2004-05-24 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MAY 24, 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 Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Absent: Mayor Tom Reid.
Charles Viktorin
Richard Tetens
Woody Owens
Larry Marcott
Kevin Cole
Bill Eisen
Darrin Coker
Young Lorfing
Others in attendance: Executive Director of Community Services Tobin Maples; Police
Chief J.C. Doyle; City Engineer Doug Kneupper; Public Liaison Lynn Munford; Director
of Finance Andrea Gardner; Public Works Director Jerry Burns; EMS Director Jeff
Sundseth, Project Director Joe Wertz; Planning Manager of Community Development
Lata Krishnarao; and Planner 1 Theresa Grahmann.
The invocation was given by Father Joe O'Steen and the Pledge of Allegiance was led
by Boy Scout Troops #7 and #428.
MAYOR'S ACTIVITY REPORT
Mayor Pro -Tem Viktorin announced Mayor Reid is attending the International Council of
Shopping Centers Conference in Las Vegas. Mayor's activity report submitted prior to
Council meeting.
Mayor Reid reported on May 11 he spoke at the PISD/Employers Breakfast for Student
Cooperative Hiring, visited with Kristin Boyd from Congressman Tom Delay's Office,
and attended a Building Committee Meeting of the Adult Reading Center; May 12
attended a meeting with Alan Mueller and architect on upgrading the Council
Chambers, a Brazoria County Drainage District No. 4 Monthly Meeting, and the
Pearland Arts League Board of Directors Meeting; May 13 he attended a Ribbon Cutting
Ceremony for the 99¢ Store, a Ribbon Cutting Ceremony for the Holidaes Medical, a
Ribbon Cutting Ceremony for The Connection, a meeting with YMCA, Parks
Department, and Bill Eisen on the Skate Park, and the Police Department Annual
Awards Banquet; May 15 he visited the candidates and polls on Election Day; May 16
he spoke at the Methodist Church and 1St Baptist Church on Police Recognition Week;
May 17 he attended an Agenda Meeting and presented a Mayor's Scholarship Award to
Page 1 of 17 — 5/24/2004
Amber Harris; May 18 he attended the HGAC Board of Directors Meeting and the
Pearland Furniture Chamber Open House; May 19 he attended a Chamber Monthly
Luncheon, presented a Proclamation to Basketball Coach Buckelew and attended a
Regional Chamber Meeting at the Hobby Hilton; May 20 he a meeting with Dr. Staples,
President of University of Houston Clearlake; and Dr. Gogue, University of Houston
Clearlake System Chancellor for City Tour and Briefing; May 20 met with citizen David
Scott and Bill Eisen regarding concerns and attended the FM 518 Corridor Study
Presentation; May 21 attended a meeting of the YMCA and Parks Department Skate
Park Committee and presented a Proclamation to Girls Soccer Coach Robert Cox.
Mayor Pro -Tem Viktorin presented a Proclamation to the members of the National
Management Association, proclaiming June 6 - 12, 2004, "Management Week 2004 in
America."
COUNCIL ACTIVITY REPORTS
Mayor Pro -Tem Viktorin stated there is a new Councilmember and introduced
Councilmember Kevin Cole. He thanked Councilmember Klaus Seeger for his last six
years of service. He reported he attended the Clear Creek Steering Committee Meeting
and received an update regarding the funding status for the project. He stated funding
was a major issue last year and it will be another major issue in the upcoming year. He
also attended a Board Meeting for the Pearland Arts League, discussing how to make
the "pARTy on the Grand" better next year. The event went wonderfully this year and
can only get better.
Councilmember Tetens passed.
Councilmember Owens reported on Wednesday, May 26, 2004, Council will attend a
Delegation to Austin, meeting with the Highway Commissioners and Legislatures to
discuss transportation issues within Brazoria County. He stated this meeting is open to
everyone to attend. Council will continue attending yearly in order to request more
funding for Brazoria County.
Councilmember Marcott passed.
Councilmember Cole stated the last few months have been very busy with the election.
He thanked the citizens of Pearland for giving him the opportunity to represent them on
Council. He looks forward to working with City Staff in moving the City forward. He
stated Council has the heart of the City in their best interest. He informed the citizens
that he is available at anytime for concerns or comments.
