2004-04-12 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON APRIL 12, 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
Tom Reid
Mayor Pro -Tem
Richard Tetens
Councilmember
Woody Owens
Councilmember
Charles Viktorin
Councilmember
Larry Marcott
Councilmember
Klaus Seeger
City Manager
Bill Eisen
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Others in attendance: Deputy City Manager Alan Mueller; Executive Director of
Community Services Tobin Maples; Executive Director of Economic Development
Corporation Fred Welch; Police Chief J.C. Doyle; City Engineer Doug Kneupper; Public
Affairs Liaison Lynn Munford; Project Director Joe Wertz; Administrative Analyst Chris
Kidwell.
The invocation was given by Councilmember Viktorin, and the Pledge of Allegiance was
led by Boy Scout Troop #468 members Trey Boyer, Josh Pack, James Wright.
Mayor Reid and Councilmember Charles Viktorin presented a Proclamation to the
Knights of Columbus in celebrating by proclaiming April 24, 2004, as the "17th Annual
Crawfish Festival Day."
A member of the Knights of Columbus accepted the proclamation and stated this year
the event will be opened to the public. He stated the cost of the meal is twenty dollars
and there are door prizes as well during the event.
Mayor Reid and Councilmember Marcott presented a Proclamation to Police Chief J.C.
Doyle for Crime Victim Services and Support, proclaiming April 18 — 24, 2004, as
"Crime Victims' Rights Week."
Police Chief J.C. Doyle stated the Pearland Police Department Crime Victims' Liaison is
Gina Mendez. He stated Ms. Mendez also serves on the Texas Attorney General
Advisory Council for Crime Victims. She normally would accept the award; however,
she is currently in Austin fulfilling her duties associated with the Advisory Council. He
stated this is a very special time of the year when the City reflects and honors the
victims of crimes. It is a time to reach out to all victims of crime and recognize the often
Page 1 of 26 — 4/12/2004
devastating consequences of crime. It is also a time of year to recognize the people
who believe victims' lives are worth the fight.
Councilmember Marcott Stated Gina Mendez does a very good job. He has spoken to
some of the victims she has assisted, and she does an extremely good job, full of
compassion. She well represents, the City in helping the victims overcome crime.
Police Chief J.C. Doyle stated the City, in the past, had Crime Victims' Liaisons from the
Detective Department doing double duty. Now, Gina Mendez is the first dedicated full
time Crime Victims' Liaison.
Linda Cowles, Executive Director of Keep Pearland Beautiful, gave an update regarding
Keep Pearland Beautiful. She stated a complete audit was done on the Keep Pearland
Beautiful Department. The auditor gave several good compliments regarding Ms.
Fenwick's bookkeeping and records. She stated this shows the Board is interested in a
sound fiscal policy and is willing -to spend a couple thousand dollars to have the audit
done. She stated Household Hazardous Waste Collection Day took place on March 27,
and it was a banner event. Keep Pearland Beautiful is getting the word out and
educating the citizens of Pearland regarding waste collection. She stated 800 cars
showed up for the event and people want to dispose of their waste in a proper manner.
Ms. Cowles stated Keep Pearland Beautiful is a non-profit corporation with one full time
employee and five part-time employees. She asked Council to think about including a
hazardous disposal collection place at the new recycle center. She stated the surveys
from the Hazardous Waste Collection Day showed that people are even willing to pay
fees for disposal services.
Delores Fenwick, Keep Pearland Beautiful, stated the total cost for disposing the
collected hazardous waste materials was $58,996.89. This included a $5,000.00 cost
for trained personnel aiding in the disposal process. 120 volunteers also took part in the
event, and they worked all day. Ms. Fenwick stated from all of the disposed waste,
43.9% will be recycled. She stated there are ways to help offset some of the cost of
hazardous waste disposal. One possible way is an additional dollar on the utility bill and
citizens then could take their household hazardous waste to the new recycle center for
disposal. She stated in other areas, five to six cities participate in sharing the cost for
waste disposal by budgeting a certain amount each year. At the end of the year a
survey is completed and the average cost per household is formulated to determine the
utility rate increase for each city. Ms. Fenwick stated Keep Pearland Beautiful receives
several phone calls regarding proper waste disposal.
Mayor Reid stated the City has a partnership with Keep Pearland Beautiful. He stated
other cities participated in the Hazardous Waste Collection Day. He stated the
neighboring Cities made very small contributions to the event. He hopes once
everything is organized with the. new recycling center, the City then can have a
hazardous waste disposal system in place. This will be a tremendous contribution to all
in the area.
Page 2 of 26 — 4/12/2004
Mayor Reid and City Manager, Bill Eisen, presented a Proclamation to Administrative
Analyst, Chris Kidwell, for fair housing services, proclaiming April 2004, as "Fair
Housing Month."
Administrative Analyst, Chris Kidwell, stated most of the jurisdictions in Brazoria County
support the fair housing month. There are first time homebuyer programs available to
citizens. This enables residents to improve their living situations. Fair Housing Month is
recognition of the efforts of communities who participate in these programs.
Mayor Reid stated the Lone Star Program Award was given to the Parks Department for
the 1 st Trick or Treat Trail that took place in October 2003.
Recreation Superintendent, Michelle Dunn, introduced Kelli Coburn and Kristy
Pachciarz. She stated they planned the Trick or Treat Trail Event. During the State
Conference in March, the Parks Department received the Lone Star Program Award.
Mayor Reid and Councilmember Seeger presented a Proclamation to Public Affairs
Liaison, Lynn Munford, for community volunteer services, proclaiming April 18 — 24,
2004, as "National and Pearland Volunteer Week."
