2005-04-11 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON APRIL 11, 2005, AT 7:30 P.M., IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
The meeting was called to order with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
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 Fred
Welch; Economic Development Manager Karen Dickson; Police Chief J.C. Doyle; City
Engineer Doug Kneupper; Director of Finance Andrea Gardner; EMS Director Jeff
Sundseth; Purchasing Officer Gordon Island; Project Director Joe Wertz; and Senior
Planner Theresa Grahmann.
The invocation was given by Councilmember Kevin Cole and the Pledge of Allegiance
was led by Police Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid introduced Ms. Jackson of the Sablatura Middle School. She teaches the
fifth grade. She and her students Tori Perez, Johnasha Manning, Olivia May, Chad
Henry, Tyler Basso, Bryan Briggs, and Neal Powell gave a brief presentation regarding
spaying and neutering. She stated they are in need of assistance and funding in order
to provide senior and lower income residents with the service of the Spay and Neuter
Assistance Van. This van would come to the community twice a year providing spaying
and neutering services free of charge.
Gary Cook of Shadow Creek Ranch stated he was very impressed with the presentation
presented by the students from Sablatura Middle School regarding spaying and
neutering. He stated if the City would support the program in the amount of $4000, then
he would donate another $4000 to the program.
Mayor Reid presented a proclamation to Shari Coleman of City of Pearland Animal
Control for the various Pearland Volunteering Services, Proclaiming April 17 — 23 as
"National and Pearland Volunteer Week."
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Shari Coleman of the City of Pearland Animal Control stated she appreciates being able
to accept the Proclamation. There are so many more volunteers within the entire City of
Pearland. She asked if anyone is looking for a volunteer opportunity, please contact
Pearland Animal Control. There are many volunteer areas within the Pearland
community.
Mayor Reid and Councilmember Cole presented a Proclamation to Lois Maulden for
supporting high school seniors during graduation, Proclaiming May 27 as "Project
Graduation Day."
Lois Maulden and students presented statistics to Council and residents regarding
activities during Project Graduation. They gave a brief overview of the current process
of Project Graduation Day, detailing that prizes are given to those supporting the event
and a grand prize of a vehicle is given each year. Project Graduation is a community-
wide event in Pearland. They presented the Mayor and Councilmembers a Certificate
of Appreciation for their support. An invitation was extended to Mayor and Council to
attend Project Graduation on Friday, May 27th at 10:00 p.m. Ms. Maulden gave some
brief comments regarding the event and stated lives are saved during this event. It is a
lot of fun and work, but very worthwhile.
Mayor Reid and Mayor Pro -Tem Charles Viktorin presented a proclamation to the
Knights of Columbus for committing to the betterment of the Pearland community,
Proclaiming April 23 as the "18th Annual Crawfish Festival Day."
Knights of Columbus Grand Knight briefly gave details regarding the event and stated it
is open to everybody. Plenty of food will be available. Items such as crawfish with the
trimmings, fried fish, chicken gumbo, hamburgers, and hotdogs. There will also be
entertainment. Proceeds will go to Local and State charities.
Mayor Reid reported on March 29 he attended a Reception for County Judge John
Willy, a Rotary Meeting featuring special guest Tom DeLay, and a new office opening
for Congressman Tom DeLay; March 30 he attended a TxDOT Meeting regarding the
FM518 Corridor Study, the Exchange Club Luncheon, and met with the Fire Marshall at
the Citizens Corps Training Session; March 31 he attended Dr. Stephen's (UHCL)
yearly State of the College Event, served as waiter at Adult Reading Center Red Hat
Luncheon, attended TML 14 Quarterly Meeting, and also the Keep Pearland Beautiful
Open House at the Recycling Center; April 1 he attended the Partners for Pearland
Annual Event; April 2 he spoke at the Keep Pearland Beautiful Landscape Honor at the
Recycling Center; April 4 he attended an Agenda Meeting with Senior Staff, a Monthly
Pearland District Education Improvement Committee Meeting, and a Council Workshop;
April 5 he attended Parks Department Tour of South County Municipal Facilities and the
School Environmental Fair at Sablatura School; April 6 he read to children at the Head
Start Facility; April 7 he attended the Chamber Annual Business Expo, met with Board
Page 2 of 16 — 4/11/2005
of Pearland Regional Hospital, and attended the monthly Southeast Shrine Club
Meeting; April 8 he attended the Chamber Before Business Breakfast; April 9 he spoke
at the dedication of Municipal Utility District No. 5 Recreational Facility, visited the Parks
Department Craft Show at the Community Center, and attended the Ribbon Cutting for
PharmCare Pharmacy Grand Opening; April 11 he met with Planning Department on
improving zone change hearings.