CITY MANAGER'S REPORT
City Manager, Bill Eisen, stated the City Pool would open Saturday, May 29, 2004. The
Page 2 of 17 — 5/24/2004
Parks and Recreation Summer Concert Series begin Tuesday, May 25, 2004. They will
take place every Tuesday night from 7:00 p.m. to 9:00 p.m.
CITIZENS
Michael Klaus, 5016 Groveton, addressed Council and stated he attended a meeting
regarding the FM 518 Corridor last week. He has concerns regarding the current
population data being used for the City. The information used for planning purposes at
the meetings is incorrect. The most accurate demographic information should be
placed on the website. If FM 518 is not done correctly due to incorrect information,
nothing may happen with the funding. Pearland has the population and the expectation,
but the documentation needs to be fixed.
Richard Keschinger, 2011 Sleepy Hollow Drive, addressed Council and stated he is
back to discuss a previous mentioned subject regarding the bond issue. The City's web
page has incorrect information regarding the Barry Rose Road Project and Yost Road
Project. He is not able to access the correct information on the website and wants to
know how to the get the corrected information.
Charles Kinsey, 5208 West Broadway #200, addressed Council and stated the
members of Saint Andrews Episcopal Church asked him to speak to Council regarding
:r-- a road being constructed behind the Church. The City's Master Road Plan includes this
proposed road. The Church did not know this road would be built until after building
additional facilities to the current church. This road would cause some problems due to
the floodway. The new road would cut off access to an outdoor worship area behind the
church and other areas of the church. He asked Council to redirect and replan the road.
In closing, he stated the Church did not receive notice of the proposed road from the
City and asked for a notice to be sent.
Kimberly Spicer, 3014 Country Club, addressed Council and stated in addition to the
people from Saint Andrews Episcopal Church, there are also people present from the
Boy Scout Troop #68. She stated the Troops are asking the City not to build a road
behind the church. She presented a petition to Council regarding the proposed road.
She gave brief comments regarding the speeding currently on Country Club Drive.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES:
Amended Minutes of the April 26, 2004, Regular Council Meeting held at
7:30 p.m.
2. Minutes of the May 3, 2004, Special Meeting held at 6:00 p.m.
Page 3 of 17 — 5/24/2004
3. Minutes of the May 3, 2004, Public Hearing held at 6:30 p.m.
4. Minutes of the May 3, 2004, Public Hearing held at 6:30 p.m.
5. Minutes of the May 10, 2004, Regular Council Meeting held at 7:30 p.m.
B CONSIDERATION AND POSSIBLE ACTION SECOND AND FINAL
READING OF ORDINANCE NO. 509-712 — AN ORDINANCE
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 0.310,
BEING TRACT NO. 10 IN THE SANDOVAL SUBDIVISION, LOCATED IN THE
WEST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE
NORTHEAST ONE-QUARTER , RO
SURVEY, ABSTRACT AZOR A COUNTY, TEXAS (2823 MORENCI
STREET) (APPLICATION NO. 1163) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT
(R-1) AT THE REQUEST OF SANDRA F. MARTINEZ 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.
C. CONSIDERATION AND POSSIBLE . ACTION SECOND AND FINAL
READING OF ORDINANCE NO. 509-713 TE N�ORAMNENDCNG ORDINANCE
E OF THE CITY
COUNCIL OF THE CITY OF PEARLAND,
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
GARDEN ACRES SUBDIVISION, LOT E, S/2, SECTION 3, ABSTRACT 219,
H.T. & B.R.R. COMPANY SURVEY, BRAZORIA COUNTY, TEXAS (LOCATED
AT 2535 THELMA BAN EDEVELOPMENTTION DISTR COT. 1164) FROM
(SD) TO SINGLE
CLASSIFICATION SUBURBAN
FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF ADMIRAL HOMES
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.
D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-714 — 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 0.99
Page 4 of 17 — 5/24/2004
ACRES, BEING THE EAST ONE-HALF OF A CALLED 1.988 ACRE TRACT OF
LAND RECORDED IN FILE NUMBER 94-024593, OFFICIAL RECORDS IN THE
OFFICE OF THE COUNTY CLERK, BRAZORIA COUNTY, TEXAS, BEING A
PART OF A 5.949 ACRE TRACT RECORDED IN VOLUME 1439 PAGE 851,
DEED RECORDS, BRAZORIA COUNTY, TEXAS, OUT OF A 80 ACRE TRACT
BEING THE NORTH ONE-HALF OF THE SOUTHEAST ONE-FOURTH OF
SECTION 16, GEORGE C. SMITH SURVEY, ABSTRACT 546, BRAZORIA
COUNTY, TEXAS (LOCATED AT 6201 TERRELL DRIVE) (APPLICATION NO.
