2005-06-13 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON JUNE 13, 2005, AT 7:30 P.M., IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
The meeting was called to order at 7:30 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Kevin Cole
Richard Tetens
Woody Owens
Larry Marcott
Charles Viktorin
Bill Eisen
Darrin Coker
Young Lorfing
Others in attendance: Executive Director of Community Services Nick Finan; Executive
Director of Pearland Economic Development Corporation Fred Welch; Police Chief J.C.
Doyle; City Engineer Doug Kneupper; Parks and Recreation Director Rhonda Cyrus;
Public Works Director Jerry Burns; EMS Director Jeff Sundseth; Purchasing Officer
Gordon Island; Project Director Joe Wertz; and Public Affairs Liaison Lynn Munford.
The invocation was given by Mayor Pro -Tem Kevin Cole and the Pledge of Allegiance
was led by Police Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid, Police Chief Doyle and members of the Exchange Club presented a
proclamation to Officer DeWayne Crabb proclaiming "Officer DeWayne Crabb 2005
Pearland Exchange Club Officer of The Year." On February 9, 2005, Officer Crabb
initiated a traffic stop that resulted in the arrest of two individuals that had not only
committed a burglary in Pearland earlier that night but also cleared six other cases
pending in Pearland, Houston, and Pasadena. Police Chief Doyle stated that everyone
at the Pearland Police Department is extremely proud of Officer Crabb. He is an
outstanding example of the men and women that you have in the Pearland Police
Department, going the extra mile and doing what it takes to make an appropriate arrest
and get the criminals off the street. Chief Doyle commended Officer Crabb for his
actions. Gordon Island, with the Exchange Club also stated how happy they are that
Officer Crabb was the recipient this year. Officer Crabb thanked Chief Doyle, the City of
Pearland, and the Exchange Club. In closing, Officer Crabb stated he will continue to
be an aggressive officer on the streets of Pearland.
Mayor Reid and Councilmember Marcott presented a proclamation to representatives
from Keep Pearland Beautiful proclaiming Monday, June 13, 2005 as "Cigarette Litter
Page 1 of 17 — 6/13/2005
Awareness Day. Executive Director of Keep Pearland Beautiful Linda Cowles
presented the Council and Mr. Eisen with tee-shirts stating "Don't Leave Your Butts
Behind in Pearland, Texas" it's the law. Ms. Cowles invited everyone to the Keep Texas
Beautiful Convention. Keep Pearland Beautiful has won a Second Place Award and the
Governor's Achievement Award will be presented at the Convention on June 30, 2005.
Mayor Reid reported on May 26, he attended the Bay Area Transportation Partnership
Executive Committee Meeting; May 27 he attended the Transportation Policy Council
Board of Directors; the Cancer Society Walk for Life Event; May 28 he attended the
Cinema 6 Annual Community Event; May 31 he attended the Chamber Industry of the
Year Committee; the Houston Partnership Recognition of Congressman Tom DeLay;
June 2 he attended the CineMark-16 Grand Opening Event; the South East Shrine Club
Monthly Meeting; June 3 he attended a meeting with Doug Sanders and developers;
June 6 he attended an Agenda Meeting; met with Rhonda Cyrus regarding the City
Council Chamber Renovation; June 8 he attended the Adult Reading Center Board of
Directors; June 9 he met with Don McCormick and developers; participated in the
United Way Men Who Cook Event; June 10 he met with Southwestern Bell employees
on Special Use Permits; June 11 he attended Steve Freedman's Neighborhood Center
Event; June 12 he presented a Proclamation for Silverlake Church 10th Anniversary.
COUNCIL ACTIVITY REPORTS
Councilmember Tetens, Mayor Pro -Tem Cole and Councilmember Marcott passed on
giving a report.
Councilmember Owens reported that on June 29th representatives from Brazoria County
are going to Austin. On June 30th they will go before the Texas Highway Commission to
give a presentation on upgrades that are needed in the County on Highway 36 and SH
288. Councilmember Owens invited everyone that lives in Brazoria County that would
like to attend to be in Austin at 9:00 a.m. the morning of June 30th at the Dewitt C. Greer
Building.
Councilmember Viktorin stated he attended St. Helen's Bazaar and if you have never
attended that event, it is wonderful, and there is so much for kids and adults to do.
