2005-04-25 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON APRIL 25, 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
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Charles Viktorin
Richard Tetens
Woody Owens
Larry Marcott
Kevin Cole
Bill Eisen
Darrin Coker
Young Lorfing
Others in attendance: Deputy City Manager Alan Mueller; Executive Director of
Community Services Nick Finan; Executive Director of Economic Development Fred
Welch; Court Administrator Patricia Riffel; City Engineer Doug Kneupper; Parks &
Recreation Director Rhonda Cyrus; EMS Director Jeff Sundseth; Purchasing Officer
Gordon Island; Project Director Joe Wertz; Assistant Police Chief Johnny Spires; and
Senior Planner Theresa Grahmann.
The invocation was given by Councilmember Kevin Cole and the Pledge of Allegiance
was led by Assistant Police Chief Johnny Spires.
MAYOR'S ACTIVITY REPORT
Mayor Reid presented a proclamation to Trey Lillich of Wind & Fire MC, W.E. Knox, Jr.,
Monty Mansfield, and David Kuntz of Third Coast Cruisers Riding Club for motorcycle
safety, Proclaiming the Month of May as "Motorcycle Safety and Awareness Month."
The members of Third Coast Cruisers Riding Club stated their appreciation for the
proclamation.
Executive Director of Pearland Economic Development Corporation stated in March the
Pearland Economic Development Corporation was notified through CORENET Global
Organization that EDC was a finalist for the EDC program. A presentation was made in
Princeton, New Jersey. EDC also went to the CORENET conference. He is very proud
of his Staff and the Support of the City Manager and Mayor and looks forward to
continuing with the program.
Councilmember Marcott gave additional comments regarding Marketing Manager of
P.E.D.0 Will Benson and his performance during Brazoria County Days assembling a
Page 1 of 14 — 4/25/2005
dinner with the Economic Development Board of Texas. The City and County
Economic Development Staff are working very well together.
Mayor Reid reported on April 12 he attended the Brazoria County Tax Abatement
Review Committee Meeting and visited during the Charter Review Committee Meeting;
April 13 he attended a PEDC Quarterly CEO Round Table Meeting and the HGAC
Transportation Policy Council Bylaws Committee Meeting; April 14 he attended the
Pearland Arts League Board of Directors Meeting, the PEDC Board of Directors
Meeting, and visited the Adult Reading Center Citizenship Appreciation Class; April 15
he attended the Basketball Coaches' Clinic at the Holiday Inn Express and the Men
Who Cook Training Class; April 16 he visited the City Picnic Event; April 17 — 18 he
attended and received a finalist award at the CORENET Global Summit for Economic
Development; April 21 he attended a Candidate and City Information Forum at Bella
Vida addition, presented a proclamation recognizing the chartering of an ABWA Chapter
in West Pearland, met with ACU Officials who are funding a $1,000 Mayor's Scholarship
for graduating seniors on May 3rd, attended the Gulf Coast Water Authority Board of
Directors Meeting, and attended the Annual Keep Pearland Beautiful Environmental
Meeting; April 22 he attended the Transportation Policy Council Monthly Board of
Directors Meeting and presented a proclamation to the Grand Worthy Patron and
Matron at the Eastern Star Conference in Pearland; April 23 he attended the Keep
Pearland Beautiful Citywide Garage Sale, the Gulf Coast Exchange Clubs Honor Event
for Regional Law Enforcement, and visited with the Knights of Columbus during the
Annual Crawfish Dinner.
COUNCIL ACTIVITY REPORTS
Mayor Pro -Tem Viktorin stated he has enjoyed visiting the various Citizens Groups in
Pearland over the last month. May 7th is the Pearland Arts League "pARTy on the
Grand."
Councilmember Tetens and Owens passed on giving their report.
Councilmember Marcott stated his wife is retiring from UTMB. She is the Associate
Dean of Student Affairs of the School of Nursing. She was honored at Friday's
Graduation Ceremony for her 28 years of teaching and being a member of faculty. She
will retire at the end of August.
Councilmember Cole stated Early Voting is currently taking place and Election Day is
May 7th
CITY MANAGER'S REPORT
City Manager Bill Eisen thanked City Council and Staff for their support during his
father's passing.
Page 2 of 14 — 4/25/2005
CITIZENS: None
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES:
1. Minutes of the March 21, 2005, Joint Public Hearing held at 6:30 p.m.
2. Minutes of the March 28, 2005, Regular Meeting held at 7:00 p.m.
3. Minutes of the March 28, 2005, Regular Meeting held at 7:30 p.m.
4. Minutes of the April 11, 2005, Public Hearing held at 6:30 p.m.
5. Minutes of the April 11, 2005, Regular Meeting held at 7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
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.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
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
Page 3 of 14 — 4/25/2005
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 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.
D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
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.
E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
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"
Page 4 of 14 — 4/25/2005
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.
F. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
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.
G. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
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.
H. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
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
Page 5 of 14 — 4/25/2005
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.
I. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
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.