1165) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)
TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF
ARTEMIO GARCIA 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.
E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL -
READING OF ORDINANCE NO. 509-715 — 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 6,
BLOCK 2, OF BUENA VIDA, A SUBDIVISION IN THE H.T. & B.R.R. COMPANY
SURVEY, ABSTRACT 240, BRAZORIA COUNTY, TEXAS (LOCATED ON THE
SOUTH SIDE OF CANTU STREET, AND EAST OF WAGON TRAIL ROAD)
(APPLICATION NO. 1162) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT
(R-3) AT THE REQUEST OF MARIA R. GONZALEZ 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.
F. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-716 — 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
40 AND 41, BLOCK 37, PEARLAND TOWNSITE, BRAZORIA COUNTY, TEXAS
(LOCATED AT 2218 N. PEARLAND AVENUE) (APPLICATION NO. 1166)
FROM CLASSIFICATION MULTI -FAMILY DWELLING DISTRICT (MF) TO
SINGLE FAMILY DWELLING DISTRICT (R-4) AT THE REQUEST OF
CHARLES AGUIRRE, OWNER, PROVIDING FOR AN AMENDMENT OF THE
Page 5 of 17 — 5/24/2004
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.
G. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-717 — 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 A
TRACT OF LAND CONTAINING 6,250 SQUARE FEET OF LAND KNOWN AS
LOT 15, BLOCK F, OF PEARLAND TOWNSITE, BRAZORIA COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 29,
PAGE 41, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS
(LOCATED AT 2120 GRAND BOULEVARD) (APPLICATION NO. 1167) FROM
CLASSIFICATION GENERAL BUSINESS DISTRICT (GB) TO SINGLE FAMILY
DWELLING DISTRICT (R-4) AT THE REQUEST OF RICHARD GONZALEZ,
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.
H. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-719 — 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
HICKORY CREEK PLACE, LOT 9, BLOCK 3, BRAZORIA COUNTY, TEXAS
(LOCATED AT 2106 O'DAY ROAD) (APPLICATION NO. 1155) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
COMMERCIAL DISTRICT (C) AT THE REQUEST OF DON AND
MARGARETTE CHASTEEN, 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.
I. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-720 — 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
Page 6 of 17 — 5/24/2004
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 6.3601
ACRE TRACT OF LAND (CALLED 6.363 ACRES) OUT OF LOTS 49 AND 50
OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF
SECTION 85, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 304, BRAZORIA
COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF
RECORDED IN VOLUME 2, PAGE 107; OF THE PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (LOCATED AT 9809 BROADWAY STREET)
(APPLICATION NO. 134) FROM CLASSIFICATION GENERAL BUSINESS
DISTRICT (GB) TO GENERAL BUSINESS — SPECIFIC USE PERMIT (GB(S))
FOR MINI -WAREHOUSE USES LIMITING THE SPACE TO 2.492 ACRES AND
REQUIRING THE INSTALLATION OF A MINIMUM FIVE-FOOT (5') TALL
OLEANDERS PLANTED AT FIVE-FOOT (5') ON -CENTER INTERVALS
ALONG THE NORTHERN PROPERTY LINE. THE REQUEST OF WC
PROPERTIES — DAN CHEEK, AGENT FOR THE PETERSON GROUP,
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.
J. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-79 —
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING A BOND ORDER OF BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 4 AUTHORIZING THE ISSUANCE OF $3,710,000
UNLIMITED TAX REFUNDING BONDS, SERIES 2004. Mr. Darrin Coker, City
Attorney.
K. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-81 —
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, ASSIGNING THE AUTHORITY TO ISSUE SINGLE FAMILY
MORTGAGE REVENUE BONDS TO BRAZORIA COUNTY AS A SPONSORING
POLITICAL SUBDIVISION OF THE SOUTHEAST TEXAS HOUSING FINANCE
CORPORATION. Mr. Darrin Coker, City Attorney.
L. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-82 —
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, ASSIGNING THE AUTHORITY TO ISSUE SINGLE FAMILY
MORTGAGE REVENUE BONDS TO BRAZORIA COUNTY AS A SPONSORING
POLITICAL SUBDIVISION OF THE SOUTHEAST TEXAS HOUSING FINANCE
CORPORATION. Mr. Darrin Coker, City Attorney.
M. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING
OF ORDINANCE NO. 1166 — AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 20, OFFENSES
AND MISCELLANEOUS PROVISIONS, OF THE CITY OF PEARLAND CODE
Page 7 of 17 — 5/24/2004
OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, +`
AMENDED, TO ADD SECTION 20-15, TO BE ENTITLED FOCUSED
RESIDENTIAL PICKETING; HAVING A PENALTY CLAUSE, A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE;
PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE, AND
DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE
FOCUSED RESIDENTIAL PICKETING INURES TO THE BENEFIT OF THE
PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH,
SAFETY AND WELFARE OF THE CITZENRY. Mr. Darrin Coker, City Attorney.
MATTERS REMOVED FROM CONSENT AGENDA
Councilmember Tetens made the motion, seconded by Councilmember Owens, to
approve Consent Agenda Items A through M as presented on the Consent Agenda.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
NEW BUSINESS
COUNCIL ACTION — REMOVE FROM TABLE ORDINANCE NO. 509-708. City
Council.
Councilmember Owens made the motion, seconded by Councilmember Tetens, to
remove from the table Ordinance No. 509-708.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
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
Page 8 of 17 — 5/24/2004
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,
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 Owens made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 509-708 on its first reading.
City Manager, Bill Eisen, stated this particular issue first came before Council as part of
several tracts of land for rezoning. Council delayed in action on the rezoning in order to
give the owner an opportunity to discuss with Council and Staff regarding a Planned
Unit Development. The developer will not be able to do the Planned Unit Development
prior to the moratorium. He asked Council to consider the approval of the amendment
to the zoning Ordinance in order to provide R-4 zoning on the property.
Michael Klaus, 5016 Groveton, addressed Council and stated there is a resident of
Pearland who owns property in that area. This resident is concerned about the location
and the planned facility. The resident feels he may have to move due to the new
development. Mr. Klaus stated the resident residing or conducting business in the
location of the area need to be considered as well.
Councilmember Marcott stated businesses and residents in the community should be
considered prior to new developments. Something will need to be done to protect the
current business owners in the area before development takes place.
Councilmember Cole asked if an indication from the developer has been received
regarding possible development dates.
Executive Director of Community Services, Tobin Maples, stated an application has
been turned in, but there is no supporting documentation for the development.
City Attorney, Darrin Coker, stated it is his understanding that the developer has some
issues with regards to drainage currently being worked out with the Drainage District
prior to submitting documentation to the City.
Councilmember Marcott asked if noise situations could be addressed in the Planned
Page 9 of 17 — 5/24/2004
Unit Development document.
City Attorney, Darrin Coker, stated any restrictions could be included in the Planned
Unit Development document in order to minimize the affects on neighboring properties.
Discussion ensued among Council regarding the R-4 zoning and planned development.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2004-84 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S ANNUAL
AUDIT LETTER AS PREPARED BY THE ACCOUNTING FIRM OF PATILLO, BROWN
AND HILL. Mr. Bill Eisen, City Manager.
Councilmember Marcott made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2004-84.
City Manager, Bill Eisen, stated two meetings ago the City Auditors made a
presentation to Council presenting the City's audited financial statements for the
completed fiscal year. Council did not have an opportunity to review the annual audit
letter prior to the meeting. The management letter has been presented to Council and
the item is requesting the acceptance of the letter. The Director of Finance has added
comments for Council. He stated Andrea Jason, Director of Finance, has recently
married and her name has changed.
Mayor Pro -Tem Viktorin stated whenever he reads letters like this from auditing
agencies, the first thing he looks at are prior year comments and whether or not those
comments were addressed. The prior comments have been addressed and he
appreciates the department for addressing those comments.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2004-85 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO SUBMIT APPLICATIONS TO HOUSTON
Page 10 of 17 — 5/24/2004
GALVESTON AREA COUNCIL FOR PARTICIPATION IN THE SOLID WASTE GRANT
PROGRAM. Mr. Bill Eisen, City Manager.