Public Affairs Liaison, Lynn Munford, stated the Pearland Volunteer Program initiated
last year. Volunteer Appreciation Week is a national program. Pearland has a great
number of volunteers for different services throughout the City. This is just a small
appreciation for those volunteers who serve the Pearland citizens and communities by
volunteering.
Mayor Reid stated the City is fortunate to have people who step forward and work with
each other.
Mayor Reid reported on March 23 he attended a Helicopter tour of Shadow Creek
Ranch and an Annual United Way Awards Banquet; March 24 he attended a County
Tax Abatement Review Committee Meeting and a Pearland Arts League Meeting;
March 25 he attended an Adult Reading Center Red Hat Luncheon and a PEDC After
Hours Reception and Presentation; March 26 he attended a HGAC/Transportation
Policy Council Board Meeting and a Chamber Ambassadors Meeting; March 27 he
visited the Household Hazard Waste Collection Site; March 29 he attended a Council
Workshop; March 31 he spoke to students in the Home Education Association, and
attended the Southeast Economic Development Corporation Board Meeting; April 1 he
attended a chamber Expo at KC Hall, the Texas Municipal League Region 14 Quarterly
Meeting, and the Chamber Before Work Breakfast; April 2 he attended the Partners for
Pearland Golf Tournament; April 3 he attended the Dedication of the Marie Flickinger
Building at San Jacinto Campus, and attended and spoke at the Eagle Scout Court of
Honor; April 4 he attended the Special Hindu Temple Event; April 5 he attended an
Agenda Meeting and a Council Meeting; April 6 he conducted a City Tour for
Corporation Executives, and attended a School Environmental Fair; April 7 he attended
Page 3 of 26 — 4/12/2004
a HGAC Legislative Committee Meeting and a Brazoria Economic Development
Alliance Meeting; April 8 he welcomed the Coaches Clinic.
COUNCIL ACTIVITY REPORTS
Mayor Pro -Tem Tetens passed.
Councilmember Viktorin encouraged everyone to attend the Crawfish Jamboree on April
24, and Pearland Arts League "pARTy on the Grand" on May 1St, 10:00 a.m. — 2:00 p.m.
Councilmember Owens passed.
Councilmember Marcott reported he attended the Teen Dance and Easter Egg Hunt
conducted by Pearland Parks and Recreation Department.
Councilmember Seeger passed.
CITY MANAGER'S REPORT
City Manager, Bill Eisen, announced the opening ceremony for the Grand Opening of
the Pearland Recycling Center is on April 24, 2004. Mr. Eisen introduced the City
Manager of the City of Dickinson, Ivan Langford and the president of the Economic
Development Alliance of Brazoria County, David A. Stedman.
David A. Stedman, President of the Economic Development Alliance of Brazoria
County, stated he had a great welcome back into Brazoria County. He is pleased to
come back and bring his family to Texas. He thinks Brazoria County has a great future
if everyone will pull together and work for the common good. A lot of that was seen
tonight during this Council Meeting. This type of work demonstrated this evening makes
quality of life better for the residents. Corporations and businesses are attracted to
neighborhoods that display these efforts.
CITIZENS: None
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES:
1. Minutes of the March 22, 2004, Regular Council Meeting held at 7:30 p.m.
2. Minutes of the March 29, 2004, Special Meeting held at 7:00 p.m.
Page 4 of 26 — 4/12/2004
B. CONSIDERATION AND POSSIBLE ACTION — EXCUSE ABSENCE OF
COUNCILMEMBER KLAUS SEEGER FROM THE REGULAR MEETING HELD
ON MARCH 22, 2004. City Council.
C. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE
OF SHADOW CREEK RANCH SF -22. Mr. Doug Kneupper, City Engineer.
D. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE
OF LAKES AT HIGHLAND GLEN SECTION 8. Mr. Doug Kneupper, City
Engineer.
E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-48 —
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 THE GULF COAST WATER
AUTHORITY FOR THE PURCHASE OF WATER CAPACITY IN THE
SOUTHEAST WATER PLANT. Mr. Alan Mueller, Deputy City Manager.
F. CONSIDERATION AND POSSIBLE ACTION — DIRECTIVE TO STAFF TO
INITIATE A SERVICE PLAN FOR THE ANNEXATION OF LAND GENERALLY
LOCATED ALONG ANAGNOST ROAD (UNOPENED) AND RILEY ROAD
(UNOPENED) IN THE ALLISON-RICHEY GULF COAST HOME COMPANY
SUBDIVISION, SECTION F, JAMES HAMILTON SURVEY, ABSTRACT 876,
HARRIS COUNTY, TEXAS. Mr. Alan Mueller, Deputy City Manager.
Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Tetens, to
adopt Consent Agenda Items A through F 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
Mayor Reid, with concurrence of Council, moved to New Business Item No. 2.
Page 5 of 26 — 4/12/2004
FIRST READING OF ORDINANCE NO. 509-705 — 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 29.4 ACRES OF LAND, MORE
OR LESS, BEING OUT OF LOTS 172 AND 173 OF SAID W. ZYCHLINSKI'S
SUBDIVISION, H.T. & B.R.R. COMPANY SURVEY, SECTION 27, ABSTRACT — 308
AND G. C. SMITH SURVEY, SECTION 27, ABSTRACT — 551 AND OUT OF THAT
TRACT AS DESCRIBED IN A DEED FILED IN THE OFFICIAL RECORDS OF
BRAZORIA COUNTY AT VOLUME (90) 799, PAGE 40 AND 98-035795 (GENERALLY
LOCATED ON THE WEST SIDE OF STATE HIGHWAY 35 (MAIN STREET), AND
SOUTH OF INDUSTRIAL DRIVE) (APPLICATION NO. 1158) FROM
CLASSIFICATION MULTI -FAMILY DISTRICT (MF) TO HEAVY INDUSTRIAL
DISTRICT (M-2) AT THE REQUEST OF THE CITY OF PEARLAND, 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 Mayor Pro -Tem Tetens, to
approve Ordinance No. 509-705 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 1158.