J. CONSIDERATION AND POSSIBLE ACTION — RE -APPOINTMENT OF STEVE
SABOE TO SERVE ON THE BOARD OF DIRECTORS OF THE PEARLAND
ECONOMIC DEVELOPMENT CORPORATION WITH THE TERM EXPIRING
NOVEMBER 1, 2006. Mr. Fred Welch, Executive Director Pearland Economic
Development Corporation.
K. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2005-74 —
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 HANDHELD RADIOS. Mr. Bill Eisen, City
Manager.
Councilmember Tetens made the motion, seconded by Councilmember Owens, to
adopt Consent Agenda Items A and K as presented on the Consent Agenda.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
Page 6 of 14 — 4/25/2005
MATTERS REMOVED FROM CONSENT AGENDA: None
NEW BUSINESS
FIRST READING OF ORDINANCE NO. 509-775 —.AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY LOCATION BEING 5.00 ACRES, BEING PART OF
LOTS 78 AND 79, OF THE FIGLAND ORCHARD SUBDIVISION, ABSTRACT 240, H.T.
& B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED ON THE EAST SIDE OF HARKEY ROAD, AND NORTH OF
FITE ROAD) (APPLICATION NO. 1213) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO NEIGHBORHOOD SERVICE DISTRICT (NS) AT
THE REQUEST OF JACK MCGUFF, JR., AIA, APPLICANT FOR MASSOUD
MOTAMEDI, 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 Councilmember Tetens, to
approve Ordinance No. 509-775 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. 1213.
City Manager Bill Eisen stated this item was first considered in February. At that time
the applicant originally requested a General Business zone change. The Planning &
Zoning Commission recommended a zoning of Neighborhood Services, which is more
consistent with the surrounding uses. The applicant was agreeable to the suggested
zoning and has resubmitted the request.
Councilmember Marcott asked about previous concerns mentioned regarding Bardett
developing the property.
Executive Director of Community Services Nick Finan stated it can be developed by
Bardett.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
Page 7 of 14 — 4/25/2005
COUNCIL ACTION — RESOLUTION NO. R2005-73 — 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
DANNENBAUM ENGINEERING CORP., FOR CONSTRUCTION MANAGEMENT
SERVICES ASSOCIATED WITH THE KIRBY DRIVE EXTENSION PROJECT.
Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2005-73.
City Manager Bill Eisen stated this item is a construction management contract for the
Kirby Drive Extension. The contract for the construction of the road is still moving
forward at this time.
Councilmember Owens asked if this is the contract that had previous concerns
regarding the timeframe.
City Manager Bill Eisen stated this is the contract that had some previous concerns
regarding time. The letter received was a standard practice of the property owner. The
City employed Turner, Collie and Braden for some work and the property owner utilized
Turner, Collie, and Braden for some work in the area as well.
Councilmember Cole asked for clarification regarding the 3.2%.
Project Director Joe Wertz stated this amount is the expected rate and they are
expected to get the work done within the accelerated schedule.
Councilmember Marcott asked for the timeframe of the project.
Project Director Joe Wertz stated the contract is approximately 300 days.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2005-72 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT
WITH THE DEPARTMENT OF PUBLIC SAFETY ("DPS") WHICH ALLOWS FOR THE
CITY'S PARTICIPATION IN THE DPS FAILURE TO APPEAR PROGRAM.
Ms. Pat Riffel, Municipal Court Administrator.
Page 8 of 14 — 4/25/2005
Councilmember Marcott made the motion, seconded by Councilmember Cole, to
approve Resolution No. R2005-72.
City Manager Bill Eisen stated this item relates to an opportunity to work with the
Department of Public Safety regarding outstanding warrants. The Department of Public
Safety will not allow the renewal of a driver's license until an outstanding court matter
has been adjudicated. This is one more tool to help the City with its outstanding
warrants.
Councilmember Owens asked about the division of the fees charged for the service. He
asked if the four dollars received from the fee of thirty dollars is enough to pay for the
administration costs of the program.
Court Administrator Pat Riffel stated the City will receive the four dollars and the amount
for the fee associated with the warrant.
Executive Director of Community Services Nick Finan stated this is a voluntary program.
There is a minimal cost for use of the program. A great deal of administration currently
has to take place and possibly could be transferred to the State through the HTE
system.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2005-75 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AN AMENDED
DEVELOPMENT AGREEMENT WITH LENNAR HOMES OF TEXAS AND
CONSTRUCTION, LTD., A TEXAS LIMITED PARTNERSHIP, DBA "FRIENDSWOOD
DEVELOPMENT COMPANY." Mr. Alan Mueller, Deputy City Manager.
Councilmember Cole made the motion, seconded by Mayor Pro -Tem Viktorin, to
approve Resolution No. R2005-75.
City Manager Bill Eisen stated Council has held two Workshops regarding this item.
There are changes within the agreement. One change request is that the developer
constructs a Fire Station in the area. The other change provides the overall fee of
$94.30 per lot for development will go toward County Road 58 improvements. An
addition of 111 acres has also been included in the agreement. The agreement has
some additional provisions.
Page 9 of 14 — 4/25/2005
Councilmember Marcott asked if all of the changes are included within the agreement.