COUNCIL ACTIVITY REPORTS
Mayor Pro -Tem Viktorin stated he tremendously enjoyed having the opportunity to
speak to various Homeowners' Associations over the past six weeks. He welcomed all
the feedback and comments he has been receiving.
Councilmember Tetens, Owens and Marcott passed on giving their report.
Councilmember Cole stated he commends Project Director Joe Wertz for taking time
out of his schedule to attend the Hickory Creek Homeowners' Association Meeting. He
gave the subdivision a project update for the general area.
CITY MANAGER'S REPORT
City Manager Bill Eisen stated next Tuesday night on April 19th, City Council and
Pearland Independent School District Board Members will be conducting a Joint
Workshop regarding mutual concerns of the community.
CITIZENS
Dennis Hauer Jr., Orchard, Texas, addressed Council and stated he had a job on the
northwest corner of SH 288 and FM 518. He started burning items on the property prior
to knowing opening burning is not allowed in Pearland. It is 110 acres that backs up to
Shadow Creek Ranch. He asked Council to consider allowing controlled burning if
someone has a permit from the Texas Commission on Environmental Quality.
City Manager Bill Eisen stated Mr. Hauer has spoken with the Code Enforcement
Department and himself regarding open burning within Pearland. Unfortunately, the
current City Ordinance does not permit or provide the opportunity to obtain a permit.
Mr. Hauer would like to come before Council and ask for consideration in changing the
Ordinance to allow this opportunity.
City Manager Bill Eisen stated he would speak with Mr. Hauer further regarding his
request.
DOCKETED PUBLIC HEARING: None
Page 3 of 16 — 4/11/2005
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES:
1. Minutes of the March 21, 2005, Public Hearing held at 6:30 p.m.
2. Minutes of the March 21, 2005, Public Hearing held at 6:30 p.m.
3. Minutes of the March 21, 2005, Special Council Meeting at 6:00 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING
OF ORDINANCE NO. 1215 — 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. DRAINAGE 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.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Viktorin, to
adopt Consent Agenda Items A and B 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: None
NEW BUSINESS
Mayor Reid, with concurrence of Council, moved to New Business Item No. 11.
COUNCIL ACTION — RESOLUTION NO. 2005-65 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE 2004 ANNUAL
REPORT FOR TAX INCREMENT REINVESTMENT ZONE #2. Mr. Alan Mueller,
Deputy City Manager.
Councilmember Owens made the motion, seconded by Councilmember Tetens, to
Page 4 of 16 — 4/11/2005
approve Resolution No. R2005-65.
City Manager Bill Eisen stated this is the annual report as in the existing terms of the
Shadow Creek Ranch Development. The annual report from the developer was given
earlier regarding the current activity of the development.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid, with concurrence of Council, moved to back to New Business Item No. 1
FIRST READING OF ORDINANCE NO. 509-769 — 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 0.950 ACRE TRACT OF LAND,
LOT 8, OF HOANG SUBDIVISION, AN UNRECORDED SUBDIVISION OF 11.980
ACRE TRACT OF LAND BEING LOT 49 AND THE NORTH 87.05 FEET OF LOT 50,
OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF
SECTION 9, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 234, ACCORDING TO
THE MAP OR PLAT THEREOF RECORDED IN VOLUME 2, PAGES 23 AND 24, OF
THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED WEST OF ROY ROAD, AND
NORTH OF ROBIN SOUND STREET) (APPLICATION NO. 1219) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-1) AT THE REQUEST OF SYLVIA C. BETANCOURT,
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.
FIRST READING OF ORDINANCE NO. 509-770 — 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 0.76 ACRES OF LAND, CALLED
LOT 16 OF THE UNRECORDED SHARONDALE SUBDIVISION, SITUATED IN A 10
ACRE TRACT OF LAND IN THE SOUTH ONE-HALF OF THE NORTHEAST ONE-
QUARTER OF THE SOUTHEAST ONE-QUARTER OF THE G.C. SMITH SURVEY,
SECTION 16, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 546, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 6217 SHARONDALE
Page 5 of 16 — 4/11/2005
STREET) (APPLICATION NO. 1220) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT
THE REQUEST OF MANUEL MORALES, 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. 509-769 and Ordinance No. 509-770 on their first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Application No. 1219 and Application No. 1220.