City Manager, Bill Eisen, stated several of the cases being discussed this evening apply
to his statement. Recently the City Council adopted a moratorium on all new Multi -
Family Developments within the City. Some tracts of land already zoned as Multi -
Family are being looked at within the City to ensure adequate utility services could be
provided. As a result of the moratorium, the City has initiated several zoning cases.
This item is one of those cases. The tract of land is located on South Main, South of
Industrial Drive. The zone change will be from Multi -Family District to Heavy Industrial
District.
Voting "Aye" Councilmember Viktorin, Owens, Tetens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-706 — 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 5.2 ACRES OF LAND, MORE OR
Page 6 of 26 — 4/12/2004
LESS, BEING OUT OF LOT 173 OF SAID W. ZYCHLINSKI'S SUBDIVISION, G. C.
SMITH SURVEY SECTION 28, ABSTRACT — 1758, PAGE 28 BRAZORIA COUNTY
DEED RECORDS AND IN OFFICIAL RECORDS OF REAL PROPERTY OF
BRAZORIA COUNTY AT CLERKS FILE NUMBER 96-001936 (GENERALLY
LOCATED ON THE WEST SIDE OF STATE HIGHWAY 35 (MAIN STREET), AND
SOUTH OF INDUSTRIAL DRIVE) (APPLICATION NO. 1157) FROM
CLASSIFICATION MULTI -FAMILY DISTRICT (MF) TO HEAVY INDUSTRIAL
DISTRICT (M-2) AT THE REQUEST OF THE CITY OF PEARLAND, 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 Tetens made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 509-706 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 1157.
City Manager, Bill Eisen, stated similar to the last item, this is an application initiated by
the City. This tract is also located South of Industrial Drive on South Main.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger.
Voting "No" None.
Motion passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-707 — 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 14.1 ACRES OF LAND, MORE
OR LESS, BEING OUT OF TRACTS 29, 30 AND 43, GEORGE W. JENKINS
SUBDIVISION ACCORDING TO THE PLAT THEREOF FILED IN VOLUME 2, PAGE
20 BRAZORIA COUNTY PLAT RECORDS, S. F. PERRY & E. M. AUSTIN SURVEY,
ABSTRACT 111 (GENERALLY LOCATED ON THE SOUTH SIDE OF FM 518, AND
EAST OF PINE HOLLOW DRIVE) (APPLICATION NO. 1160) FROM
CLASSIFICATION MULTI -FAMILY DISTRICT (MF) TO SINGLE FAMILY DWELLING
DISTRICT (R-4) AT THE REQUEST OF THE CITY OF PEARLAND, 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 7 of 26 — 4/12/2004
Councilmember Marcott made the motion, seconded by Mayor -Pro Tem Tetens, to
approve Ordinance No. 509-707 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 1160.
City Manager, Bill Eisen, stated this item is also similar to previous discussed items and
was also initiated by the City.
L.F. "Bud" Boza, 811 Dallas, addressed Council and stated he is the real estate
representative for this project. This tract is the small Jamison tract of property
consisting of 14.1 acres. He staked it is an L-shaped tract of land with frontage along
FM 518. The tract has been zoned Multi -family since 1986. The property has very
limited use as currently zoned.
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid, with concurrence of Council, moved to New Business Item No. 6
FIRST READING OF ORDINANCE NO. 509-709 — 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 1.5 ACRES OF LAND SITUATED
IN LOT 77 OF FIGLAND ORCHARD SUBDIVISION OF A PART OF SECTION 13 OF
THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 240 AS RECORDED IN
VOLUME 3, PAGE 77, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(LOCATED ON THE WEST SIDE OF WAGON TRAIL ROAD, AND SOUTH OF
BARDET STREET) APPLICATION NO. 1153) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO NEIGHBORHOOD SERVICE DISTRICT (NS) AT
THE REQUEST OF EVANGELOS GOLFIS, 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 Councilmember Marcott, to
approve Ordinance No. 509-709 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 1153.
Page 8 of 26 — 4/12/2004
City Manager, Bill Eisen, stated the applicant proposes to locate an office on the
property. The applicant is requesting a zoning change for this purpose.
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-710 — 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 6.9 ACRES OF LAND, MORE OR
LESS, BEING OUT OF TRACTS 'C' AND 'D' OF THE SUBDIVISION OF SECTION 1,
A.C.H. & B.R.R. CO. SURVEY, A — 147 FILED IN VOLUME 2, PAGE 1 BRAZORIA
COUNTY PLAT RECORDS, PEARLAND, BRAZORIA COUNTY, TEXAS AND BEING
OUT OF THOSE TRACTS DESCRIBED IN A DEED AS FILED IN OFFICIAL
RECORDS OF REAL PROPERTY OF BRAZORIA COUNTY AT CLERK'S FILE
NUMBER 98-043412 AND 00-047831 (GENERALLY LOCATED ON THE NORTH SIDE
OF WALNUT STREET, AND ON THE EAST SIDE OF GALVESTON AVENUE)
(APPLICATION NO. 1159) FROM CLASSIFICATION MULTI -FAMILY DISTRICT (MF)
TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF THE CITY OF
PEARLAND, 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. 509-710 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 1159.