CITY MANAGER'S REPORT
City Manager Bill Eisen reported he attended the annual Texas City Management
Association in Galveston and it was an excellent conference. Mr. Eisen also announced
next Tuesday, June 21, 2005 at 7:00 p.m. in the Council Chambers the Emergency
Management Department will be hosting the Annual Hurricane Awareness Seminar.
The seminar will give tips on being prepared in the event of a storm or hurricane.
Page 2 of 17 — 6/13/2005
CITIZENS
Gerald Bare, 4005 Manvel Rd., addressed Council and stated he would like to have the
resignation of the City Manager. He expressed his concerns with the City Manager
regarding someone digging on their property with the possibility of hitting pipelines.
After expressing his concerns the next day he received a call from the City reporting
that it is not a City project. Mr. Bare stated the City was given an opportunity to tell him
or someone that the gas lines are not marked.
Michael Klaus, 5016 Groveton, addressed Council and stated that he feels the Texas
Air and National Guard 147th Fighter Wing has been active for more than 29 years. Mr.
Klaus stated his concerns regarding surface water and subsidence. In conclusion, he
asked if there could be a method by which the general public could receive information
on issues the Lobbyist is working on and projects that he has been successful with.
Richard Keschinger, 2011 Sleepy Hollow Dr. addressed Council regarding the Yost
Road Project. He stated that on paper there is a completion date of June 30 h, which is
in 17 days and it doesn't appear the project will be complete, and would like to know an
approximate date the project will be complete. He reported that the cement has not
been poured yet. Mr. Keschinger asked if a contract is late, is there a penalty within the
contract. In closing, he asked if the sign at Yost Road and FM 518 stating the cost of
the project includes the labor and time the City employees have spent on the project.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES:
1. Minutes of the May 16, 2005, Joint Public Hearings held at 6:30 p.m.
2. Minutes of the May 17, 2005, Special Meeting held at 6:45 p.m.
3. Minutes of the May 23, 2005, Regular Meeting held at 7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1219 — AN ORDINANCE OF THE CITY OF
PEARLAND ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM
(NIMS) AS THE STANDARD FOR INCIDENT MANAGEMENT. Mr. Steve
Chapman, Fire Marshal.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-778 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE
NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE
CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
Page 3 of 17 — 6/13/2005
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING A 15.00
ACRE TRACT OF LAND OUT OF THE DISSEN CALLED 136.955 ACRE
TRACT, RECORDED IN VOLUME 505, PAGE 86, OF THE DEED RECORDS
OF BRAZORIA COUNTY, TEXAS, SITUATED IN THE THOMAS J. GREEN
SURVEY, ABSTRACT 198, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS; A 26.9158 ACRE TRACT OF LAND IN THE THOMAS J. GREEN
SURVEY, ABSTRACT 165, BRAZORIA COUNTY, TEXAS, AND BEING A PART
OF THAT CERTAIN 136.955 ACRE TRACT, RECORDED IN VOLUME 505,
PAGE 86, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, CITY
OF PEARLAND, BRAZORIA COUNTY, TEXAS; 5.7375 ACRES OF LAND
SITUATED IN THE W.D.C. HALL SURVEY, ABSTRACT 23, HARRIS COUNTY,
TEXAS, AND BEING OUT OF A 468.92 ACRE TRACT BEING MORE FULLY
DESCRIBED IN VOLUME 1676, PAGE 362, OF THE DEED RECORDS OF
HARRIS COUNTY, TEXAS, CITY OF PEARLAND, HARRIS COUNTY, TEXAS
(GENERALLY LOCATED ON THE NORTH SIDE OF FM 518 (BROADWAY
STREET), AND ON THE EAST SIDE OF PEARLAND PARKWAY)
(APPLICATION NO. 1226) FROM CLASSIFICATION GENERAL BUSINESS
DISTRICT (GB), SINGLE FAMILY DWELLING DISTRICT (R-2), (R-3), AND (R-
4), TO PLANNED UNIT DEVELOPMENT DISTRICT (PUD), AT THE REQUEST
OF LJA ENGINEERING AND SURVEYING, INC., APPLICANT FOR THE
MAVERICK GROUP, 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. Mr. Nick Finan, Executive Director of Community
Services.
