2004-12-13 CITY COUNCIL REGULAR MEETING MINUTES - 7:00PM MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON DECEMBER 13, 2004, AT 7.00 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-Tern Charles Viktorin
Councilmember Richard Tetens
Councilmember Woody Owens
Councilmember Larry Marcott
Councilmember Kevin Cole
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 Nick Finan, Executive Director of Economic Development
Corporation Fred Welch, Marketing Manager of PEDC Will Benson, Police Chief J C
Doyle, City Engineer Doug Kneupper; Public Affairs Liaison Lynn Munford, Director of
Finance Andrea Garner; Parks & Recreation Director Rhonda Cyrus, Deputy City
Attorney Nghiem Doan, Fire Marshal Steve Chapman, EMS Director Jeff Sundseth,
Purchasing Officer Gordon Island, Project Director Joe Wertz; and Senior Planner
Theresa Grahmann
The invocation was given by Councilmember Cole and the Pledge of Allegiance was led
by Cub Scout Pack 468 Den 3 — Adult Leaders Glen Yarneau and Dennis Poplin, Cub
Scouts Adam Strouhal, Ben Hightower, Bradley Wood, Christopher Yarneau, and Jason
Poplin
MAYOR'S ACTIVITY REPORT
Mayor Reid reported on November 23 he met with Alan Mueller and Dan Olsen
regarding landscaping of the Parkway turnaround, November 24 he attended the funeral
of Lance Corporal Billy Miller; November 29 he attended the PEDC Meeting, Council
Workshop, and Council Special Meeting, November 30 he attended the Brazoria County
Tax Abatement Review Committee Meeting, December 2 he met for a breakfast
meeting with a Pearland Chamber of Commerce member, attended a lunch meeting
with Commissioner Elston of the Bay Area Transportation Partnership, and welcomed
citizens to Christmas Concert and Tree Lighting Ceremony; December 3 he attended
the Annual Christmas Meeting for the Czech Catholic Fraternal of Texas, December 4
he attended the funeral of Chris Brooks — Electrical Board Member and rode in the
Annual City Parade, December 6 he attended an Agenda Meeting, met with Rhonda
Cyrus on Clear Creek Nature Tourism Council, attended the monthly Pearland
Page 1 of 16— 7'00 p m 12/13/2004
Independent School District Education Improvement Committee Meeting, Council
Workshop, and Council Special Meeting, December 7 he spoke to high school students
on December 7th Pearl Harbor Day, met With consultant on Old Town Site plans,
attended the Old Town Site Planning Public Hearing and Neighborhood Center Annual
Soup Kitchen Event, and spoke to the Newly chartered Pearland Optimist Club,
December 8 presented proclamations to retiring Drainage Commissioners Roger Davis
and Ben Lenamon and visited the Pearland Neighborhood Center Annual Share Your
Christmas Event; December 8-10 he attended the quarterly meeting as past President
of the Texas Association of Regional Councils of Government in Austin, December 11
he attended the Open House and Grand Opening of The Vital Care Medical Center and
the Vision Source Optometrist, attended the Open House by Randy Ferguson — PEDC
Chair, and the Annual City Christmas Party; December 12 he attended the Open House
for Meals on Wheels Volunteers, December 13 he attended a PEDC Meeting
COUNCIL ACTIVITY REPORTS Passed
CITY MANAGER'S REPORT: Passed
CITIZENS
Alan Eddy, 2824 Piper Road, addressed Council and stated he appreciates the work
that has been done in his area of Pearland He stated the ditches were worked on by
the City recently and they are not draining fully He has some concerns regarding the
high traffic flow on Piper Road He is concerned for the children who walk to school and
the pets. Some pets have already been lost because of the traffic.
Mayor Reid, with Council concurrence, moved to New Business Item No 1, No 2, &
No 3
FIRST READING OF ORDINANCE NO. 509-750 — 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 2 00 ACRES OF LAND, MORE
OR LESS, OUT OF LOT 43, OF FIGLAND ORCHARD SUBDIVISION OF THE H T &
B R.R. COMPANY SURVEY, SECTION 13, ABSTRACT 240, BRAZORIA COUNTY,
TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN VOLUME
3, PAGE 77 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED ON THE EAST SIDE OF WAGON TRAIL ROAD, AND
SOUTH OF FITE ROAD) (APPLICATION NO. 1199) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY
DWELLING DISTRICT (R-E) AT THE REQUEST OF MARY JONES, OWNER,
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE
Page 2 of 16 — 7'00 p m 12/13/2004
DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT Mr Nick Finan,
Executive Director of Community Services.
