2004-10-11 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON OCTOBER 11, 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
Deputy City Secretary
Tom Reid
Charles Viktorin
Richard Tetens
Woody Owens
Larry Marcott
Kevin Cole
Bill Eisen
Darrin Coker
LaKeisha Cannon -Scott
Others in attendance: Police Chief J.C. Doyle; City Engineer Doug Kneupper; Public
Affairs Liaison Lynn Munford; Parks and Recreation Director Rhonda Cyrus; EMS
Director Jeff Sundseth; Purchasing Officer Gordon Island; Project Director Joe Wertz;
Administrative Analyst Chris Kidwell; Planning Manager of Community Development
Lata Krishnarao; and Senior Planner Theresa Grahmann.
The invocation was given by Councilmember Cole and the Pledge of Allegiance was led
by Police Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported on September 28 he visited Webster City Hall for Pearland Council
Chamber Update and attended the Alliance of Houston Port Region Annual Meeting;
September 29 he attended State Representative Glenda Dawson's Reception;
September 30 he attended the South East Memorial Hospital Ground Breaking of the
professional building; October 1 he attended Saint Steven's Annual Bazaar; October 4
he attended an Agenda Meeting, State Representative Glenda Dawson's Luncheon, a
Council Meeting, and a Council Workshop; October 5 he attended the Gulf Coast
Builders Association Monthly Meeting, chaired Local Government Corporation Meeting,
and attended Jicama's Open House; October 6 he attended a Meeting with HCA Clear
Lake Hospital President and a meeting _with the Pearland Regional Hospital Board;
October 7 he met with Memorial Hospital South East President regarding Pearland
Regional Hospital, met with the Adult Reading Center Board of Directors, and attended
the South East Shrine Club Monthly Meeting; October 8 he attended the Chamber
Before Business Breakfast, and met with YMCA Board Members; October 9 he
attended the Meet the City Event, spoke at the Eagle Scout Court of Honor, and
attended a Ribbon Cutting Ceremony for Saint Helen's Church; October 11 he attended
the Council Chamber Renovation Committee Meeting.
Page 1 of 22 —10/11/2004
COUNCIL ACTIVITY REPORTS
Mayor Pro -Tem Viktorin reported he attended the Meet the City Event. He stated the
City and the Parks Department did a wonderful job. He stated he was very pleased with
the turnout and thinks it was exceptional.
Councilmember Tetens reported he attended the Meet the City Event and the weather
and event was great.
Councilmember Owens reported he attended the Luncheon for State Representative
Glenda Dawson, a function for the Public Works Association, three Golf Tournaments,
met with the Hospital Board, and attended the Houston Contractors Association Monthly
Meeting. He stated the Brazoria County Days would kick off in Austin in March. 1700
pounds of shrimp will be boiled for the Shrimp Boil Event. This will be the 33rd year and
the seventeenth trip to Austin.
Councilmember Marcott reported he attended the Meet the City Event and agrees that
the City did a wonderful job with this event. He attended the South East Memorial
Hospital Ground Breaking of the professional building. He is a member of the Brazoria
County Committee currently looking at the Brazoria County Fair Grounds. The fair
grounds are approximately 50 years old and it is not in the best of shape. The
committee is looking at trying to develop a facility that would be multi -used. He
supports the site being moved to SH 288, where it would be more accessible to
everyone..
Councilmember Cole reported he attended the Meet the City Event and the City did a
good job. He attended the Governor's Office Briefing for Economic Development with
the Executive Director of Economic Development Corporation Fred Welch. He stated it
was interesting to hear information regarding economic development during an election
year.
CITY MANAGER'S REPORT
City Manager Bill Eisen complimented Parks and Recreation Director Rhonda Cyrus
and Special Events Coordinator Dawna Weber for the great job done on the Meet the
City Event. He also complimented the various representatives of all the City
Departments for a good job. He stated the Economic Development Alliance for Brazoria
County has adopted a budget for the upcoming year. A part of the budget was greatly
expanding all of the recruitment and advertising programs.