City Manager Bill Eisen stated both Ordinances would allow the construction of a single-
family home on the properties.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-772 — 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 0.43 ACRES OF LAND OUT OF
PEARLAND TOWNSITE, LOTS 19, 20, 21, 22, 23, AND 24, BLOCK 32, AND LOTS
19A, 20A, 21A, 22A, 23A, AND 24A, BLOCK 32, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED AT THE NORTHEAST CORNER OF
WALNUT STREET AND SAN ANTONIO AVENUE) (APPLICATION NO. 1224) FROM
CLASSIFICATION MULTI -FAMILY DISTRICT (MF) TO NEIGHBORHOOD SERVICE
DISTRICT (NS) AT THE REQUEST OF WILLIAM E. MOODY, 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 Marcott made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 509-772 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. 1224.
Page 6 of 16 — 4/11/2005
City Manager Bill Eisen stated the applicants stated use for the facility is a beauty shop.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-773 — 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 1, BLOCK 1, OF
WESTFIELD ESTATES, ABSTRACT 70, W.D.C. HALL, AS RECORDED IN VOLUME
22, PAGE 37 AND 38, OF THE MAP RECORDS OF BRAZORIA COUNTY, TEXAS,
CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON
THE EAST SIDE OF DIXIE FARM ROAD, AND SOUTH OF WESTFIELD LANE)
(APPLICATION NO. 1222) FROM CLASSIFICATION SINGLE FAMILY DWELLING
DISTRICT (R-1) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF RICARDO
DAVID AND DANNY WRIGHT, 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 Councilmember Tetens, to
approve Ordinance No. 509-773 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. 1222 because the proposed zone
change does not conform with the recommendations of the Comprehensive Plan, it
would cause an increase in traffic in the subject area beyond what is approved, and
there are no other commercial businesses located within the subject area because of
the zoning within the area.
City Manager Bill Eisen stated the negative recommendation from the commission
would require a three-quarters vote in favor of the zone change from Council in order to
approve the zone change.
Councilmember Marcott stated a for -sale by owner sign has been erected on the
property since the meeting of the Planning & Zoning Commission.
Voting "Aye" None.
Page 7 of 16 — 4/11/2005
Voting "No" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Motion Failed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-774 — 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 12.604 ACRES OF LAND,
PEARLAND PLAZA, LOT 1, ABSTRACT 198, THOMAS A GREEN SURVEY, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 3231 E. BROADWAY
STREET, GENERALLY AT THE NORTHEAST CORNER OF BROADWAY STREET
(FM 518) AND BARRY ROSE ROAD) (SPECIFIC USE PERMIT APPLICATION NO.
141) FOR A SPECIFIC USE PERMIT FOR AN UNSCHEDULED/NEW BUSINESS
SERVICE USE, AND MORE SPECIFICALLY, A "MEDICAL IMAGING MOBILE
VEHICLE" IN THE GENERAL BUSINESS DISTRICT (GB(S)) AT THE REQUEST OF
MASTER IMAGING, LLC, APPLICANT FOR CA NEW PLAN TEXAS ASSETS, LP,
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 Tetens de the motion, seconded by Councilmember Cole, to approve
Ordinance No. 509-774 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Specific Use Application No. 141 with the
stipulations of having only one MRI trailer on the property at one time, having the MRI
trailer placed on the subject property as shown within the attached site plan, providing
certification that the MRI trailer will meet all wind load regulations, and the MRI trailer
will allow emergency access to the property at all times as determined by the City's
building codes and Fire Marshal.
City Manager Bill Eisen stated the location for the MRI trailer would be behind an
existing building of the Kroger Shopping Center.
Councilmember Cole asked if the applicant is aware of the conditions.
Executive Director of Community Services Nick Finan stated the applicant is aware of
the stipulations.
Councilmember Marcott stated there was a question regarding a fence wall. He asked
if this question went away.
Page 8 of 16 — 4/11/2005
Executive Director of Community Services Nick Finan stated this question did go away.
The wall would prevent the applicant from maneuvering the trailer and additional costs
were involved with placing a wall in the area. The Planning & Zoning Commission did
not think it was necessary to have the wall with the current conditions of the area behind
the building.
Councilmember Owens asked if the trailer becomes part of the building after being
connected by the walkway access.
Executive Director of Community Services stated with the conditions of the special
condition of use permit, the added building is classified as a trailer and not a building.