FIRST READING OF ORDINANCE NO. 509-751 — 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 2 50 ACRES OF LAND IN THE
FIGLAND ORCHARD SUBDIVISION, ABSTRACT 240, H T & B R.R. COMPANY
SURVEY, LOT 54 (GENERALLY LOCATED ON THE EAST SIDE OF HARKEY ROAD,
AND SOUTH OF FIGLAND STREET) (APPLICATION NO. 1201) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT
SINGLE FAMILY DWELLING DISTRICT (R-E) AT THE REQUEST OF MARSHALL E.
AND EMMA E TEMPLE, 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 Tetens made the motion, seconded by Councilmember Owens, to
approve Ordinance No 509-750 on its first reading and Ordinance No 509-751 on its
first reading
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
II to forward to Council for approval of Application No 1199 and Application No 1201
City Manager Bill Eisen stated Item No 1 is for the construction of one single family
home The owner of the property for Item No 2 plans to sale it for single family uses.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole
Voting "No" None.
Motion Passed 5 to 0
FIRST READING OF ORDINANCE NO. 509-752 — 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 34 ACRES OF LAND
SITUATED IN THE H T & B R.R. COMPANY SURVEY, ABSTRACT 304, BEING A
PORTION OF LOTS 38, 39, AND 40 OF THE ALLISON RICHEY GULF COAST HOME
COMPANY SUBURBAN GARDENS SUBDIVISION, SECTION 85 AS SHOWN ON
PLAT RECORDED UNDER VOLUME 2, PAGE 107 OF THE PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS, AS DESCRIBED IN DEED AND RECORDED IN THE
OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF BRAZORIA COUNTY,
Page 3 of 16 — 7.00 p m 12/13/2004
TEXAS, UNDER COUNTY CLERK'S FILE NO 2001 013638 AND 99 005373
(GENERALLY LOCATED ON THE NORTH SIDE OF FM 518 (BROADWAY STREET),
AND WEST OF MILLER RANCH ROAD (COUNTY ROAD 93)) (APPLICATION NO
1188) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) AND
COMMERCIAL DISTRICT (C) TO GENERAL BUSINESS DISTRICT (GB) AND
SINGLE FAMILY DWELLING DISTRICT — SPECIFIC USE PERMIT (R-1(S)), A
SPECIFIC USE PERMIT FOR STORMWATER DETENTION FACILITIES AT THE
REQUEST OF W C PROPERTIES, LTD , 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.
Councilmember Owens made the motion, seconded by Mayor Pro-Tem Viktorin, to
approve Ordinance No 509-752 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 1188
City Manager Bill Eisen stated this item was discussed a couple of months ago by a
developer The owner had proposed rezoning of the northern most portion of the land
During that discussion, Council inquired if the owner would be willing to look at rezoning
the entire tract of land That has been incorporated into the current zoning case for
consideration by Council
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0
FIRST READING OF ORDINANCE NO. 509-753 — 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 2 00 ACRES, WILLETTS
SUBDIVISION, ABSTRACT 70, W D C HALL SURVEY, LOT 2, 2C, 2D, 2C1, 2D1,
AND 2E, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE NORTH SIDE OF FM 518 (BROADWAY STREET), AND EAST OF
HAMM ROAD) (APPLICATION NO 1200 & SPECIFIC USE PERMIT APPLICATION
NO 138) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO GENERAL
BUSINESS DISTRICT — SPECIFIC USE PERMIT (GB(S)), A SPECIFIC USE PERMIT
FOR STORAGE AND MINI-WAREHOUSE, AT THE REQUEST OF ROBERT
MCCONNELL AND GJR INVESTMENT MANAGEMENT, INC , APPLICANT FOR
TEXAS NO 4, LTD , OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND
Page 4 of 16 — TOO p m 12/13/2004
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.