Page 2 of 22 —10/11 /2004
CITIZENS
None
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES:
Minutes of the September 27, 2004, Regular Council Meeting held at 7:30
p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-732 — 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 10.0360
ACRE TRACT OF LAND BEING LOT 59 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
(GENERALLY LOCATED NORTH OF FM 518, AND ON THE WEST SIDE OF
HOOKS ROAD) (APPLICATION NO. 1175) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO PLANNED UNIT
DEVELOPMENT (PUD) AT THE REQUEST OF HAMILTON HOMES,
APPLICANT FOR JEFF AND GRACE LEE, 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. Ms. Lata Krishnarao, Planning Manager.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1181 — AN ORDINANCE EXTENDING THE
CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND
AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE
CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND
BOUNDARIES (SHADOW CREEK PARKWAY AT CLEAR CREEK);
APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH
LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED
TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY
CLAUSE. Mr. Darrin Coker, City Attorney.
Page 3 of 22 -10/11/2004
D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1182 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, FINDING THAT THE CITY
HAS ESTABLISHED GUIDELINES AND CRITERIA FOR GRANTING TAX
ABATEMENT PURSUANT TO RESOLUTION NO. R2003-121; DESIGNATING
AND DESCRIBING A REINVESTMENT ZONE (TO BE KNOWN AS
REINVESTMENT ZONE #12), IN ACCORDANCE WITH THE PROPERTY
REDEVELOPMENT AND TAX ABATEMENT ACT; FINDING THAT THE
IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD
BE A BENEFIT TO THE LAND TO BE INCLUDED IN THE ZONE AND THE
MUNICIPALITY AFTER THE EXPIRATION OF THE TAX ABATEMENT
AGREEMENT; AUTHORIZING THE CITY MANAGER TO SIGN TAX
ABATEMENT AGREEMENTS WHEN APPROVED BY THE CITY COUNCIL;
HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING
FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City
Attorney.
E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-733 — 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 10.407
ACRES, OUT OF LOTS 44, 45, AND 49, W. ZYCHLINSKI SUBDIVISION, AS
RECORDED IN VOLUME 29, PAGE 43, BRAZORIA COUNTY DEED
RECORDS, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 232, AND R.B.
LYLE SURVEY, ABSTRACT 542, PEARLAND, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED AT THE NORTHWEST CORNER OF STATE
HIGHWAY 35 (MAIN STREET) AND HALIK ROAD) (APPLICATION NO. 1182)
FROM CLASSIFICATION LIGHT INDUSTRIAL DISTRICT (M-1) TO PLANNED
UNIT DEVELOPMENT (PUD) AT THE REQUEST OF KERRY R. GILBERT &
ASSOCIATES, INC., APPLICANT FOR PAULUHN ELECTRIC
MANUFACTURING LLP, 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. Ms. Lata Krishnarao, Planning Manager.
F. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE
OF CAMBRIDGE LAKE SECTION ONE — PHASE 2. Mr. Doug Kneupper, City
Engineer.
G. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE
OF SHADOW CREEK RANCH SF -27. Mr. Doug Kneupper, City Engineer.
Page 4 of 22 —10/11 /2004
H. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE
OF SHADOW CREEK RANCH SF -33. Mr. Doug Kneupper, City Engineer.
I. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING
OF ORDINANCE NO. 1183 — AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE
AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE FOR THE
CONSTRUCTION OF ROAD AND UTILITY IMPROVEMENTS ON CERTAIN
REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY
ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE
SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED
WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF
THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS
THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY
UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND
PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
J. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING
OF ORDINANCE NO. 1184 — AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE
AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE FOR THE
CONSTRUCTION OF ROAD AND UTILITY IMPROVEMENTS ON CERTAIN
REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY
ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE
SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED
WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF
THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS
THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY
UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND
PROVIDING AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
K. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-166
— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, SUPPORTING LEGISLATIVE ACTIONS DESIGNED TO
CONTRIBUTE ADDITIONAL TRANSPORTATION FUNDING FOR THE
HOUSTON REGION. Mayor Tom Reid.
L. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-167
— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING A PARADE ROUTE FOR THE CITY'S ANNUAL
CHRISTMAS PARADE. Ms. Michelle Dunn, Recreation Superintendent.
Page 5 of 22 —10/11 /2004
M. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE
OF LA PALOMA. Mr. Doug Kneupper, City Engineer.
Councilmember Tetens asked that Consent Agenda Item B be removed from the
Consent Agenda for further discussion.