D. CONSIDERATION AND POSSIBLE ACTION — EXCUSE MAYOR TOM REID'S
ABSENCE FROM THE MAY 23, 2005, REGULAR COUNCIL MEETING.
City Council.
E. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE
OF SHADOW CREEK RANCH SF -45 A. Mr. Doug Kneupper, City Engineer.
F. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE
OF SHADOW CREEK RANCH SF -47. Mr. Doug Kneupper, City Engineer.
G. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE
OF SOUTHGATE SECTION TWO. Mr. Doug Kneupper, City Engineer.
H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. 2005-98 — A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
SUPPORTING THE TEXAS AIR NATIONAL GUARD 147TH FIGHTER WING AT
ELLINGTON FIELD. Mr. Bill Eisen, City Manager.
Page 4 of 17 — 6/13/2005
Councilmember Tetens asked that Consent Agenda Item C be removed from the
Consent Agenda for further discussion.
Councilmember Tetens made the motion, seconded by Councilmember Owens, to
adopt Consent Agenda Items A through H with the exception of item C, as presented on
the Consent Agenda.
Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
As requested by Councilmember Tetens Consent Agenda Item G was removed from
the Consent Agenda for further discussion.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-778 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE
NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE
CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING A 15.00
ACRE TRACT OF LAND OUT OF THE DISSEN CALLED 136.955 ACRE
TRACT, RECORDED IN VOLUME 505, PAGE 86, OF THE DEED RECORDS
OF BRAZORIA COUNTY, TEXAS, SITUATED IN THE THOMAS J. GREEN
SURVEY, ABSTRACT 198, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS; A 26.9158 ACRE TRACT OF LAND IN THE THOMAS J. GREEN
SURVEY, ABSTRACT 165, BRAZORIA COUNTY, TEXAS, AND BEING A PART
OF THAT CERTAIN 136.955 ACRE TRACT, RECORDED IN VOLUME 505,
PAGE 86, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, CITY
OF PEARLAND, BRAZORIA COUNTY, TEXAS; 5.7375 ACRES OF LAND
SITUATED IN THE W.D.C. HALL SURVEY, ABSTRACT 23, HARRIS COUNTY,
TEXAS, AND BEING OUT OF A 468.92 ACRE TRACT BEING MORE FULLY
DESCRIBED IN VOLUME 1676, PAGE 362, OF THE DEED RECORDS OF
HARRIS COUNTY, TEXAS, CITY OF PEARLAND, HARRIS COUNTY, TEXAS
(GENERALLY LOCATED ON THE NORTH SIDE OF FM 518 (BROADWAY
STREET), AND ON THE EAST SIDE OF PEARLAND PARKWAY)
(APPLICATION NO. 1226) FROM CLASSIFICATION GENERAL BUSINESS
DISTRICT (GB), SINGLE FAMILY DWELLING DISTRICT (R-2), (R-3), AND (R-
4), TO PLANNED UNIT DEVELOPMENT DISTRICT (PUD), AT THE REQUEST
OF LJA ENGINEERING AND SURVEYING, INC., APPLICANT FOR THE
MAVERICK GROUP, LLP, OWNER, PROVIDING FOR AN AMENDMENT OF
THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
Page 5 of 17 — 6/13/2005
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 Mayor Pro -Tem Cole, to
approve Consent Item C. Ordinance No. 509-778 on its second and final reading.
City Manager Bill Eisen stated this is a zoning issue which relates to a piece of property
that wraps around the Lowe's Home Improvement Center on Pearland Parkway and FM
518. It is a mixed use development and is a combination of town homes, office
professional, and retail types of uses.
Councilmember Tetens stated he objected to this ordinance on its first reading because
of the density of the subdivision and not enough green space. He further stated he
does not feel that a subdivision with this high density is an asset to the community and
feels it is a detriment to the quality of life for the citizens that live here. He pulled this
item so he could vote against it again.
Councilmember Viktorin stated he respects Councilmember Tetens comments and they
are always good comments. His view on this particular development is that it is a good
transition behind Lowe's into the Green Tee Subdivision, additionally the developer is
paying to construct the road. In this particular situation, he feels the overall impact to
the City will be a positive one.
Voting "Aye" Councilmembers Owens, Cole, Marcott, and Viktorin.
