately 130 single family lots. He stated the voting from the Planning & Zoning
Commission was a tie, and four votes from the City Council would be required to
overturn the Planning & Zoning Commission and approve the zone change.
Darryl Davis, 4701 Sebastopol Drive, addressed Council and stated he has Lived in the
Pearland area for only four months. He stated as a resident of the Parks of Walnut
Bend, the decision regarding the zone change would impact his community. He stated
the 65 acres should be used to build a new police station. The property is adjacent to
the current police station and it may be needed for future staffing due to Pearland
growth. Mr. Davis stated his community feels very safe having the police near the
subdivision. He further stated the developers should modify the plan to reduce the
health and safety risk of the lots near the railroad tracks. He gave additional comments
regarding a possible chemical spillage and increased noise pollution.
Michael Klaus, 5016 Groveton, addressed Council and stated during the workshop, the
developer conducted with Council, the suggestion of a mixed-use development was
made. Mr. Klaus stated there are enough subdivisions in the area. He stated the smell
of wood and diesel burning should be voiced to the neighbors. Mr. Klaus stated this
development would also affect the flow in Mary's Creek. The area would not be safe for
residents who will live on the property due to possible chemical spills.
Kevin Price, 311 North Shadowbend Avenue, addressed Council and stated this
application comes before Council with the recommendation of the City Staff and the
Pearland Economic Development Corporation. He stated during the last presentation to
Council, there were several issues addressed. Those issues were trees, fences, and
building lines. He stated Pine trees in the area will be replaced with Parkwood trees; a
permanent fence will be built along the Police Station boundary constructed of steel
posts, aluminum girth, and concrete board slats, and the set -backs for the building lines
are in compliance with the rules set in the City Ordinances. He asked Council to
consider that only less than half of the tract can be utilized. Mr. Price stated the existing
vegetation in the drainage ditch could be used to buffer the noise. The only change
would be to reroute the drainage path into the property's detention facility. A birm could
be utilized as well to buffer the noise. There are numerous benefits to the City with the
proposed development. Two of the benefits are more detention and new drainage for
the Police Department. He stated the developer has met and exceeded all regulations
and Ordinances. The plan has been revised to accommodate the issues.
Mayor Reid stated the developer has conformed to the Ordinances and incorporated
comments and preferences indicated by the Planning & Zoning Commission and
Council. He stated the property is a difficult property to develop. The development
would be beneficial for the Police Department drainage issues.
Councilmember Tetens stated he objected to the set back requirements during the
Public Hearing held regarding the proposed development. He stated upon further
clarification of the Ordinance he realized the developer was meeting the Ordinance
Page 5 of 17 — 3/8/2004
requirements, and he no longer objects. He also objected to the proposed fence next to
the police station. Changes have been made to the building of the fence, and he no
longer has concerns or objections for the proposed development.
Councilmember Owens stated he feels the same as the Mayor regarding the proposed
development. The developer has gone far and beyond the requirements. All the
obligations stated by the City were additionally met. He stated his concern was also
addressed and met.
Councilmember Seeger stated the developer has covered everything, and he does not
see a reason for not supporting the proposed development.
Councilmember Marcott stated the Fire Chief had some valid points of concern
regarding the training conducted by the Fire and Police Department. He stated the
citizens should be told ahead of time about the area before moving in. He stated the
fence was improved, and he thinks that was good due to the future safety factors. He
further stated he has mixed feelings regarding the proposed development because of
the near railroad tracks.
A brief discussion ensued among Council and Staff regarding the training conducted in
the area of the proposed development.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-697 — 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 3.00 ACRES BEING PART OF
LOT 178. ZYCHLINSKI SUBDIVISION OF SECTION 28, H.T. & B.R.R. COMPANY
SURVEY, ABSTRACT 551, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED
ON THE EAST SIDE OF DIXIE FARM ROAD, NORTH OF THE INTERSECTION OF
DIXIE FARM ROAD AND STATE HIGHWAY 35) (APPLICATION NO. 1139) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT
INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF ENRIQUE GUZMAN, 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.
Page 6 of 17 — 3/8/2004
Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 509-697 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 1139.
City Manager, Bill Eisen, stated the purpose of the application is for the construction of
a reception hall.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-698 — 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 18.75 ACRES, OUT OF THE
NORTHEAST ONE-FOURTH OF THE SOUTHWEST ONE-FOURTH AND THE
NORTH ONE-HALF OF THE SOUTHEAST ONE-FOURTH IN SECTION 15, H.T. &
B.R.R. COMPANY SURVEY, ABSTRACT NO. 241, IN BRAZORIA COUNTY, TEXAS
(LOCATED AT 6618 FITE ROAD) (SPECIFIC USE APPLICATION NO. 130) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SUBURBAN
DEVELOPMENT - SPECIFIC USE (SD(S)) AT THE REQUEST OF JACK MCGUFF,
JR., AIA, AGENT FOR PEARLAND AREA DAD'S CLUB, 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 Mayor Pro -Tem Tetens, to
approve Ordinance No. 509-698 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 130.