Councilmember Marcott asked that Consent Agenda Item L be removed from the
Consent Agenda for further discussion.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Viktorin, to
adopt Consent Agenda Items A through M with the exception of items B and L, as
presented on the Consent Agenda.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
Councilmember Tetens asked that Consent Agenda Item B be removed from the
Consent Agenda for further discussion.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-732 — 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 10.0360
ACRE TRACT OF LAND BEING LOT 59 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
(GENERALLY LOCATED NORTH OF FM 518, AND ON THE WEST SIDE OF
HOOKS ROAD) (APPLICATION NO. 1175) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO PLANNED UNIT
DEVELOPMENT (PUD) AT THE REQUEST OF HAMILTON HOMES,
APPLICANT FOR JEFF AND GRACE LEE, 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. Ms. Lata Krishnarao, Planning Manager.
Page 6 of 22 — 10/11/2004
Councilmember Tetens made the motion, seconded by Councilmember Marcott, to put
on the table Consent Agenda Item B, as presented on the Consent Agenda.
City Manager Bill Eisen stated the proposed development is located off of Hooks Road.
Councilmember Tetens stated he pulled this item because he voted against it last time
and he cannot support it because of the high density, lot coverage, and the set backs.
He feels that this development is not an asset to the City.
Councilmember Cole made the motion, seconded by Councilmember Owens to approve
Consent Agenda Item B, as presented on the Consent Agenda.
Voting "Aye" Councilmembers Owens, Viktorin, and Cole.
Voting "No" Councilmembers Tetens and Marcott.
Motion Passed 3 to 2.
Councilmember Marcott asked that Consent Agenda Item L be removed from the
Consent Agenda for further discussion.
L. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-167
— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING A PARADE ROUTE FOR THE CITY'S ANNUAL
CHRISTMAS PARADE. Ms. Michelle Dunn, Recreation Superintendent.
Councilmember Tetens made the motion, seconded by Councilmember Marcott, to
approve Consent Agenda Item L, as presented on the Consent Agenda.
City Manager, Bill Eisen, stated the City Ordinance regulating parades requires that if a
proposed route for a parade is not the specific designated route according to the
Ordinance, then the route must be approved by City Council. This item is related to the
Christmas Parade route. This route will start at the Pearland High School, traveling
down Oiler Drive along Pearland Parkway to First Baptist Church of Pearland. This is
not one of the designated routes according to the Ordinance, and it does require
Council action.
Councilmember Marcott stated he supports the parade. He is concerned about the
areas where there were very few people last year. He gave an example of John Lizer
Road. The cars should be placed on one side of the road, bringing the parade to John
Lizer and then turning around to go back. He suggested that the parade be easier for
the citizens to see. There is construction currently taking place in that area and it is
muddy. The City should do what is best in order to accommodate the people.
Page 7 of 22 —10/11/2004
City Manager, Bill Eisen, stated there are some things to look at in that area. He gave
some additional comments regarding possible changes to the parade route in the future.
It is tough finding a good area for the parade and parking.
Discussion ensued among Council and Staff regarding the parade route.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
NEW BUSINESS
FIRST READING OF ORDINANCE NO. 509-738 — 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 1.0927 ACRE TRACT OF LAND
OUT OF THE SOUTH 156.10 FEET OF LOT 44 OF THE ALLISON RICHEY GULF
COAST HOME COMPANY SUBDIVISION OF SECTION 20, H.T. & B.R.R. COMPANY
SURVEY, ABSTRACT 506, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE
MAP OR PLAT THEREOF RECORDED IN VOLUME 2, PAGE 23-24 OF THE PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE
EAST SIDE OF HILLHOUSE ROAD, AND NORTH OF FM 518 (BROADWAY
STREET)) (APPLICATION NO. 1187) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE
REQUEST OF SILVER PEAR 518 BUSINESS PARK, LTD., APPLICANT FOR
THEODORE AND MAMMIE MOORE, OWNERS, PROVIDING FOR AN AMENDMENT
OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community
Services.
Councilmember Owens made the motion, seconded by Councilmember Cole, to
approve Ordinance No. 509-738 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Application No. 1187.
City Manager Bill Eisen stated the applicant filed the zoning application in order to use
the piece of property for detention. The purpose is for the development of a retail center
on Broadway just east of Hill House Road.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Page 8 of 22 — 10/11/2004
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-739 — 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 18.325 ACRE TRACT OF LAND
IN THE T. D. YOAKUM SURVEY, ABSTRACT 399, AND THE A.C.H. & B. SURVEY,
ABSTRACT 147, BRAZORIA COUNTY, TEXAS, SAID TRACT BEING DESCRIBED IN
A DEED RECORDED IN CLERK'S FILE NO. 2004018266 IN THE BRAZORIA
COUNTY CLERK'S OFFICE (GENERALLY LOCATED ON THE NORTH SIDE OF
JOHN LIZER ROAD, AND EAST OF PEARLAND PARKWAY) (APPLICATION NO.