Councilmember Cole made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2004-85.
City Manager, Bill Eisen, stated this item consists of three applications involving
household hazardous waste and providing materials and disposal cost for three different
kinds of household hazardous waste.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2004-76 — 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 KIRST ENGINEERING, FOR ENGINEERING SERVICES ASSOCIATED WITH
THE WAGON WHEEL SUBDIVISION WATER PROJECT. Mr. Bill Eisen, City
Manager.
Councilmember Tetens made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2004-76.
City Manager, Bill Eisen, stated this is a continuation of the City's ongoing effort to
provide water and wastewater services in areas being annexed into the City over the
past seven years. This particular project is for the engineering design work for the
water system in the Wagon Wheel Subdivision.
Councilmember Marcott asked if the funding currently allotted would cover the
additional engineering.
City Manager, Bill Eisen, stated those other services are part of the contract being
considered this evening.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
Page 11 of 17 - 5/24/2004
COUNCIL ACTION — RESOLUTION NO. R2004-78 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING MATCHING FUNDS
FOR TWO NEW SCHOOL RESOURCE OFFICERS AS PART OF THE COPS IN
SCHOOLS 2004 GRANT PROGRAM. Mr. J.C. Doyle, Police Chief.
Councilmember Owens made the motion,. seconded by Councilmember Cole, to
approve Resolution No. R2004-78.
City Manager, Bill Eisen, stated this item is requesting some additional personnel within
this area. This is an opportunity to expand the City's School Resource Officer Program.
Police Chief, J.C. Doyle, stated the department applied for additional funding from the
U.S. Department of Justice for the 2004 Cops in Schools Grant Program for two School
Resource Officers. The maximum amount of $250,000 at a $48,000 match, spread out
over three years has been requested. An agreement with the School District would
determine how the funds are distributed over the years. One officer will be located at
the PACE Center and the other at the 9t" Grade Campus.
Councilmember Owens asked how many School Resource Officers are currently in the
Program.
Police Chief, J.C. Doyle, stated the department currently has eight officers in the
program.
Councilmember Marcott asked if the $48,000 is what the City and School District would
need to pay.
Police Chief, J.C. Doyle, stated the City and School District would need to pay this
amount spread out over the three years. The total amount is currently at $6,612 per
officer in one year. It increases to $8,125 the next year. He further stated this amount
increases each year.
Discussion ensued among Council and Staff regarding the funds and the school year
time period.
Councilmember Marcott stated this is a great deal.
Police Chief, J.C. Doyle, stated officers will be utilized during the school year for nine
months and will also be utilized throughout the City once released from the School.
These officers will be used for Bike Patrol, Municipal Courts, and other areas of patrol.
Councilmember Cole asked if these are these are the two schools that do not have a
School Resource Officer currently.
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Police Chief, J.C. Doyle, stated there is an officer currently at the 9t" Grade Center, but
another is really needed.
Discussion ensued among Council and Staff regarding the schools' population and
School Resource Officers.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2004-80 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN ADVANCED FUNDING
AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR
TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTION OF FM 518 AND
SUNRISE LAKE BOULEVARD. Mr. Alan Mueller, Deputy City Manager.
Councilmember Marcott made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2004-80.
City Manager, Bill Eisen, stated this is an agreement with the Texas Department of
Transportation for installation of a traffic signal at the primary entrance of the Sunrise
Lakes Subdivision off of FM 518 in the western portion of the City. The developer of the
Sunrise Lakes Subdivision is providing funds in the amount of $58,100. Any additional
cost would be provided by the Texas Department of Transportation. Due to the Texas
Department of Transportation regulations, the agreement needs to be between the City
and the Texas Department of Transportation. The agreement has the City's information
on it, but the developer will be providing the local funds for the project.
Councilmember Marcott asked if this has delayed the installation of the traffic signal.
City Manager, Bill Eisen, stated this has been pending for some time.
Councilmember Cole asked for the estimated time frame on placing the traffic signal on
FM 518.
City Manager, Bill Eisen, stated the work should start shortly after the agreement. He
will get the information from the Department of Transportation and provide it to Council.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Page 13 of 17 — 5/24/2004
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2004-77 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION OF PARKING IMPROVEMENTS AT THE PEARLAND SERVICE
CENTER. Mr. Bill Eisen, City Manager.