Passed with no Council action taken
Mayor Reid, with Council concurrence, moved to Executive Session
OTHER BUSINESS:
Council recessed into Executive Session under Texas Government Code at 7 30 p m to
discuss the following
NEW BUSINESS (CONTINUED)•
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.087 — CONSULTATION WITH CITY ATTORNEY —
REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS
Mr Darrin Coker, City Attorney
NEW BUSINESS (CONTINUED)
Council returned from Executive Session at 8 31 p m
COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS
City Council
No Council action taken
Mayor Reid, with Council concurrence, moved back to the regular order of business.
DOCKETED PUBLIC HEARING None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION —APPROVAL OF MINUTES
1 Minutes of the April 19, 2004, Joint Public Hearing held at 6 30 p m
2 Minutes of the June 21, 2004, Joint Public Hearing held at 6 30 p m
3 Minutes of the July 19, 2004, Joint Public Hearing held at 6 30 p m
4 Minutes of the November 8, 2004, Public Hearing held at 6.30 p m
5 Minutes of the November 15, 2004 Special Council Meeting held at 6 00
pm
Page 5 of 16 — 7.00 p m 12/13/2004
6 Minutes of the November 22, 2004 Regular Council Meeting held at 7 30
pm
7 Minutes of the November 29, 2004 Special Council Meeting held at 6.00
pm
8 Minutes of the December 6, 2004 Special Council Meeting held at 6 00
pm
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO 1189 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, DISCONTINUING AND
DISANNEXING CERTAIN TERRITORY FROM THE CITY AND ADJUSTING
THE CITY'S BOUNDARIES ACCORDINGLY, CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE. Mr Darrin Coker, City Attorney
C. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE
OF SHADOW CREEK RANCH SF 36 Mr Doug Kneupper, City Engineer
D CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE
OF SHADOW CREEK RANCH SF 38-A. Mr Doug Kneupper, City Engineer
E. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING
OF ORDINANCE NO. 1192 — 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
F CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING
OF ORDINANCE NO. 1191 — 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
Page 6 of 16 — TOO p m 12/13/2004
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
G CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO R2004-201
— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, REAPPOINTING MEMBERS TO THE CITY OF PEARLAND TAX
INCREMENT REINVESTMENT ZONE NO 2. Mr Alan Mueller, Deputy City
Manager
H CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO R2004-200
— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, ACCEPTING THE CITY'S INVESTMENT REPORT FOR THE
QUARTER ENDING SEPTEMBER 2004 Mr Bill Eisen, City Manager
I. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO R2004-205
— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING
ARRANGEMENT WITH THE HOUSTON-GALVESTON AREA COUNCIL
(HGAC) AND THE BUYBOARD FOR THE PURCHASE OF CAPITAL
EQUIPMENT Mr Bill Eisen, City Manager
J CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-206
— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AWARDING A BID AND AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO ENTER INTO A LEASE/PURCHASE AGREEMENT WITH
FROST BANK FOR THE PURCHASE OF CAPITAL EQUIPMENT
Mr Bill Eisen, City Manager
K. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO R2004-209
— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING
ARRANGEMENT WITH THE HOUSTON-GALVESTON AREA COUNCIL
(HGAC) FOR THE PURCHASE OF MOBILE AND HANDHELD RADIOS
Mr Bill Eisen, City Manager
L. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-204
— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING
ARRANGEMENT WITH THE HOUSTON-GALVESTON AREA COUNCIL
Page 7 of 16 — 7'00 p m 12/13/2004
(HGAC) FOR THE PURCHASE OF ROLLING STOCK VEHICLES
Mr Bill Eisen, City Manager
Councilmember Marcott asked that Consent Agenda Items B and I be removed from the
Consent Agenda for further discussion
Councilmember Tetens made the motion, seconded by Mayor Pro-Tern Viktorin, to
adopt Consent Agenda Items A through L with the exception of Items B and I, as
presented on the Consent Agenda.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None
Motion Passed 5 to 0
MATTER REMOVED FROM CONSENT AGENDA
Councilmember Marcott asked that Consent Agenda Item B be removed from the
Consent Agenda for further discussion
SECOND AND FINAL READING OF ORDINANCE NO 1189 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DISCONTINUING AND
DISANNEXING CERTAIN TERRITORY FROM THE CITY AND ADJUSTING THE
CITY'S BOUNDARIES ACCORDINGLY, CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE AND A REPEALER CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE. Mr Darrin Coker, City Attorney
Councilmember Tetens made the motion, seconded by Councilmember Owens, to
approve Consent Agenda Item B (Ordinance No 1189) on its second and final reading
Deputy City Manager Alan Mueller stated this is the second reading of a disannexation
of a portion of the 100-foot strip along CR 48 This is part of a development agreement
with the developer in this area
Councilmember Marcott stated he has been opposed to this from the beginning and he
is still opposed
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, and Cole
Voting "No" Councilmember Marcott.