Deputy City Manager Alan Mueller stated the changes are included with the agreement.
The County Road 58 fee is for some off-site improvements of County Road 58.
A brief discussion ensued among Council and Staff regarding the improvements.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2005-71 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE
ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 34 OF
APPROXIMATELY 45 ACRES OF LAND. Mr. Darrin Coker, City Attorney.
Councilmember Tetens made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2005-71.
City Manager Bill Eisen stated Southern Trails has recently acquired 45 acres and is
currently asking for those acres to be added to the existing Municipal Utility District.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2005-76 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING THE
CREATION OF A RURAL TRANSIT DISTRICT IN FORT BEND COUNTY AND
AUTHORIZING THE SELECTION OF THE COMMISSIONERS COURT OF FORT
BEND COUNTY TO ACT AS THE GOVERNING BODY OF THE DISTRICT.
Mr. Tom Reid, Mayor.
Councilmember Owens made the motion, seconded by Councilmember Cole, to
approve Resolution No. R2005-76, as amended, to have no taxing authority.
City Manager Bill Eisen stated the District should not have taxing authority and is not
sure if this is considered within the current document.
Page 10 of 14 — 4/25/2005
Mayor Reid stated he was contacted by Commissioner James Patterson of Fort Bend
County regarding transportation methods. Pearland has a portion of Fort Bend County
and in order to move forward with the creation of a Rural Transit District, approval has
to be given by the City of Pearland. This will help the organization receive funding for
the Transit District.
A brief discussion ensued among Council regarding the concern of it being a taxing
authority.
City Attorney Darrin Coker stated this could be included within the language of the
Resolution.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1216 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT
OF AN AEROBIC SPRINKLER SYSTEM AND WELL HOUSE INTO THE CITY'S
RIGHT-OF-WAY. Mr. Darrin Coker, City Attorney.
Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 1216 on its first reading.
City Manager Bill Eisen stated this encroachment is unique and this is the reason it is
before Council at this time.
City Attorney Darrin Coker stated the Planning & Zoning Department has been working
with the business regarding a proposed expansion. This encroachment involves an
aerobic sprinkler system that would be located in the middle of the White Road right-of-
way. The Well House will encroach on the property once the development and
dedication of property is made. A Protective Covenant Agreement is also attached.
Councilmember Marcott asked for information regarding the location of Beltway 8 and
Almeda School Road in relation to the property.
City Attorney Darrin Coker gave some clarification regarding the location of Beltway 8
and Almeda School Road.
Discussion ensued among Council and Staff regarding the extension of County Road 48
in the area.
Page 11 of 14 — 4/25/2005
Councilmember Cole asked for clarification regarding the Protective Covenant
Agreement.
City Attorney Darrin Coker stated the Protective Covenant Agreement would be signed
prior to authorizing the waiver of encroachment.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
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.
Councilmember Marcott made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2005-67.
City Manager Bill Eisen stated this item is regarding some changes to the storm water
detention requirements that were adopted last year by Council. All retention ponds in
new developments will be required to increase in size. This item would authorize the
City to evaluate existing retention ponds to see how they could meet the new standards
and what impact this would have on the surrounding properties. LJA Engineering would
be performing those services.
Councilmember Marcott stated he is concerned about the contract. He stated
Dannenbaum Engineering has done the work on all of the plans regarding the creek.
They know Clear Creek. The knowledge they have is above and beyond the knowledge
of LJA Engineering.
City Manager Bill Eisen stated Dannenbaum Engineering is currently working with the
City. He only has a concern regarding time of the project, due to their Hydrology
personnel being very busy.
City Engineer stated they tried to find the most qualified firm to meet the services they
are trying to perform. All of the firms have the same effective models and software
packages associated with the creek. They are all probably equally knowledgeable of
the City's drainage systems.
Page 12 of 14 — 4/25/2005
Councilmember Cole stated he has some concern regarding previous problems with the
firm.
A brief discussion ensued among Council and Staff regarding the firm.
Voting "Aye" Councilmembers Tetens and Viktorin.
Voting "No" Councilmembers Owens, Marcott, and Cole.
Motion Failed 3 to 2.
Council adjourned into Executive Session under Texas Government Code at 8:57 p.m.
to discuss the following:
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.087 — CONSULTATION WITH CITY
ATTORNEY — REGARDING ECONOMIC DEVELOPMENT
NEGOTIATIONS. Mr. Bill Eisen, City Manager.
2. SECTION 551.074 — PERSONNEL MATTERS — ANNUAL
EVALUATION OF THE CITY MANAGER. City Council.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 11:01 p.m.
COUNCIL ACTION — AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN ECONOMIC INCENTIVE DEVELOPMENT AGREEMENT.
City Council.
No Council action taken.
COUNCIL ACTION — REGARDING ANNUAL EVALUTION OF THE CITY MANAGER.
City Council.
ADJOURNMENT
Meeting was adjourned at 11:02 p.m.
Minutes approved as submitted and/or corrected this the 9th day of May , 2005.
Page 13 of 14 — 4/25/2005
�oyyL
Tom Reid
Mayor
ATTEST:
Page 14 of 14 — 4/25/2005