City Manager, Bill Eisen, stated this is property currently owned by the Dad's Club on
Fite Road. The property was originally developed outside the City and has never been
zoned. The owner would like to add a restroom to the facility. In order to obtain
building permits, the property needs to be properly zoned.
Councilmember Marcott asked if impact fees apply to the property.
Page 7 of 17 — 3/8/2004
Executive Director of Community Services, Tobin Maples, stated impact fees would only
apply if the owners were removing the existing facility and rebuilding. The owners are
only adding to the current facility.
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-699 — 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 4.9266 ACRES, SITUATED IN
LOT 52 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION,
SECTION 20, OF THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 506,
BRAZORIA COUNTY, TEXAS (LOCATED AT THE NORTHWEST CORNER OF
CULLEN BOULEVARD AND COUNTY ROAD 403 (HUGHES RANCH ROAD))
(APPLICATION NO. 1141) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF TOM
KUNTHARA, AGENT FOR HOUSTON BUSINESS INVESTMENTS, 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 Seeger made the motion, seconded by Mayor Pro -Tem Tetens, to
approve Ordinance No. 509-699 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 1141.
Councilmember Marcott asked if something could be done about the light pollution.
Executive Director of Community Services, Tobin Maples, stated there are some
regulations in the Subdivision Ordinance regarding lights.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
Page 8 of 17 — 3/8/2004
FIRST READING OF ORDINANCE NO. 509-700 — 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 LOTS 38, 39, 40, AND 41,
BLOCK 16, PEARLAND TOWNSITE (WEST SIDE OF WASHINGTON AVENUE, AND
NORTH OF BROADWAY STREET) (APPLICATION N0. 1150) FROM
CLASSIFICATION MULTI -FAMILY DISTRICT (MF) TO SINGLE FAMILY DWELLING
DISTRICT (R-1) AT THE REQUEST OF JACK MCGUFF, JR., AIA, AGENT FOR
DIANA LECLERE, 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. 509-701 — 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 LOTS 42, 43, AND 44, BLOCK
16, PEARLAND TOWNSITE (WEST SIDE OF WASHINGTON AVENUE, AND NORTH
OF BROADWAY STREET) (APPLICATION NO. 1151) FROM CLASSIFICATION
MULTI -FAMILY DISTRICT (MF) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT
THE REQUEST OF JACK MCGUFF, JR., AIA, AGENT FOR SHANE NIXON, 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. 509-702 — 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 1.00 ACRES OUT OF AN 11.88
ACRE TRACT OUT OF TRACT 1-C OF THE W. W. STONE PARTITION OUT OF
TRACT 1 OF THE W. T. DOBSON SURVEY, ABSTRACT 187, BRAZORIA COUNTY,
TEXAS (LOCATED AT 1610 STONE ROAD) (APPLICATION NO. 1148) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-1) AT THE REQUEST OF VITOR GRAVE, 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.
Page 9 of 17 — 3/8/2004
FIRST READING OF ORDINANCE NO. 509-703 — 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 0.7849 ACRES, SITUATED IN
THE J. W. MAXEY SURVEY, ABSTRACT 721, BRAZORIA COUNTY, TEXAS
(LOCATED AT 3618 WEST STERLING DRIVE) (APPLICATION NO. 1149) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-1) AT THE REQUEST OF TAN-VINH THAI 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 Ordinances No. 509-700, 509-701, 509-702, and 509-703 on the first readings.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Applications No. 1150, 1151, 1148, and 1149.
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 943-8 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING FIGURE 7.2, 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.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to
approve Ordinance No. 943-8 on its first reading.
City Manager, Bill Eisen, stated the proposed change relates to the extension of FM 518
West of SH 22, designated as CR 92. The current thoroughfare plan provides for a
hundred feet of right-of-way in the eventual construction of a four lane dividing facility.
In order to match what is currently in the thoroughfare plan on the east side of SH 288,
the proposed, at this point, is for a modification to the major thoroughfare. The
modification would consist of 120 feet of right-of-way, eventually a six lane dividing
facility.