Motion Passed 4 to 1
Page 8 of 16 —7.00 p m 12/13/2004
Councilmember Marcott asked that Consent Agenda Item I be removed from the
Consent Agenda for further discussion
COUNCIL ACTION — RESOLUTION NO. R2004-205 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL
COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON-GALVESTON
AREA COUNCIL (HGAC) AND THE BUYBOARD FOR THE PURCHASE OF CAPITAL
EQUIPMENT Mr Bill Eisen, City Manager
Councilmember Tetens made the motion, seconded by Councilmember Owens, to
approve Consent Agenda Item I (Resolution No R2004-205).
Deputy City Manager Alan Mueller stated these were several pieces of heavy
equipment that were included this year's budget. Due to the cost of the projects, they
are being lumped together, and will be financed with short term financing
Councilmember Marcott stated he pulled the item due to an important issue, these
items. He stated the City will be refurbishing an ambulance once the resolution is
approved This needs to take place as soon as possible so the ambulance can be used
quickly
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None
Motion Passed 5 to 0
NEW BUSINESS
COUNCIL ACTION — RESOLUTION R2004-198 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A CORRIDOR
ACCESS MANAGEMENT PLAN FOR FM 518 Mr Alan Mueller, Deputy City Manager
Councilmember Owens made the motion, seconded by Mayor Pro-Tem Viktorin, to
approve Resolution No R2004-198
Deputy City Manager Alan Mueller stated this is the FM 518 Corridor Management Plan
This has been in progress for approximately one and a half year The HGAC
Transportation Policy Council has adopted the study At this point, the study has been
sent out to the three participating cities — Pearland, League City, and Friendswood for
their adoption and implementation The primary items included in the study are center
median improvements, signal retiming, restriping of cross streets, additional traffic
signal coordination, driveway consolidation, turn lanes, and general signage and lighting
Page 9 of 16 — TOO p m 12/13/2004
improvements During the public meeting process, there was approximately four to five
individual locations that have problems with medians. These were resolved The Texas
Department of Transportation (TxDOT) has applied for funding for the project. When
the highway bill is adopted, TxDOT feels the two million in funding can be used to start
the first phase of improvements within the plan
Councilmember Owens asked about prior discussions regarding the signal lights and
cost for those
Deputy City Manager Alan Mueller stated TxDOT currently has a contract underway for
the signal timing This will eliminate the split phasing and allow the work to begin for the
portion west of FM1128 Another contract will need to go into place to start the work
east of FM1128 The two million dollars expected will be primarily used for the median
improvements.
Councilmember Owens asked for information regarding the type of medians that will be
used in the project.
Deputy City Manager Alan Mueller stated the study did not go into those details, but
according to TxDOT the medians will be concrete along the curves of the medians
Upgrades will need to be funded by the cities Discussion did take place regarding
portions of the median being partially landscaped versus fully landscaped because of
the initial and ongoing maintenance cost. If the city chooses to upgrade the medians,
then this will need to be discussed
Councilmember Owens asked if the discussions regarding landscaping the medians
have taken place with business interests along FM518
Deputy City Manager Alan Mueller stated there are five business interests that have
specific concerns. Four of those business interests were addressed The fifth business
interest was not accommodated
Councilmember Cole asked for clarification regarding short term and long term
Deputy City Manager Alan Mueller stated the short or long term of the improvements is
dependent upon the funding process and allocation
Councilmember Marcott stated he has some concerns regarding the current document
being outdated and not including current construction
Deputy City Manager Alan Mueller stated anytime a date is put on any study it will be
outdated because of ongoing construction The thing to keep in mind is that this is
really a blueprint, not design construction drawings. The implementation and detailed
design phase would be more detailed when actually put in place
Page 10 of 16 — 7 00 p m 12/13/2004
Discussion ensued among Council and Staff regarding the project process.
Councilmember Cole stated his concerns about Emergency Medical Services being
involved with the discussions of the medians.