City Manager, Bill Eisen, stated this is another multi -family tract and the City has
initiated the rezoning. The property wraps around the existing post office.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
Page 9 of 26 — 4/12/2004
FIRST READING OF ORDINANCE NO. 509-711 - 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 36, WESTCHESTER
ESTATES, ABSTRACT 242, H.T. & B.R.R. COMPANY SURVEY, BRAZORIA
COUNTY, TEXAS (LOCATED ON THE WEST SIDE OF MANVEL ROAD, AND NORTH
OF WESTCHESTER CIRCLE) (APPLICATION NO. 1142) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE
REQUEST OF VINCENT Z. RAMIREZ, 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 Owens, to
approve Ordinance No. 509-711 zone change from Suburban Development District
(SD) to Neighborhood Services District (NS) on its first reading as amended.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 1142.
City Manager, Bill Eisen, stated the applicant desires to sale the property. The seeking
of total use of the property is consistent with the land use plan and zoning.
Mayor Pro -Tem Tetens stated he does not feel it is right for Council to change the
zoning on something that does riot currently meet the City's requirements.
Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Owens, to table
Ordinance No. 509-711 until the Zoning Board of Adjustments meets.
Voting "Aye" None.
Voting "No" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger.
Motion Failed 5 to 0.
Executive Director of Community Services, Tobin Maples, stated the Zoning Board of
Adjustments met regarding the variance and it was denied.
Mayor Pro -Tem Tetens stated the Zoning Board of Adjustments acted correctly.
Executive Director of Community Services, Tobin Maples, stated a suggestion for a
Neighborhood Services zoning change was suggested to the applicant.
Page 10 of 26 — 4/12/2004
City Attorney, Darrin Coker, asked if the lots already zoned as GB in that area were
zoned several years ago.
Executive Director of Community Services, Tobin Maples, stated those lots measure
150 feet. The current property in discussion is a 129 feet.
Councilmember Viktorin stated this business that surrounds this particular property are
zoned as general business. He asked the application be sent back to Zoning Board of
Adjustments after Council's approval.
Councilmember Owens asked for the reason the item was sent to Council for approval
by Staff.
Executive Director, Tobin Maples, stated the majority of the area is zoned GB. The
comprehensive plan recommends neighborhood services for general business type
uses. This lot was platted with insufficient width to meet the City's requirement.
Councilmember Marcott asked -for information regarding the zoning across the street
from the property.
Executive Director, Tobin Maples, stated the property across the street does not meet
the criteria for General Business zoning.
Councilmember Marcott asked for details regarding the number of properties not wide
enough for this type of zoning.
A brief discussion ensued among Council and Staff regarding the proposed zone
change and possibly zoning the property with classification Neighborhood Service
District (NS).
Councilmember Marcott asked for the major restrictions for the zoning of Neighborhood
Service District.
Executive Director of Community Development, Tobin Maples, stated outside storage is
the major restriction for the zoning of Neighborhood Service District.
Councilmember Owens made the motion, seconded by Councilmember Marcott, to
amend Ordinance No. 509-711 to be approved as zone change from Suburban
Development (SD) to Neighborhood Service District (NS).
Councilmember Viktorin stated it is not fair to allow the other surrounding business to
have outside storage, but prevent the current applicant from having outside storage.
Page 11 of 26 — 4/12/2004
Executive Director of Community Development, Tobin Maples, stated "outside storage"
is not a good term to use, but the term "outside display" should be used. This outside
display is limited to 10%.
Councilmember Owens asked if the other businesses in the area changed to new
businesses, would they have to conform to the City's existing ordinances.
Discussion ensued among Council and Staff regarding outside storage. In order to
allow the outside display for this property, the Ordinance would need to be changed.
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, and Owens.
Voting "No" Councilmember Viktorin.
Motion Passed 4 to 1, to amend the original motion.
Motion restated to approve 509-711 to change the zoning from Suburban Development
District (SD) to Neighborhood Services District (NS).
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, and Owens.
Voting "No" Councilmember Viktorin.
Motion Passed 4 to 1.
FIRST READING OF ORDINANCE NO. 1158 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 19, NOISE,
OF THE CITY OF PEARLAND CODE OF ORDINANCES, ARTICLEI, BY ORETHELING PURPOSE ARTICLE
OF
IN ITS ENTIRETY AND ADDING A NEW
UPDATING THE ORDINANCES RELATIVE TO NOISE; PROVIDING A PENALTY FOR
VIOLATION; HAVING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND A
REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 1158 on its first reading.
City Manager, Bill Eisen, stated this item is presented because of a desire to clarify the
City's Noise Ordinance. A workshop took place on the item prior to tonight's meeting.
Dennis Patek, 4029 Skylark Way, addressed Council and stated he is a member of
Knights of Columbus #8960. He gave a brief summary regarding the charitable
organization and the members. Mr. Patek stated the Knights of Columbus donates an
excess of $60,000 a year to many organizations. He stated the Knights of Columbus
are very proud to be a part of the Pearland community. A total of 20,000 hours were
Page 12 of 26 — 4/12/2004
donated to community services in Pearland by the organization. Because of the
adoption of the Noise Ordinance, functions on the organization's property are limited to
not exceed 85 -decibels of sound inside the Hall. The bands and disc jockeys are aware
of this before each function at the Hall, and they can only receive two warnings if they
exceed 85 -decibels. The power will be turned off to all the equipment if they do not
adhere to the warnings. All functions are monitored with a decibel meter the entire
duration of the functions. The Pearland Police Department assists with the security for
the Hall. It has always been the intention of the organization to be a good neighbor to
all surrounding neighbors of the Hall. We have asked the neighbors if there are any
concerns regarding the functions taking place at the Hall. They replied there are no
problems. The organization believes because of the continued monitoring of events,
the noise is always in compliance with the current Noise Ordinance. Some people may
mistake music from vehicles for music associated with functions at the Hall. The
organization has no control of this issue. The City has conducted no investigation, and
no complaints have been directed to the organization. He asked the City to investigate
some of the complaints before amending the current Noise Ordinance. Mr. Patek stated
the existing Ordinance is appropriate.