The trailer will have an electrical supply. The only standard regarding a building applied
to the trailer is that it would meet hurricane regulations.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1214 — 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
(BELTWAY 8 AT SH 288); 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. Alan Mueller, Deputy City Manager.
Councilmember Owens made the motion, seconded by Councilmember Cole, to
approve Ordinance No. 1214 on its first reading.
City Manager Bill Eisen stated this case involves the annexation of 432 acres in the
Spectrum area. It has been designated as an advance business park development
within the City. The property's district zoning is still in the process of development. The
property is currently zoned as Suburban Development. When the Ordinance is
approved establishing the development, the property will be rezoned during that time.
In accordance with state law, Council has conducted two Public Hearings with regards
to the annexation.
Councilmember Marcott asked for the projected time the Unified Development Code
would be completed.
Page 9 of 16 — 4/11/2005
City Manager Bill Eisen stated Staff is currently in the process of looking at the draft.
Discussion ensued among Council and Staff regarding having the document being
completed within 90 to 100 days.
Councilmember Cole asked if one Public Hearing would take place to zone the entire
area.
Executive Director of Community Services Nick Finan stated several districts would be
considered while completing the Unified Development Code. The hearing will be for all
the districts.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1213 — 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 (PARTS
OF VILLA VERDE SECTIONS 2 & 3); 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. Alan Mueller, Deputy City Manager.
FIRST READING OF ORDINANCE NO. 509-771 — 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 DESIGNATING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY LOCATION BEING 20.5 ACRES OF LAND OUT OF
VILLA VERDE SECTION 2 ACCORDING TO THE PLAT THEREOF FILED IN FILM
CODE NO. 537152 OF THE HARRIS COUNTY MAP RECORDS AND VILLA VERDE
SECTION 3 ACCORDING TO THE PLAT THEREOF FILED IN FILM CODE NO.
533093 OF THE HARRIS COUNTY MAP RECORDS, W.D.C. HALL SURVEY,
ABSTRACT 23, CITY OF PEARLAND, HARRIS COUNTY, TEXAS (GENERALLY
LOCATED EAST OF SCARSDALE BOULEVARD, AND SOUTH OF BLACKHAWK
BOULEVARD) (APPLICATION NO. 1218) AS CLASSIFICATION SINGLE FAMILY
DWELLING DISTRICT (R-2) AT THE REQUEST OF THE CITY OF PEARLAND,
APPLICANT, 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.
Page 10 of 16 — 4/11/2005
Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 1213 and Ordinance No. 509-771 on their first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Application No. 1218.
City Manager Bill Eisen stated Ordinance No. 1213 and Ordinance No. 509-771 relate
to each other. The annexation of a portion of the Villa Verde Subdivision is being
considered. This property was previously in Houston's extraterritorial jurisdiction and
was given to the City of Pearland in order for the entire subdivision to be in one City's
jurisdiction. A zoning case is also before Council regarding the property brought into
the City.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — REMOVE FROM THE TABLE ACTION REGARDING THE
BUDGET AMENDMENT FOR TURNER, COLLIE, & BRADEN INC. FOR PEARLAND
MOBILITY & DRAINAGE BOND PROGRAM. City Council.
Councilmember Marcott made the motion, seconded by Councilmember Tetens, to
remove from the action regarding the budget amendment for Turner, Collie & Braden
Inc., for Pearland Mobility & Drainage Bond Program.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — BUDGET AMENDMENT FOR TURNER, COLLIE, & BRADEN
INC. FOR PEARLAND MOBILITY & DRAINAGE BOND PROGRAM. Mr. Bill Eisen,
City Manager.
Councilmember Marcott made the motion, seconded by Councilmember Tetens, to
approve the action regarding the budget amendment for Turner, Collie, & Braden Inc.,
for Pearland Mobility & Drainage Bond Program.
City Manager Bill Eisen stated previously Council considered this item and it was tabled
at that time for further clarification. Since that time, a Workshop has been conducted
Page 11 of 16 — 4/11/2005
with Council regarding the item. Project Director Joe Wertz explained in some detail the
specific reasons for the reallocation of funds between various projects included in the
Turner, Collie and Braden work authorizations associated with the Bond Program. As a
result of the Workshop, the item is back before Council for consideration at this time.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1212 — 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 #13), 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.
Councilmember Cole made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 1212 on its first reading.