1189) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-1) TO
GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF CLARINDA
ROBERTSON, APPLICANT FOR VIVIEN NAEVE, 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. Nick Finan, Executive Director of
Community Services.
Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 509-739 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for denial of Application No. 1189.
City Manager Bill Eisen stated the zoning change was requested by the applicant in
order to construct an events center. He stated in order to approve the zone change it
would take at least three-quarters of Council's vote.
Linda Carr, 622 Hwy 3, addressed Council and stated she supports the events center.
Michelle Frugia, 2902 Whispering Winds Dr. #116, addressed Council and stated she is
in favor of the events center. She stated Pearland is the only city that does not have an
event center for receptions. She is going to get married in 2006 and wants to spend her
tax dollars in Pearland.
Charles Court, 3505 Wheatfield Court, addressed Council and stated he is a
homeowner in the Rivermist Subdivision. He stated neighbors have sent letters to the
City in opposition of the proposed events center. The neighbors are not opposed to the
ideal of an events center, but in opposition of the requested location. It is a large track
surrounded by residential areas that are already built out or being built out. He feels
Page 9 of 22 —10/11/2004
that it would bring too much traffic and noise into the area, diminishing the community's
quality of life.
Chris Lesak, 2602 Woodcreek, addressed Council and stated he is in favor of the
events center. He stated the city is in much need of an events center. He stated the
current zoning of the proposed location is not proper zoning for the events center. The
zoning of General Business would accommodate the events center zoning
requirements. The events center would be located along Pearland Parkway, which is a
major thoroughfare. This thoroughfare has the capacity to handle heavy amounts of
traffic. He stated there are areas within the proposed site that are already zoned
General Business. The proposed property is not feasible for its current zoning. A
single user of this parcel would be able to better utilize the land and preserve the land
better than a residential development.
Becky Cornelius, 2415 Golfcrest, addressed Council and stated she is in favor of the
events center. She feels that it is a needed project here in the City of Pearland.
Citizens of Pearland currently wait on a list in order to hold their events elsewhere. The
City of Pearland has events as well that are being held outside of the City because the
area and space are not available in Pearland. She stated the detention for this
particular project would be included within the landscaping. The building itself will not
cover the entire 18 acres. The design will fit within the trees. This particular piece of
property was chosen because it has the ambiance, trees, and character needed.
Cheaper properties in the area do not have this. The proposed property is a prime
piece of property. Something is needed like this in order to have a very nice and
exclusive event center. She stated a feasibility study has been conducted and it was
found that it is not feasible to have a residential subdivision on the property. The trees
would have to go if a residential subdivision is placed on the property. Pearland
Parkway is designed to move traffic in the area. John Lizer will be widened in the
future. The short time of traffic for the events center would be less than that of
residential traffic. She gave additional comments regarding the zoning of General
Business and stated the area is perfect for this events center.
Clarinda Robertson, 2118 Lake Road, addressed Council and stated she is the
President of the Sensational Event Solution, Inc. She stated she is in favor of the
events center. The events center would be located on John Lizer and would be
accessible to all areas of Pearland. This is what people need in Pearland. There is not
a nice place in the area to hold different events. She gave some brief details of the
proposed events center capacity and facilities. Ms. Robertson stated this is good usage
for the land. The property is currently surrounded by General Business zoning. She
stated a lot of the property's current landscaping will be maintained. Approximately 350
people will be employed during the first year.
Darendra Jiva, 1702 N. Main Street, addressed Council and stated he owns the Holiday
Inn Express in Pearland. His facility cannot hold certain events due to capacity limits.
Page 10 of 22 — 10/11/2004
He stated the proposed events center would be able to accommodate the events in
Pearland.
Michelle Hogan, 3402 Huisache Court, addressed Council and stated she is opposed to
the proposed events center. She lives in the Rivermist Subdivision adjacent to the
proposed events center property. She stated homeowners need the homes due to the
growth in Pearland. She stated almost all of the homeowners in the Rivermist
Subdivision are against the proposed events center. She gave her concerns regarding
the events that would take place at the events center possibly requiring emergency
medical services personnel.