Lloyd Stephens, 5603 Groveton Lane, addressed Council and stated he runs the bar in
the Knights of Columbus Hall. He stated the Hall is constantly monitored and there are
no problems. He gave brief comments regarding the noise from the train in the area.
He asked Council to think about the current Noise Ordiance. He agrees with Mr. Patek.
Dennis Ermis, 2609 Taylor Lane, addressed Council and stated it was very hard to
initially get set up in Pearland based upon the size of the road. He stated the
organization has not caused any problems with the road, but the pipeline trucks are
causing problems. The noise level from the trucks are more than what is produced from
the Hall.
Frank Melchor, 3218 Bishopton Drive, addressed Council and stated he agrees with his
fellow Knights of Columbus members.
Ernest Laitkep, 3749 Wingtail Way, addressed Council and stated he also agrees with
his fellow Knights of Columbus members.
Paul Machicek, 923 Portsmouth Drive, addressed Council and stated he also agrees
with his fellow Knights of Columbus members.
Joseph Zvanut, 2905 Yorkshire, addressed Council and stated he agrees with the
comments of his fellow knights of Columbus members.
Larry Alvarez, 2704 Pineneedle, addressed Council and state he agrees with Mr. Patek.
He stated he does think Council has the City's best interest at heart, but the current
Ordinance is adequate.
Page 13 of 26 — 4/12/2004
One of the City Council goals for the Legal Department in 2004 is to review the current
City Ordinances. Some of those that are antiquated or ambiguous should be reviewed
for possible changes. The Noise Ordinance is one of the Ordinances which the City has
routinely had some problems with. This Ordinance has been in place for many years
and it has not been amended. Citations are not issued under the Ordinance because of
its ambiguity. The State Law does establish an 85 -decibel threshold for measuring.
Most Cities are going away from the decibel measurement due to people testifying that
the noise is still a nuisance. Having an 85 -decibel reading does not mean it is within
compliance of the law. It only means there is not a presumption of guilt on that party.
The amendment to the Ordinance incorporates different aspects of noise and does not
utilize decibel reading. It looks at the sensibilities of the people in contact with the
noise. This Ordinance will be a balance for both sides. There is a variance procedure
through the amended Ordinance. This allows Council to establish conditions on the
variance. There will be certain factors for Council to consider in the determination
process. He stated one of the driving forces for this amendment was not the Knights of
Columbus Hall, but was the cars with the bass.
Mayor Reid stated section B of the Ordinance needs to be modified possibly.
City Attorney, Darrin Coker, stated Section B is a prosecutor's tool because it shifts the
burden of proof to another party. The section could be taken out completely.
Mayor Reid stated he thinks it only needs to be modified to read midnight to 7:00 a.m.
Councilmember Owens asked if this has any effects on the residents and the noise from
the neighboring homes.
City Attorney, Darrin Coker, stated it does apply, but the difference would be what time
the action/noise took place and the complaint was made.
Councilmember Owens asked about conditions during City training for Fire and Police
Department personnel.
City Attorney, Darrin Coker, stated they would be exempt due to the nature of the work
and the public service.
Councilmember Marcott stated on the agenda is an Ordinance pertaining to the area on
Hwy 35 that currently has industrial zoning near the proposed property. The Industrial
property is open 24 hours and produces noise. The neighboring property owner wants
to build homes on the property near the industrial area. Councilmember Marcott asked
if the City could determine or work around this case.
City Attorney, Darrin Coker, stated this would fall under competing interest. Council will
not find an absolute answer for this question. Council will need to decide whether to
enforce or work outside of the Ordinance.
Page 14 of 26 — 4/12/2004
Councilmember Marcott stated Councilmembers change within the City and the
business owner could be pushed out of the City based on the Ordinance.
City Attorney, Darrin Coker, stated there is a fine line associated with this Ordinance.
However, residents are entitled to peace and enjoyment of their homes.
Additional discussion ensued among Council regarding businesses and homeowners
that would be affected by the Noise Ordinance.
Councilmember Viktorin stated he applauds the efforts of the City Attorney in revising
the current Ordinance. He is in favor of the intent; however, he doesn't want to create a
weapon for one citizen to use against other citizens and businesses in Pearland.
City Attorney, Darrin Coker, stated the current State Law still indicates more witnesses
would need to testify in order to hold up the complaint. The amended City Ordinance
will continue to follow State Law, but the 85 -decibel presumption will be removed. The
liability will be the same. The amended Ordinance will give an option for a variance.
This will work for the benefit of local organizations and businesses.
Councilmember Owens asked if the Ordinance could possibly be amended to include
decibel readings and for clarification regarding the decibel reading location.
City Attorney, Darrin Coker, stated the decibel reading would be taken at the property
line.
Discussion ensued among Council and Staff regarding the inclusion or exclusion of the
decibel reading in the amended Ordinance.
Councilmember Viktorin made the motion to table. Motion died due to the lack of a
second.
Discussion ensued among Council and Staff to make necessary changes regarding
times to read from midnight to 7:00 a.m.
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2004-52 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK
AUTHORIZATION #3 SUPPLEMENT #9 FOR VEGETATIVE BOTTOM DESIGN
SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND
Page 15 of 26 — 4/12/2004
PROGRAM (WEST MARY'S CREEK DETENTION FACILITY). Mr. Bill Eisen, City
Manager.
Councilmember Marcott made the motion, seconded by Councilmember Viktorin, to
approve Resolution No. R2004-52.
City Manager, Bill Eisen, stated this item relates to a contract for vegetative design for
West Mary's Creek Detention Facility. This will include selection and installation of the
plants and monitoring after the installation to ensure the plants survive. A division of
Turner, Collie and Braden will perform the work.