Page 10 of 17 — 3/8/2004
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1156 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ARTICLE II, OF
CHAPTER 28, "TAXATION" OF THE PEARLAND CODE OF ORDINANCES, BY
ADDING SECTION 28.1.2 RELATING TO AN AD VALOREM TAX FREEZE FOR
RESIDENTIAL HOMESTEAD PROPERTY OWNERS WHO ARE DISABLED OR 65
YEARS OF AGE OR OLDER; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Owens, to table
Ordinance No. 1156 on its first reading for further consideration later in the year due to
a possible Special Legislative Session. The following represents the discussion that
took place prior to the motion to table:
Councilmember Tetens stated the Ordinance would not go into effect until 2005
regardless of any current Council decisions. Council should wait before making a
decision.
Mayor Reid stated the decision is not reversible, and he believes the citizens should be
informed regarding the Ordinance. He stated a Special Legislative Session will be
taking place in the future and would help Council in the decision process.
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2004-38 — 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 COUNTY FOR REPLACEMENT OF THE INDEPENDENCE PARK
BRIDGE. Mr. Bill Eisen, City Manager.
Councilmember Marcott made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2004-38.
City Manager, Bill Eisen, stated this item is the result of a recent TxDOT inspection on
various bridges throughout the City. As a result of the inspection, TxDOT has
Page 11 of 17 — 3/8/2004
suggested Independence Park bridge needs some major repairs. Temporary repairs
have been made to keep the bridge in service. The decision this evening would allow
the City to enter into an agreement with Brazoria Drainage District No. 4 sharing the
cost to replace the bridge. The estimated City's cost would be approximately $50,000 in
materials. The Drainage District will provide all necessary labor including equipment for
completing the project. The bridge would be closed completely during the construction
time period. During that time period, an entry way into the park will be available from
Pearland Parkway.
Councilmember Owens asked for clarification on the estimate Council will be using for
the decision.
Public Works Director, Jerry Burns, stated the Drainage District quoted approximately
$3,000 extra for the materials they need. He stated an additional amount was included
to get a good estimate for the project. The project will start once the lumber has been
ordered and received.
Discussion ensued among Council and Staff regarding the time of repairs made to the
bridge during peak season.
Public Works Director, Jerry Burns, stated some of the wood on the current bridge
looked good from the outside, but was rotten on the inside. The bridge is in bad shape.
Councilmember Marcott asked if the bridge should be closed immediately.
Public Works Director, Jerry Burns, stated the bridge can be used until the lumber is
received. TxDOT stated the bridge is currently alright, but not for an extended period of
use.
Councilmember Owens asked if some additional changes could be made to the bridge,
due to trash backing up during flooding and high water.
Public Works Director, Jerry Burns, stated changes can be made; this is one of the first
bridges built along Mary's Creek. It is an old bridge. There will be changes made to the
bridge including the walk portion beside the bridge.
A discussion ensued among Council and Staff regarding the bridge, walk portion of the
bridge, and future entrances for the park.
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
Page 12 of 17 — 3/8/2004
COUNCIL ACTION — RESOLUTION NO. R2004-36 — 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 QC
LABORATORIES, INC. FOR MATERIALS TESTING SERVICES ASSOCIATED WITH
THE SOUTHEAST WATER PLANT/ELEVATED STORAGE TANK IMPROVEMENTS.
Mr. Bill Eisen, City Manager.
Councilmember Seeger made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2004-36.
City Manager, Bill Eisen, stated Council recently approved two contracts associated
with the construction of the Southeast Water Plant located off of Veteran's Drive. This
item will provide for the necessary materials testing during the construction process.
This will ensure everything is built in conformance with the standards.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2004-37 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE MAGNOLIA DRIVE SEWER
PROJECT. Mr. Bill Eisen, City Manager.
Councilmember Viktorin made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2004-37.
City Manager, Bill Eisen, stated this item was one of the projects specifically outlined in
the recently improved Wastewater Plan for the City. The item consists of a thirty -inch
sanitary sewer line on Magnolia through Veterans to Main. The low bidder is Reliance
Construction Services, and they are being recommended.
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2004-34 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER
NO. 4 FOR SURVEYING AND RIGHT-OF-WAY ACQUISITION SERVICES
ASSOCIATED WITH THE DIXIE FARM ROAD PROJECT. Mr. Bill Eisen, City
Manager.
Page 13 of 17 — 3/8/2004
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to
approve Resolution No. R2004-34.
City Manager, Bill Eisen, stated this is an amendment to an existing contract with
Freese & Nichols, which involves sub -work taking place for acquisition of land
associated with the Dixie Farm Road Project. The additional work is due to property
changing hands in the area. The scope of the work would include any necessary
surveying, metes and bounds descriptions, appraisals, and negotiations for the.
purchasing process.