EMS Director Jeff Sundseth stated it is better for EMS to have the medians in order to
eliminate some of the accidents that are currently happening on FM 518 The traffic
pre-empting devices will assist with clearing any traffic that may occur due to the
medians.
Councilmember Cole stated he thinks the Fire Services concern was being able to have
access to certain businesses during emergencies.
Deputy City Manager Alan Mueller stated those comments and concerns from Fire
Services were made during a time when the medians were not phased They had the
notion that FM 518 would be solid median from one end to the other That is not the
case
Additional discussion ensued among Council and Staff regarding the placement of
medians along FM 518
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole
Voting "No" None
Motion Passed 5 to 0
COUNCIL ACTION — REGARDING ROADWAY IMPACT FEES Mr Alan Mueller,
Deputy City Manager
Mayor Pro-Tern Viktorin made the motion, seconded by Councilmember Tetens, to
approve negotiations regarding the Roadway Impact Fees.
Deputy City Manager Alan Mueller stated this would allow for Staff to process a new
consulting contract for additional information and an update to the Impact Fee Study
Ed Thompson, 3419 East Circle, addressed Council and stated he thinks the road
impact fee will put Pearland in a negative competitive situation He feels retail growth
will be limited by the impact fees. He is concerned about economic development if the
impact fees are approved Administratively, this would become hard to administer with
the collection of monies. The City would end up spending a great deal of the monies
collected just to provide salaries for employees working to collect these fees. He asked
Council to take a no vote on the item
Page 11 of 16 — 7.00 p m 12/13/2004
Mayor Reid stated the City of Pearland was the first City to put water and sewer impact
fees in place The ideal for the study is to provide the amount for the impact fee It
would provide additional data He stated the City currently has road problems and
needs some help
Councilmember Marcott stated this will minimize the current residents' taxes. He stated
when people move into the City there is an impact on the other citizens. He thinks the
impact fee is needed The study will provide the information needed to help Council
make a final decision regarding the impact fees. Money is needed to improve and build
roads in Pearland He thinks this needs to be implemented
Councilmember Owens stated he is concerned about implementing the fee. When the
water and sewer impact fee was brought in, it was approximately $1000 yearly Now
that a few years have passed by, it is approximately $3600 yearly This shows that
once a fee or tax is implemented, the government has no control over it and continues
to add more to the amount. This is his concern Commercial growth and economic
development are important to the City The impact fees could be brought back when
there is a need to have them within the City
Councilmember Tetens stated there is a big need for impact fees now The longer you
wait the less that will be collected Revenue will be generated from the fees and help
build more new roads that are currently needed He thinks Council needs to move
forward with the impact fees.
Councilmember Marcott stated the water and sewer impact fee did not stunt growth
Permits have increased
Mayor Reid stated the decision tonight is not to implement the fee, but to get more data
in order to make an intelligent decision about the impact fees.
Councilmember Cole stated he has concerns about being misquoted in the local
newspapers. He also stated his concerns about adding additional cost and fees for
businesses seeking to develop in Pearland
Mayor Reid stated that this item is only to move forward with the study and not the
actual implementation of the impact fee The fee would only cover a small portion of
funding for any road project.
Deputy City Manager Alan Mueller stated an affirmative vote would authorize the Staff
to negotiate a new consulting contract with the firm to update the Impact Fee Study
based on all the parimeters discussed That contract then would be brought back to
Council for a determination A negative vote on the item tonight would advise Staff not
to move forward with the study at the present time
Page 12 of 16 — 7 00 p m 12/13/2004
Mayor Pro-Tem Viktorin stated he has encouraged public debate regarding this topic for
several months. He feels that it is important to get all of the facts on the table Every
point that has been spoken by the Councilmembers and the citizens in the past are all
valid points. There is no right or wrong answer at this time He made comments
regarding past businesses that have already paid a fee to help with the impact on the
community He stated in his conversations with Pearland Economic Development
Corporation, they feel that Pearland is in a critical stage in its commercial growth. He
thinks road impact fees will be forthcoming, but at this point in time he does not feel the
City should pursue the impact fees. His is concerned about Pearland being the first city
in the Houston area with impact fees. At this time he is not prepared to move forward
with the impact fees.
Voting "Aye" Councilmembers Marcott and Tetens.