Michael Klaus, 5016 Groveton, addressed Council and stated he is concerned about
other detention ponds. He wants to make sure the funds for this project is appropriate
for the amount of work. He asked for this to be included into other detention projects in
Pearland and the funding is decided based upon all the projects. The City should not
pay for these service several times from Turner, Collie and Braden. Everything should
be included into one package.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2004-49 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION OF THE MISCELLANEOUS ROAD IMPROVEMENTS -GROUP 3,
ASSOCIATED WITH THE MOBILITY AND DRAINAGE BOND PROGRAM.
Mr. Bill Eisen, City Manager.
Councilmember Seeger made the motion, seconded by Councilmember Marcott, to
approve Resolution No. R2004-49.
City Manager, Bill Eisen, stated this project has been referred to in the Mobility Program
as a Group 3 miscellaneous road project. It includes improvements at four different
intersections in Pearland.
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2004-51 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
Page 16 of 26 — 4/12/2004
MANAGER OR HIS DESIGNEE TO JOIN A COALITION AND TO INTERVENE IN
PROCEEDINGS RELATED TO THE APPLICATION OF CENTERPOINT ENERGY
HOUSTON ELECTRIC, LLC, RELIANT ENERGY RETAIL SERVICES, LLC AND
TEXAS GENCO, LP TO DETERMINE STRANDED COSTS AND OTHER TRUE-UP
BALANCES PURSUANT TO PURA § 39.262; AUTHORIZING THE CITY ATTORNEY
TO REPRESENT THE CITY AND TO TAKE APPROPRIATE ACTIONS RELATING TO
SUCH PROCEEDINGS; MAKING CERTAIN FINDINGS RELATED THERETO.
Mr. Chris Kidwell, Administrative Analyst.
Councilmember Viktorin made the motion, seconded by Mayor Pro-Tem Tetens, to
approve Resolution No. R2004-51.
Administrative Analyst, Chris Kidwell, stated deregulation issues give the utility
companies the ability to recover costs after putting money into infrastructure for sub-
power. A case was filed with Public Utilities Commission for recovery of costs. The
estimate is $4.4 billion in costs. The City of Houston has obtained counsel and
estimated this would impact average residential customers with an approximate
increase of $13.00 per month. The City of Houston is intervening in this and is currently
inviting surrounding cities to form a coalition in intervening. This would not cost the City
of Pearland anything. Staff respectfully recommends the City to participate in the
coalition in order to attempt to save the residents of Pearland additional utility costs.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2004-47 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE
PURCHASE AND INSTALLATION ON RAIN AND STREAM GAUGE STATIONS.
Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember Viktorin, to
approve Resolution No. R2004-47.
City Manager, Bill Eisen, stated within the last couple of years Council contracted with
engineers associated with the University of Houston to design and determine an
appropriate location for rain and stream gauge stations. The information provided by
those stations will be used for future planning against rain and flooding events within the
City. This contract would be for the first set of the locations.
Michael Klaus, 5016 Groveton, addressed Council and stated early last year a meeting
was held in Pearland involving the Army Corps of Engineers and the Flood Proofing
Committee. He asked Council to coordinate the information received from the rain
Page 17 of 26 — 4/12/2004
gauge stations with the National Weather Service. The City then could collect better
rating through the community rating systems program. He is concerned about the Clear
Creek Project as well.
Councilmember Owens stated asked for specifics on the locations.
John Hargrove, Consulting Engineer, stated there will be seven rain stream gauge
combinations and two independent rain gauges. All the gauges will be streaming
directly to Harris County Emergency Management, coordinating and integrating with its
system. Reports will be given on the internet of all integrated areas.
Councilmember Owens asked if any of the southern cities are participating.
John Hargrove, Consulting Engineer, stated he is not aware of it. It has been
discussed. Sugarland and Clear Creek have some in place.
Councilmember Owens asked for a summary of the positives the City would receive
from the project.
John Hargrove, Consulting Engineer, stated hydrologists have problems with making
correct predictions on streams without proper gauging. This error of predicting is
removed when all the streams are gauged properly. More accurate hydrology will take
place as a result of this project.
Councilmember Marcott asked if Brazoria County Drainage District No. 4 participated in
the project.
John Hargrove, Consulting Engineer, stated Brazoria County Drainage District No. 4
has been involved with the notification portion of the project. They have not been
actively involved with the project itself.
Councilmember Marcott asked if Harris County Emergency Management is only being
used for the recording and distribution mechanism.
John Hargrove, Consulting Engineer, stated they are being used as a database center.
They will take the transmissions from the gauges and print reports. These reports will
be available to the City at any time.
Councilmember Marcott asked if $54,000 was the final amount.
John Hargrove, Consulting Engineer, stated that is the amount for this current contract.
An additional amount of a couple thousands will follow for the survey information. He
stated the entire project should be under $60,000. The City will need to make an
agreement with a service company for maintenance on the stations.
Page 18 of 26 — 4/12/2004
Councilmember Viktorin stated he thinks this is some of the best money the City will
spend, and it will allow the City to gauge storms.
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2004-53 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT
WITH BERG-OLIVER ASSOCIATES, INC. FOR ENVIRONMENTAL ASSESSMENT
AND SITE PLANNING SERVICES ASSOCIATED WITH CITY OWNED PROPERTY.
Mr. Alan Mueller, Deputy City Manager.
Mayor Pro -Tem Tetens made -the motion, seconded by Councilmember Marcott, to
approve Resolution No. R2004-53.
City Manager, Bill Eisen, stated the City owns property near Mykawa Road, North of
Clear Creek. The long term plan for the plan is to use it for storm water detention and
mitigation for wetlands lost as a result of the Pearland Parkway Extension.