Councilmember Tetens stated he thinks the event center is a good ideal. He thinks the
piece of property is probably a good location for it. The size of the property does not
seem adequate for residential development because of the amount of foot plan
incentive. He is in favor of the events center, but is concerned about the zoning. Once
the property is rezoned as General Business, anything that fits into General Business
zoning could be built on the property. If the applicant would request the zoning in the
form of a Planned Unit Development, then this would list the specific uses of the
property. He would be able to support the events center covered under a Planned Unit
Development request for zoning.
Mayor Pro -Tem Viktorin stated, as the Interim Chairman of the Pearland Arts League,
this proposed events center would be adequate for the Arts League events. During the
event held last May, the Pearland Arts League struggled desperately for a location.
This facility seems drastically needed for the Pearland area. He asked if Pearland
Parkway is not going to handle the traffic for the facility, then bring a suggestion that
would handle the traffic. He stated if this request is denied and the applicant decides to
build somewhere else, then the City probably would have a situation where other streets
would need to be improved in order to accommodate traffic for the facility. He thinks
there are few locations in Pearland that offer the advantages of the current proposed
location. He feels that the same comments would be generated from citizens in other
areas. Unfortunately, increased traffic is part of the growing pains of the City. This
facility would bring in a tremendous amount of economic growth for development.
Councilmember Cole stated the proposed events center would be located on John
Lizer, which currently has General Business zoning along the frontage of Pearland
Parkway. A strip center could be built today in the same area with no request of a
zoning change. Some type of business venture could be constructed in the area
currently. He gave some additional comments about events that are being conducted
outside of the City due to the lack of a location within the City.
Councilmember Tetens stated he understands what Councilmember Cole stated;
however, this proposed zone change would be for 18 acres of land. The area currently
zoned General Business does not consist of 18 acres of land.
Page 11 of 22 — 10/11/2004
Councilmember Owens stated it is currently becoming difficult for the City to find a
location for its Annual Christmas Party. The Pearland High School Girls Basket Ball
Banquet was held in Clearlake because of the facility needs. If residential development
is placed on this property, almost every tree would be taken down because of the fill
requirements. The proposed events center is probably one of the best uses for this
particular area. This is one of the better places for the center.
Councilmember Marcott asked for clarification regarding different zoning possibilities for
the property.
City Attorney Darrin Coker stated the property could not be zoned General Business
with stipulations from Council. He stated this is contract zoning. The only way to
achieve the stipulations would be through a Planned Unit Development.
Mayor Pro -Tem Viktorin asked if the zoning of Office Professional would be sufficient for
the events center. He stated it is a little more restrictive.
Councilmember Owens stated Neighborhood Services zoning follows after the Office
Professional zoning.
Councilmember Tetens stated Office Professional would be better than Neighborhood
Services because of certain limitations.
Mayor Reid stated this is a good location for the events center because of the
surrounding areas of the property.
Discussion ensued among Council and Staff regarding possible alternative zoning for
the property in order to accommodate an events center.
City Attorney Darrin Coker stated outdoor uses other than mobile refreshment stands,
accessory parking and loading, and placement and servicing of refuse containers for
permitted uses are not allowed in the Office Professional zoning.
Councilmember Tetens stated it would be sensible to have a Planned Unit Development
since the property has to be rezoned anyway.
Councilmember Owens stated it is probably a lot bigger burden on the applicant to
generate a Planned Unit Development for the proposed events center. He stated that
Council is rezoning the land, but is also questioning whether the applicant is going to
continue with their development plan. It is deceptive when we question the intent of the
applicant.
Councilmember Tetens stated that every project does have to be questioned if there are
Page 12 of 22 — 10/11/2004
uses that can go in particular areas that are not good for those areas. He does not
doubt the current applicant, but something could happen that allows another business to
come in and develop anything that is allowed in General Business zoning. If a specific
thing is requested for placement on the property, then the correct zoning needs to be
requested that would allow it, but not for other uses. He asked Staff for clarification on
why the Planning & Zoning Commission did not approve of the zone change.
Executive Director of Community Services Nick Finan stated, during the Planning &
Zoning Commission discussion, there was some concern about control of the property if
it was zoned General Business. They discussed if the applicant could possibly request
the zone change through a Planned Unit Development. There was also discussion
regarding the recent Comprehensive Plan update. Additional discussion concerning
traffic and the applicant possibly deciding to do something else on the property once
zoned General Business.