Councilmember Marcott stated he has some concerns regarding the contract
amendment for the acquisition. Only twenty-two parcels are being changed, and that is
an additional cost of $92,000. Councilmember Marcott asked if any services have been
provided at this time. He also asked about the appraisal of an additional sixty -five
parcels mentioned versus the surveying of twenty-two parcels, and he asked for
clarification on the discrepancies and cost.
Project Director, Joe Wertz, stated there are sixty-seven parcels on Dixie Farm Road.
Sixty-seven have never been contracted for the required second review of the
appraiser's work required by TxDOT. Approximately twenty-two parcels need the
acquisition services, appraisal, and the appraisal review services.
Councilmember Marcott stated there is some confusion regarding the additional
acquisition tract. There is an allowance in the proposal for seven additional parcels to
be created for a total of seventy-two.
Deputy City Manager, Alan Mueller, briefly clarified the additional amount on the
existing parcel, due to more work required under the TxDOT reviews. He stated on all
sixty-five, the amount of $1,050 per parcel change on the existing parcels and also, the
seven additional parcels is requested. This gives the full cost.
Councilmember Marcott stated the information provided is extremely confusing.
Deputy City Manager, Alan Mueller and City Manager, Bill Eisen, briefly summarized the
information provided to Council from Staff and Freese & Nichols.
Discussion ensued among Council and Staff regarding the additional cost and the
amendment to the contract.
Councilmember Owens asked if Dixie Farm Road could be split up into different
sections in the future. He stated that area is changing continuously and Council will
need a status report regarding the City's position.
Page 14 of 17 — 3/8/2004
Project Director, Joe Wertz, stated a Workshop will be provided to Council giving an
update to Council on the Dixie Farm Road Project.
Additional discussion ensued among Council and Staff regarding future work for the
Dixie Farm Road Project and funding for the project.
Voting "Aye Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION – RESOLUTION NO. R2004-39 – A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AND ADOPTING THE
GOALS PROMULGATED DURING THE CITY'S 2004 ANNUAL PLANNING
WORKSHOP. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2004-39.
City Manager, Bill Eisen, stated during the main portion of the Council Retreat, Council
10— prioritized the major goal categories; Council later discussed past goals and various
objectives. All goals and objectives have been prioritized and are included in the
Council Packets. He stated the included list of objectives could be placed in as an
attachment to the Resolution.
A brief discussion ensued among Council and Staff regarding placing the prioritized
goals and objectives, as an attachment, as part of the Resolution. The attachment will
be considered as "Exhibit B" as part of the Resolution.
Alma Nolan, 2106 North Galveston Avenue, addressed Council and stated she visited
with the Austin Area Tourism Department and has some information for Council. She
asked Council to possibly give information to the Tourism Department in order to get
visitors into Pearland. She suggested the Old Town Site be rezoned and changed into
an old type shopping area with sidewalks and walkways for visitors. Ms. Nolan stated
there are a few old buildings left in the Old Town Site, and they most likely would qualify
for the historical register.
Mayor Reid stated he appreciates Ms. Nolan's comments and stated the Old Town Site
is being included into the Pearland Master Plan.
Councilmember Viktorin, stated Goal No. 3, Managing Growth, was amended to read
Managing and Encouraging Specific Growth. He stated the reasoning for the
amendment was due specifically to the discussion mentioned by Ms. Nolan, the Old
Town Site. He stated the development of the Old Town Site is a high priority goal.
Page 15 of 17 – 3/8/2004
Discussion ensued among Council and Staff regarding the goals, objectives, and the
placement of the two, in priority order.
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2004-40 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S
INVESTMENT REPORT FOR THE QUARTER ENDING DECEMBER 2003.
Mr. Bill Eisen, City Manager.
Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Tetens, to
approve Resolution No. R2004-40.
City Manager, Bill Eisen, stated this is an item that requires quarterly review from
Council. The item is a report of the City's current investments. He stated speculations
show that interest rates will most likely increase by the middle of the year. The City's
investments are currently short term. The Investment Committee consists of himself;
Deputy City Manager, Alan Mueller; and Director of Finance, Andrea Jason. They have
reviewed the report and discussed it with the investment advisor. They have approved
the report and recommend the approval of Council.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:38 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.072 — CONSULTATION WITH ATTORNEY:
REGARDING THE ACQUISITION OF LAND FOR CITY
FACILITIES. Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
Page 16 of 17 — 3/8/2004
Council returned from Executive Session at 10:14 p.m.
COUNCIL ACTION — REGARDING THE ACQUISITION OF LAND FOR CITY
FACILITIES. City Council.
No Council action taken.
ADJOURNMENT
Meeting was adjourned at 10:15 p.m.
Minutes approved as submitted and/or corrected this 22nd day of March A.D.,
2004.
Tom Reid
Mayor
ATTEST:
Page 17 of 17 — 3/8/2004