Councilmember Marcott stated he is happy to see the interest rate lowered. He stated
the percentage is too high.
City Attorney, Darrin Coker, stated this could be taken out if necessary.
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, and Viktorin.
Voting "Abstain" Councilmember Owens.
Motion Passed 4 to 1, with 1 abstention.
COUNCIL ACTION — RESOLUTION NO. R2004-54 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
DETENTION POND EROSION PROTECTION AND APPROVING CHANGE ORDER
NO. 1 FOR A REDUCTION OF THE SCOPE OF SERVICES AND COSTS
ASSOCIATED WITH THE PROJECT. Mr. Bill Eisen, City Manager.
Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Tetens, to
approve Resolution No. R2004-54.
City Manager, Bill Eisen, stated this item is associated with some erosions occurring at
different locations. This would be a contract for necessary repairs as well.
Page 19 of 26 — 4/12/2004
Deputy City Manager, Alan Mueller, stated the bid amount has been reduced to the
budgeted amount.
A brief discussion ensued among Council and Staff regarding erosion of the East Pond
and West Pond.
Deputy City Manager, Alan Mueller, stated the City has not planned to work on the West
Pond area. If this project is successful, that could be possibly budgeted in the future.
Voting "Aye" Viktorin, Owens, Tetens, Marcott, and Seeger.
Voting "No" None.
Motion passed 5 to 0.
Mayor Reid, with concurrence of Council, moved back to New Business Item No. 1.
FIRST READING OF ORDINANCE NO. 509-704 — 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 39.50 ACRE TRACT OF LAND
BEING OUT OF THE D.H.M. HUNTER SURVEY, ABSTRACT 76, BEING A PORTION
OF THE SAME 181.6209 ACRE SURVEY AS RECORDED IN VOLUME 1596, PAGE
93 OF THE BRAZORIA COUNTY DEED RECORDS; AND 83.83 ACRE TRACT OF
LAND BEING OUT OF THE D.H.M. HUNTER SURVEY, ABSTRACT 76 AND THE
H.T.&B.R.R. COMPANY SURVEY, ABSTRACT 233, BEING A PORTION OF THE
SAME 181.6209 ACRE SURVEY RECORDED IN VOLUME 1596, PAGE 93 OF THE
SAME BRAZORIA COUNTY DEED RECORDS (APPLICATION NO. 1156) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO PLANNED UNIT
DEVELOPMENT (PUD) AT THE REQUEST OF PAUL GROHMAN, AGENT FOR SUE
MORRISON, 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 Councilmember Owens, to
approve Ordinance No. 509-704 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to deny Application No. 1156.
City Manager, Bill Eisen, stated because of the negative recommendation from the
Planning & Zoning Commission, City Council would need to have a three-quarter vote to
Page 20 of 26 — 4/12/2004
overturn and approve the Ordinance.
Mayor Reid stated the applicant prepared a brochure with a proposed drawing, which
represents the property. It has been included for Council.
Mayor Pro -Tem Tetens asked Staff if the concerns mentioned have been addressed.
Executive Director of Community Services, Tobin Maples, stated the majority of the
concerns have been addressed. There are still some outstanding issues. The packet
produced to Council earlier has been revised and submitted to Council. Some of the
issues have been addressed.
Councilmember Owens asked if a presentation would be made on the property.
Paul Grohman, Developer, addressed Council and gave a brief presentation on the
property. He stated he has been working with Staff for several months regarding the
property. Three or four issues have been resolved, and two are remaining. The
property is long and narrow, which makes it hard to get proper zoning. He gave a brief
description of the proposed density and the lots. He stated Planning and Zoning
wanted to see more open space. He stated the property owner wants to put the open
spaces within the yards versus public parks. A jogging trail will be constructed along
the creek. Issues regarding elevations were discussed with Staff. Mr. Grohman stated
the engineering for the property has not been completed and the elevation and
landscape issues could not be addressed at the present time. He stated the property
owner is willing to follow the Pearland Parkway overlay zone. A lot of changes have
been made to the Planned Unit Development to accommodate Staff concerns.
Mayor Reid stated one advantage for the citizens is an exit that will eventually exist on
Orange Street due to the development.
Discussion ensued among Council and Mr. Grohman regarding access roads and
detention ponds for the development.
Mr. Grohman stated Schleider Drive would connect to the development. All detention
will go into Town Ditch with one exception along the creek.
Councilmember Marcott stated the Planned Unit Development is something the
developer will have to follow. He stated he is concerned about the incomplete Planned
Unit Development. The Planned Unit Development should come before Council with
everything inputted and decided. No document has been given to Council with all the
details of the Planned Unit Development.
Mr. Grohman stated the documents state that the developer will comply.
Councilmember Marcott stated the Planned Unit Development does not show Council
Page 21 of 26 — 4/12/2004
what the development would be as a completed project. He stated it has been
discussed, but nothing is drawn out specifically for Council to view.
Mr. Grohman stated projects within the City never had to include the commercial roads
and elevations as part of a Planned Unit Development. He stated the Pearland
Parkway Overlay Zone has very strict landscaping rules; the developer is willing to
comply with those rules.
Councilmember Marcott stated in the packet is states the front of the homes would be
ten to twenty feet. He asked for clarification on placement of garages.
Mr. Grohman stated the garages would be detached and set back and could be
included into the Planned Unit Development.
Councilmember Owens stated he does not understand why the Planning and Zoning
Commission turned down the Planned Unit Development. He stated it seems that the
developers submit the information in compliance with City Ordinances, but it is changed
once it goes before the Planning and Zoning Commission. The developer, as
requested, then makes the changes. Those changes then do not comply with the City
Ordinances. Personal preferences should not be the determining factor for the
changes. If the design is not really what the City wants to see developed, the
Ordinances should reflect it. He stated every letter included into the package regarding
the zoning shows drainage concerns, not the development itself. He stated the
drainage for this property actually takes a volume of water out of the detention ditch,
allowing additional capacity to be in the ditch.