Discussion ensued among Council regarding the current zoning and the overlay for the
property.
City Manager Bill Eisen stated Council has received a communication from the Planning
& Zoning Commission asking Council to consider tabling the item and holding a
workshop with the Planning & Zoning Commission regarding the item.
Councilmember Owens stated in the future, he would like to see some comments added
to the package from the Planning & Zoning Commission regarding why a zoning request
is denied.
Voting "Aye" Councilmembers Owens, Viktorin, Marcott, and Cole.
Voting "No" Councilmember Tetens.
Motion Passed 4 to 1.
FIRST READING OF ORDINANCE NO. 509-740 — 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 10.00 ACRES OF LAND,
SITUATED IN THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 17,
H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 242, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED AT THE NORTHEAST CORNER OF FITE ROAD AND
COUNTY ROAD 89 (OLD CHOCOLATE BAYOU ROAD)) (APPLICATION NO. 1191)
FROM CLASSIFICATION PLANNED UNIT DEVELOPMENT (PUD) TO GENERAL
BUSINESS DISTRICT (GB) AT THE REQUEST OF MICHAEL POLLOK, APPLICANT
FOR FITE INTERESTS, LTD., OWNER, PROVIDING FOR AN AMENDMENT OF THE
LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
Page 13 of 22 —10/11 /2004
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE
SUBJECT. Mr. Nick Finan, Executive Director of Community Services.
Councilmember Marcott made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 509-740 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Application No. 1191.
City Manager Bill Eisen stated this would allow the construction of a townhouse type
development. The applicant is requesting the zone change in order to allow a front
office in retail.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" Councilmembers None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-741 — 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 1.25 ACRES OF LAND, TRACT
9A2C, ABSTRACT 546, H.T. & B.R.R. COMPANY SURVEY, BRAZORIA COUNTY,
TEXAS (LOCATED AT 6222 TERRELL DRIVE) (APPLICATION NO. 1192) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-1) AT THE REQUEST OF FATIMA E. AND PEDRO S.
HERNANDEZ, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Mr. Nick Finan, Executive Director of Community Services.
Councilmember Cole made the motion, seconded by Mayor Pro -Tem Viktorin, to
approve Ordinance No. 509-741 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Application 1192.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
Page 14 of 22 — 10/11/2004
COUNCIL ACTION — RESOLUTION NO. R2004-164 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE BARRY ROSE ROAD
PROJECT. Mr. Bill Eisen, City Manager.
Councilmember Tetens made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2004-164.
City Manager Bill Eisen stated bids have been received by the City regarding this
project. Approval in awarding the bid to Hassle Construction is recommended.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2004-161 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK
AUTHORIZATION #1 SUPPLEMENT #16 FOR CONSTRUCTION MANAGEMENT
SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND
PROGRAM (BARRY ROSE ROAD PROJECT). Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Viktorin, to
approve Resolution No. R2004-161.
City Manager Bill Eisen stated the proposed agreement is with Turner, Collie and
Braden regarding a previous general agreement. The amount for construction services
is for $81,303 and Turner, Collie and Braden is recommended due to the complexity of
the work and certain changes.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2004-162 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK
AUTHORIZATION #9 SUPPLEMENT #8 FOR CONSTRUCTION MATERIALS
TESTING SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND
DRAINAGE BOND PROGRAM (BARRY ROSE ROAD PROJECT). Mr. Bill Eisen, City
Manager_
Page 15 of 22 — 10/11/2004
Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2004-162.
City Manager Bill Eisen stated this is for materials testing associated with the Barry
Rose Road Project. QC Laboratories is recommended for the extensive work.
Councilmember Marcott asked for Council to have documentation regarding the current
status of any project budgets in the future. Council would then know how current
projects are doing.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2004-163 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK
AUTHORIZATION #9 SUPPLEMENT #9 FOR CONSTRUCTION INSPECTION
SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND
PROGRAM (BARRY ROSE ROAD PROJECT). Mr. Bill Eisen, City Manager.
Councilmember Marcott made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2004-163.
City Manager Bill Eisen stated this item is for construction inspection services on Barry
Rose Road. The firm recommended is ESPA Corporation, which is currently involved in
some construction inspections for the City with the Projects Department.