City Manager Bill Eisen stated this item relates to tax abatement for Shawcor Pipe
Protection, LLC. There is a three-step process required in issuing tax abatement, as
required by state law. The first is to hold a Public Hearing on the creation of a
reinvestment zone, which was completed earlier tonight. At this point, Council is being
asked to consider an Ordinance, which creates the reinvestment zone. The next step
will be to consider the agreement.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. 2005-69 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH PROJECT
Page 12 of 16 — 4/11/2005
SURVEILLANCE, INC., FOR CONSTRUCTION INSPECTION SERVICES
ASSOCIATED WITH THE KIRBY DRIVE EXTENSION PROJECT. Mr. Bill Eisen, City
Manager.
Councilmember Tetens made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2005-69.
City Manager Bill Eisen stated this relates to inspection services for the Kirby Drive
Extension Project. He gave details regarding the current status of the project stating
acquisitions are still taking place on the southwest corner of the extension. Most are
resolved. A proposal from Turner, Collie and Braden has been received regarding the
construction services. It will be reviewed shortly.
Councilmember Cole asked for information about the part-time construction services
that will be at the project 60% of the time. He wanted to know if an inspector would be
on-site while the wall is being constructed.
Project Director Joe Wertz stated over the length of the project, he is only expecting an
inspector approximately 7.5 hours out of 12 hour day.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. 2005-68 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A STANDARDIZED
CONTRACT FOR MATERIALS TESTING AND AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH HBC TERRACON,
GEOTEST ENGINEERING, QC LABORATORIES AND PSI ENGINEERING FOR
MATERIALS TESTING SERVICES. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2005-68.
City Manager Bill Eisen stated four different firms would provide services over a two-
year time period as stated within this contract for materials testing services.
Project Director Joe Wertz stated this contract includes four companies because in the
past when contracting with different companies it would have to go before Council
several times detailing additional authorization for additional companies. Materials
testing is a commodity and for this reason he is proposing this contract in order to make
it more convenient to move through the commodity business. It is very standardized
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and would authorize four separate contracts with the maximum of $200,000 each to
extend over a two-year time period. The City has worked with these firms previously.
He thinks this would save the City approximately 20% in labor fees and 10% to 15% on
testing services.
Councilmember Owens stated this saves a lot of time and effort. This does not
guarantee that the firms would get the full maximum amount of $200,000.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. 2005-66 — 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 PATTILLO,
BROWN AND HILL. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2005-66.
City Manager Bill Eisen stated during a recent meeting, Council considered the City's
financial statements and annual audit. The management letter was received during the
day of the meeting and was set aside for approval during another meeting in order to
allow Council time to review the letter.
Mayor Pro -Tem Viktorin stated he read through the letter and in the recommendations it
stated an internal auditing function is needed and was recommended previously. He
asked if this function would take place this year.
City Manager Bill Eisen stated Council has already begun the process of this function
by authorizing the new accounting position. This position would have the function of
internal auditing and additional accounting duties.
Mayor Pro -Tem Viktorin stated this function is a very valuable function and stated he
would certainly support it as a stand-alone function/position for the City.
Discussion ensued among Council and Staff regarding internal controls and internal
auditing.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Page 14 of 16 — 4/11/2005
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. 2005-70 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING INTENTION TO
REIMBURSE CAPITAL EXPENDITURES. Mr. Bill Eisen, City Manager.
Councilmember Marcott made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2005-70.
City Manager Bill Eisen stated for the last few years the City has financed the
acquisition of certain large pieces of equipment as part of the annual budget process.
This item would allow bank financing with an interest rate of 2.9% prior to purchasing
the equipment.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. 2005-67 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH LJA
ENGINEERING & SURVEYING, INC., FOR ENGINEERING SERVICES ASSOCIATED
WITH IMPLEMENTATION OF THE CITY'S REVISED DRAINAGE DESIGN CRITERIA.
Mr. Doug Kneupper, City Engineer.
This item was passed to a future agenda.
Council adjourned into Executive Session under Texas Government Code at 8:59 p.m.
to discuss the following:
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.072 — REAL PROPERTY: DISCUSSION
REGARDING THE SALE, LEASE, PURCHASE, OR
EXCHANGE OF REAL PROPERTY. Mr. Darrin Coker, City
Attorney.
Page 15 of 16 — 4/11/2005
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 9:25 p.m.
COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE
OF REAL PROPERTY. Mr. Darrin Coker, City Attorney.
No Council action taken.
ADJOURNMENT
Meeting was adjourned at 9:26 p.m.
Minutes approved as submitted and/or corrected this the 25th day of April , 2005.
Tom Reid
Mayor
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