Discussion ensued among Council and Staff regarding the City's drainage plan, the
current proposed development, and the driveway set -backs for the development.
Councilmember Marcott asked if calming devices for traffic would be included in the
development.
Mr. Grohman stated all of the long runs of streets in the development are cul-de-sacs.
Councilmember Marcott stated there is a long running street coming in off of Pearland
Parkway and a long run after taking a right from Pearland Parkway.
Deputy City Manager, Alan Mueller, stated the last drawing showed more longer runs
and that has been addressed with the current drawing submittal.
Mayor Reid stated the four-way stop signs along those streets would slow the traffic
down some.
Councilmember Marcott asked if additional stop signs could be placed into new
developments during the development process.
Page 22 of 26 — 4/12/2004
Deputy City Manager, Alan Mueller, stated the engineer for the developer would
typically have a traffic plan for the development.
Discussion ensued among Council and Staff regarding City property along Orange
Street.
Executive Director of Community Services, Tobin Maples, stated this is exactly what
Councilmember Owens mentioned earlier. The problem the City is having with the
proposed development concerns Urban Design. Staff attempted to accomplish the
issues by working with the applicant through a Planned Unit Development document.
Clear options and directions should be given to Staff before it is presented to Council.
Councilmember Owens stated if the City is going to input concerns far and beyond what
is incorporated in the City Ordinances, then those Ordinances need to be revised.
Property owners and developers base their decisions on the City Ordinances. They
have spent money during the planning and acquiring process based on this. Liability
will be placed on the City if the designs are based on the preferences versus the City
Ordinances.
Mr. Grohman stated he has complied with the City Ordinances and tried to adapt to the
suggestions of Staff. He stated the end results of the development will be nice.
Additional discussion ensued among Council and Mr. Grohman regarding the driveway
set -backs for the development.
Mayor Pro -Tem Tetens called for the question.
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 10:45 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.072 — REAL PROPERTY: DISCUSSION
REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL
PROPERTY FOR THE CITY FACILITIES. Mr. Darrin Coker, City
Attorney.
Page 23 of 26 — 4/12/2004
2. SECTION 551.072 — REAL PROPERTY: DISCUSSION
REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL
PROPERTY FOR CITY PROPERTY. Mr. Darrin Coker, City
Attorney.
3. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY —
REGARDING POTENTIAL LITIGATION — ZONING.
Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 11:37 p.m.
COUNCIL ACTION — REGARDING THE SALE, PURCHASE, OR EXCHANGE OF
REAL PROPERTY FOR THE CITY FACILITIES. Mr. Darrin Coker, City Attorney.
No Council action taken.
COUNCIL ACTION — REGARDING THE SALE, PURCHASE, OR EXCHANGE OF
REAL PROPERTY FOR CITY PROPERTY. Mr. Darrin Coker, City Attorney.
No Council action taken.
COUNCIL ACTION — REGARDING POTENTIAL LITIGATION — ZONING.
Mr. Darrin Coker, City Attorney.
No Council action taken.
Mayor Reid, with concurrence of Council, moved back to New Business Item No. 5.
FIRST READING OF ORDINANCE NO. 509-708 — 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 63.2 ACRES, MORE OR LESS,
BEING OUT OF W. ZYCHLINSKI'S SUBDIVISION OF SECTIONS 27 & 28 IN THE H.T.
& B.R.R. COMPANY SURVEY, ABSTRACT — 551 FILED IN VOLUME 29, PAGE 9
BRAZORIA COUNTY DEED RECORDS AND THE H. STEVENS SURVEY,
ABSTRACT — 594, PEARLAND, BRAZORIA COUNTY, TEXAS AND BEING OUT OF
THOSE TRACTS DESCRIBED IN A DEED AS FILED IN OFFICIAL RECORDS OF
REAL PROPERTY OF BRAZORIA COUNTY AT CLERK'S FILE NUMBER 99-040666
AND 02-028656 AND IN A DEED AS FILED IN OFFICIAL RECORDS OF REAL
PROPERTY OF BRAZORIA COUNTY AT CLERK'S FILE NUMBER 02-037050
(GENERALLY LOCATED ON THE WEST SIDE OF FUTURE PEARLAND PARKWAY,
Page 24 of 26 — 4/12/2004
AND NORTH OF INDUSTRIAL DRIVE) (APPLICATION NO. 1161) FROM
CLASSIFICATION MULTI-FAMILY DISTRICT (MF) TO SINGLE FAMILY DWELLING
DISTRICT (R-4) AT THE REQUEST OF THE CITY OF PEARLAND, 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 Tetens, to table
Ordinance No 509-708 on its first reading
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No 1161
Voting "Aye"Viktorin, Owens, Tetens, Marcott, and Seeger
Voting "No" None
Motion Passed 5 to 0
Council adjourned into Executive Session under Texas Government Code at 11 38 p m
to discuss the following
4. SECTION 551.074 — PERSONNEL MATTERS — ANNUAL
EVALUATION OF THE CITY MANAGER. City Council
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 12 58 p m
COUNCIL ACTION — REGARDING ANNUAL EVALUATION OF THE CITY MANAGER
City Council
No Council action taken
ADJOURNMENT
Meeting was adjourned at 12.59 p m
I
Page 25 of 26 —4/12/2004
Minutes approved as submitted and/or corrected this the 26th day of April , A.D ,
2004
Tom Reid
Mayor
ATTEST
ng Lo
ty Secr ry
Page 26 of 26 —4/12/2004