Councilmember Cole asked for clarification regarding the budget for the Barry Rose
Road Project.
Discussion ensued among Council and Staff regarding the total construction budget for
the Barry Rose Road Project.
Councilmember Cole stated that over time, some of the savings from these projects
could be allocated to other projects within the City.
City Manager Bill Eisen stated the information would be provided to Council and Turner,
Collie and Braden could also give this information during their monthly updates.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Page 16 of 22 —10/11 /2004
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2004-160 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK
AUTHORIZATION #4 SUPPLEMENT #16 FOR MATERIAL TESTING SERVICES
ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM
(CORRIGAN DETENTION POND PROJECT).
Mr. Bill Eisen, City Manager.
Councilmember Cole made the motion, seconded by Councilmember Marcott, to
approve Resolution No. R2004-160.
City Manager Bill Eisen stated this is regarding a materials testing contract for the
Corrigan detention pond. This would be for phase two of the work associated with the
project. Geotest Engineering is the proposed company recommended for the project.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2004-165 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING ONE (1)
REPRESENTATIVE AND ONE (1) ALTERNATE TO THE HOUSTON-GALVESTON
AREA COUNCIL 2004 GENERAL ASSEMBLY AND BOARD OF DIRECTORS. Mayor
Tom Reid.
Councilmember Tetens made the motion, seconded by Councilmember Marcott, to
approve Resolution No. R2004-165, appointing Tom Reid as the representative and
Richard Tetens as the alternate representative to the Houston -Galveston Area Council
2004 General Assembly and Board of Directors.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2004-169 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING WATER RATES
Page 17 of 22 — 10/11/2004
FOR WALKER WATER WORKS, INC. (WATER CCN NO. 11862). Mr. Darrin Coker, _
City Attorney.
i
Councilmember Owens made the motion, seconded by Councilmember Cole, to
approve Resolution No. R2004-169, including a copy of the conducted Public Hearing
Minutes and cassette detailing the services and water quality as stated by the citizens.
City Manager Bill Eisen stated this is an item on which Council held a Public Hearing
regarding a proposed increase from Walker Water Works. The proposed rate increase
was 54%. The City employed a firm to analyze the submittal by Walker Water Works.
The firm recommended some modifications to the request by Walker Water Works. The
motion that is made will support the RW & Beck recommendation.
City Attorney Darrin Coker stated that the resolution supports the statement made by
the Walker Water Works representative during the Public Hearing. The Walker Water
Works representative stated that if Council chooses to go with anything less than the
requested amount, they would appeal it through the Texas Commission on
Environmental Quality. He also recommended that if this is the case, he recommends
that Council should deny it completely rather than grant a 39% increase. At the present
moment Council has suspended the rates. The current rates would remain in effect
until the appeal to the Texas Commission on Environmental Quality is finalized. The
decision of the Texas Commission on Environmental Quality would be retroactive.
Discussion ensued among Council regarding the proposed water rate increase.
City Attorney Darrin Coker stated Council would be acting on the request by rejecting
the proposed increase. He stated RW Beck's recommendation would be forwarded with
the submittal to the Texas Commission on Environmental Quality. He stated a certified
copy of the minutes of the Public Hearing needs to be included with the submittal to the
Texas Commission on Environmental Quality.
City Manager Bill Eisen stated if Council rejects the proposed water rate increase on the
basis of quality service, then justification is given in regards to the citizens' comments.
This could be part of the motion.
Additional discussion ensued among Council and Staff regarding the minutes and tape
recording being sent with the Council's recommendation submittal.
Councilmember Owens stated one of Council's biggest concerns was the lack of service
and water quality stated by the citizens.
Councilmember Marcott asked if Council could receive a map that details the areas that
are served by a private water company.
Page 18 of 22 —10/11 /2004
City Attorney Darrin Coker stated a copy of the Certificate of Convenience and
Necessity would be given to Council.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2004-168 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A COMPREHENSIVE
HAZARD MITIGATION PLAN IN ACCORDANCE WITH THE REQUIREMENTS OF
THE FEDERAL EMERGENCY MANAGEMENT AGENCY. Ms. Cynthia Alcala, Grant &
Strategic Planning Coordinator.
Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2004-168.
City Manager Bill Eisen stated this process is to provide the City with a better plan and
allow the City to be applicable for various types of grant programs that require a plan of
this type. Mr. Jeff Ward has completed the plan and the Federal Emergency
Management Agency (FEMA) has approved the plan pending approval by City Council.