Councilmember Cole made the motion, seconded by Councilmember Marcott, to
approve Resolution No. R2004-77.
City Manager, Bill Eisen, stated this relates to the new building purchased adjacent to
the Service Center. This facility is now occupied by the Parks Department. Bids were
taken for certain improvements to the building and the construction of a masonry wall.
Both bids came in very favorable. Additional paving is needed and bids have been
received for those services. Those bids are very favorable as well and are within the
funded amount. The low bid for the construction services for parking improvements is in
the amount of $78,551.
Councilmember Marcott stated head -in parking is eliminated along East Orange and
Old Alvin. He asked for information regarding visitor parking if this elimination takes
place.
Public Works Director, Jerry Burns, stated the head -in parking generally takes place on
Old Alvin. In the future the street will be widened. Parking will be allotted at the end of
the Service Center. Some parking will be allotted for visitors in the front. The area in
front of the Service Center is extremely dangerous and only five to six spaces will be
allotted for this area.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 1126-3 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 1126, THE 2003-2004 ANNUAL BUDGET ORDINANCE, BY
AUTHORIZING CERTAIN ALTERATIONS TO THE GENERAL FUND (MUNICIPAL
COURT AND PLANNING DEPARTMENT PERSONNEL FOR MUNICIPAL
PURPOSES); AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE
ALL ACTIONS NECESSARY TO FACILITATE THE CHANGES IDENTIFIED HEREIN
WITHOUT FURTHER APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE
Page 14 of 17 — 5/24/2004
DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ADJUST THE
CITY BUDGET INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE,
BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY. Mr. Tobin Maples, Executive Director of Community Services, Ms. Cheryl
Garcia, Court Administrator, & Ms. Lata Krishnarao, Planning Manager of Community
Development.
Councilmember Tetens made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 1126-3 on its first and only reading.
City Manager, Bill Eisen, stated generally Council and Staff do not like to consider
increases in personnel during the fiscal year; however, this item involves adding
personnel to the City during mid -year due to an increase in activity of the Municipal
Court and Planning & Zoning Department. One position would be added to the
Planning and Zoning Department, and two positions would be added to the Municipal
Court. He stated temporary people were utilized in order to help with the increases;
however, it is no longer a temporary issue, and additional personnel are requested at
this time.
Mayor Pro -Tem Viktorin asked if the Executive Director of Community Services, Tobin
Maples, compiled the Planning & Zoning information provided.
Executive Director of Community Services, Tobin Maples, stated Planning Manager of
Community Development, Lata Krishnarao, and her Staff compiled the information.
Discussion ensued among Council and Staff regarding the City of Galveston and the
number of zone change applications for the City of Galveston compared to the number
of zone change applications for the City of Pearland.
Discussion ensued among Council and Staff regarding the Technology Fund and Court
Security Fund.
City Manager, Bill Eisen, stated these funds could be used for computer technology and
salaries for security issues and measures.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Page 15 of 17 — 5/24/2004
Council adjourned into Executive Session under Texas Government Code at 8:29 p.m.
to discuss the following:
NEW BUSINESS (CONTINUED):
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.074 — PERSONNEL — REGARDING A LOCAL
GOVERNMENT CORPORATION. Mr. Bill Eisen, City Manager.
2. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY:
REGARDING LITIGATION — ZONING. Mr. Darrin Coker, City
Attorney.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 9:28 p.m.
COUNCIL ACTION — REGARDING A LOCAL GOVERNMENT CORPORATION.
Mr. Bill Eisen, City Manager.
No Council action taken.
COUNCIL ACTION — REGARDING LITIGATION - ZONING. Mr. Darrin Coker, City
Attorney.
Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Marcott,
directing the City Attorney to take action as directed in the Executive Session.
Voting "Aye" Councilmembers Marcott, Tetens, Owens, and Viktorin.
Voting "No" Councilmember Cole.
Motion Passed 4 to 1.
ADJOURNMENT
Meeting was adjourned at 9:29 p.m.
Page 16 of 17 — 5/24/2004
Minutes approved as submitted and/or corrected this the 141h day of June , A.D.
2004.
Tom Reid
Mayor
ATTEST:
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