Voting "No" Councilmembers Owens, Viktorin, and Cole.
Motion Failed 3 to 2
COUNCIL ACTION — RESOLUTION NO. R2004-202 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH CORRIGAN DRAINAGE DITCH
FENCE. Mr Bill Eisen, City Manager
Councilmember Marcott made the motion, seconded by Councilmember Tetens, to
approve Resolution No R2004-202
Deputy City Manager Alan Mueller stated this item is regarding chain link fencing for the
Corrigan Ditch Project. The bid is in the amount of $47,804 and comes from the firm
Four Seasons Development Company
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole
Voting "No" None
Motion Passed 5 to 0
COUNCIL ACTION — RESOLUTION NO R2004-207 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK
AUTHORIZATION #1 SUPPLEMENT #17 FOR CONTRACT MANAGEMENT
SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND
PROGRAM (WEST MARY'S CREEK DETENTION PROJECT) Mr Bill Eisen, City
Manager
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Passed with no Council action taken
FIRST READING OF ORDINANCE NO 943-10 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING FIGURE 7.2,
THOROUGHFARE PLAN, OF THE CITY'S COMPREHENSIVE PLAN AS A GUIDE
FOR PRESERVING A SENSE OF COMMUNITY, ATTRACTIVENESS AND SAFETY
IN PEARLAND, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND
A REPEALER CLAUSE, PROVIDING AN EFFECTIVE DATE AND FOR
CODIFICATION Mr Nick Finan, Executive Director of Community Services.
Councilmember Cole made the motion, seconded by Councilmember Tetens, to
approve Ordinance No 943-10 on its first reading
Deputy City Manager Bill Eisen stated this is the update to the thoroughfare plan for the
Spectrum area. A Public Hearing did take place regarding the item The new plan is
based on the impact analysis and growth in this area of the City The Planning &
Zoning Commission has voted in favor of the Ordinance
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0
COUNCIL ACTION — RESOLUTION NO R2004-203 — 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 FREESE AND NICHOLS, INC , FOR PRELIMINARY DESIGN SERVICES
ASSOCIATED WITH PORTIONS OF THE PEARLAND PARKWAY EXTENSION
PROJECT Mr Bill Eisen, City Manager
Councilmember Tetens made the motion, seconded by Councilmember Marcott, to
approve Resolution No R2004-203
Deputy City Manager Alan Mueller stated this is a contract for the preliminary
engineering for the segment of Pearland Parkway from Oiler Drive to Dixie Farm Road
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole
Voting "No" None
Motion Passed 5 to 0
COUNCIL ACTION — RESOLUTION NO R2004-208 — A RESOLUTION OF THE CITY
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COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT
WITH LJA ENGINEERING AND SURVEYING INC FOR ENGINEERING SERVICES
ASSOCIATED WITH EVALUATING IMPACTS ASSOCIATED WITH THE CITY'S
REVISED DRAINAGE CRITERIA. Mr Doug Kneupper, City Engineer
Passed with no Council action taken
CONSIDERATION AND POSSIBLE ACTION — REGARDING COMBINING PART-
TIME STAFFING TO ONE FULL TIME POSITION Mr Bill Eisen, City Manager
Councilmember Owens made the motion, seconded by Councilmember Tetens, to
approve the combining part-time staffing to one full time position
Parks and Recreation Director Rhonda Cyrus stated the Parks Department currently
has two part-time positions that currently handle the front desk. She is asking that the
two positions be turned into one full time position to help with accountability and
administrative staff
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole
Voting "No" None.
Motion Passed 5 to 0
Mayor Reid called a recess at 9.20 p m
Mayor Reid called the meeting back to order at 10 41 p m
OTHER BUSINESS.
Council recessed into Executive Session under Texas Government Code at 10.41 p.m
to discuss the following
NEW BUSINESS (CONTINUED).
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551 087 — CONSULTATION WITH CITY ATTORNEY —
REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS
Mr Darrin Coker, City Attorney
NEW BUSINESS (CONTINUED):
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Council returned from Executive Session at 11 50 p m
COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS
City Council.
No Council action taken
ADJOURNMENT
Meeting was adjourned at 10.00 p m
Minutes approved as submitted and/or corrected this the 10th day of January ,
A.D , 2005
Tom Reid
Mayor
ATTEST
ngL , C
y Se etary
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