Michael Klaus, 5016 Groveton, addressed Council and stated he is concerned about the
data analysis and input. He stated if the City had used citizens or stakeholders as part
of the input, then it would have received additional points. He stated this would also
bring knowledge about the things that happened in the past. He is also concerned
about subsidence. There may be some areas in the City that have problems with
subsidence because of the city wells and similar items. This plan could also be used as
part of the Flood Plain Management Plan for the Corps of Engineers. He is concerned
that the level of planning in this plan does not cover the entire Clear Creek Water Shed.
He gave additional comments regarding his concerns and not seeing Pearland as part
of the Community Rating System (CRS) Program.
Mr. Jeff Ward addressed Council and stated the comments made by Mr. Klaus on
various levels are true. The planning process does include public involvement. The
CRS process does give more points if the public is more involved. The City and the City
officials made a conscious decision to include the public and this did yield approximately
six additional points. The FEMA is waiting for a resolution of adoption to finalize the
plan as an approved plan through FEMA. In the state of Texas, Pearland is the fifth
community in the entire state to get a plan approved. The plan has gone through
extensive review and was much more complicated than originally thought. The CRS
application has been submitted. This approval is pending the final plan adoption.
Page 19 of 22 — 10/11/2004
City Manager Bill Eisen stated citizen involvement did take place. Questionnaires were
sent out to the citizens within the flood plain. This provided everyone an opportunity to
submit comments.
Mr. Jeff Ward stated 3500 surveys were submitted through various processes. 280
citizens responses were received. The comments were reviewed and discussed during
the public meeting held on October 29, 2003. An analysis update to the plan needs to
take place every five years per FEMA requirements.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2004-170 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN AGREEMENT WITH
REINVESTMENT ZONE NUMBER TWO, CITY OF PEARLAND, TEXAS AND THE
DEVELOPMENT AUTHORITY OF PEARLAND. Mr. Darrin Coker, City Attorney.
Councilmember Marcott made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2004-170.
City Manager, Bill Eisen, stated this agreement is between the City, the Tax Increment
Reinvestment Zone No. 2 (TIRZ No. 2), and the Development Authority of Pearland. It
sets the recognition and provisions for reimbursement to the developer for
improvements made in TIRZ No. 2. It also specifies the role of the City, TIRZ No. 2,
and the Development Authority of Pearland with regards to any reimbursements. TIRZ
No. 2 and the Development Authority of Pearland have approved the document.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2004-171 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
DEVELOPMENT AUTHORITY OF PEARLAND TO MAKE REIMBURSEMENT
PAYMENTS AS RECOMMENDED BY REINVESTMENT ZONE NUMBER TWO, CITY
OF PEARLAND, TEXAS. Mr. Darrin Coker, City Attorney.
Page 20 of 22 — 10/11/2004
'^ Councilmember Cole made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2004-171.
City Manager, Bill Eisen, stated one of the steps in the process for reimbursement to the
developer is the determination that the projects which are being billed were completed.
This would allow TIRZ No. 2 and Development Authority Board meetings to take place
discussing and approving the reimbursements. It would also allow Council to take
formal action.
A brief discussion ensued among Council regarding the 8% interest rate if funds for
reimbursement are not all available.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:37 p.m.
to discuss the following:
NEW BUSINESS (CONTINUED):
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.074 - PERSONNEL MATTERS - REGARDING
VARIOUS APPOINTMENTS TO PEARLAND BOARDS AND
COMMISSIONS. Mr. Darrin Coker, City Attorney.
2. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY -
REGARDING THE CITY OF PEARLAND CODE OF ORDINANCES.
Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 10:50 p.m.
COUNCIL ACTION - REGARDING VARIOUS APPOINTMENTS TO PEARLAND
BOARDS AND COMMISSIONS. City Council.
No Council action taken
Page 21 of 22 -10/11 /2004
COUNCIL ACTION — REGARDING THE CITY OF PEARLAND CODE OF
ORDINANCES. City Council.
No Council action taken.
ADJOURNMENT
Meeting was adjourned at 10:51 p.m.
Minutes approved as submitted and/or corrected this the 8t" day of November ,
A.D., 2004.
Tom Reid
Mayor
ATTEST:
Page 22 of 22 — 10/11/2004