Voting "No" Councilmember Tetens.
Motion Passed 4 to 1.
NEW BUSINESS
Mayor Reid, with concurrence of Council, moved to New Business Item No. 7.
COUNCIL ACTION — RESOLUTION NO. 2005-102 — 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 MEYERS
AND ASSOCIATES ASSOCIATED WITH THE PERFORMANCE OF LOBBYING
SERVICES. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2005-102.
City Manager Bill Eisen stated this item provides for a month-to-month agreement that
Page 6 of 17 — 6/13/2005
can be canceled at any time by either party, for services of Meyers and Associates to
assist the City with various Federal issues that may come up in Washington, not the
least of which and the most pressing and urgent to the City, is the Clear Creek Project.
Councilmember Owens asked that the Council be given briefings on the goals the City
is trying to achieve.
Voting "Aye" Councilmembers Viktorin, Marcott, Cole, 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. 509-780 — 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 12, SECTION 3, OF
GARDEN ACRES SUBDIVISION, ABSTRACT 219, H.T. & B.R.R. COMPANY
SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 2539
THELMA DRIVE)(APPLICATION NO. 1228) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT
THE REQUEST OF GLADYS DIAN LANE, 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. 509-781 — 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 91-17 AND 91-14, OF
RICHLAND ACRES SUBDIVISION, AN UNRECORDED SUBDIVISION, H.T. & B.R.R.
COMPANY SURVEY, ABSTRACT 509, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS (LOCATED AT 3801 AUBRELL DRIVE) (APPLICATION NO. 1229) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-1) AT THE REQUEST OF SEAN SCOTT, 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.
Page 7 of 17 — 6/13/2005
Mayor Pro -Tem Cole made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 509-780 and Ordinance No. 509-781 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. 1228 and Application No. 1229.
Voting "Aye" Councilmembers Viktorin, Marcott, Cole, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-782 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY LOCATION BEING LOTS 1, 2, 13, AND 14, BLOCK
2, OF CAS CON ACRES, ABSTRACT 509, H.T. & B.R.R. COMPANY SURVEY, CITY
OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE
EAST SIDE OF HARKEY ROAD, ON THE SOUTH SIDE OF WILLOW STREET, AND
ON THE NORTH SIDE OF COTTONWOOD STREET) (APPLICATION NO. 1230)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
NEIGHBORHOOD SERVICE DISTRICT (NS) AT THE REQUEST OF EDWARD M.
POLKER, 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. 509-782 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. 1230 because the proposed zone
change for Neighborhood Services (NS) does not conform to the "Low Density
Residential" land use designation as recommended by the Comprehensive Plan; the
proposed zone change for Neighborhood Services (NS) is inconsistent and
incompatible with existing R-1 residential districts and single family residential land
within the subject area and the proposed zone change for Neighborhood Services (NS)
has the potential to cause a negative impact on the surrounding residential land uses by
introducing an increase in traffic, service vehicles noise, as well as other impacts
brought about by non -residual land uses.
Voting "Aye" None.
Page 8 of 17 — 6/13/2005
Voting "No" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin
Motion Failed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-783 — 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, TRACT 11-C, H.T.
& B.R.R. COMPANY SURVEY, SECTION 2, ABSTRACT 542, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (LOCATED ON THE NORTH SIDE OF ORANGE
STREET, AND EAST OF STATE HIGHWAY 35 (MAIN STREET)) (SPECIFIC USE
PERMIT APPLICATION NO. 143) FOR A SPECIFIC USE PERMIT FOR STORAGE
AND MINI -WAREHOUSE IN THE COMMERCIAL DISTRICT (C(S)), AT THE
REQUEST OF BOBBY B. TRAN, APPLICANT FOR TWIN OAKS BUSINESS PARK,
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 Viktorin made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 509-783 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for denial of Specific Use Permit Application No. 143.
Councilmember Tetens stated the property is already zoned Commercial and a specific
use for storage and mini -warehouses would only further restrict the use of the property
so that other commercial uses could not go in there. It is his recommendation to allow
the mini -warehouses with a specific use.
Councilmember Marcott stated he disagrees. This is not the highest and best use. The
Old Townsite Study mentions parkland through this area. It is a natural area from
Grand out to the Creek; it would preserve the trees and could potentially be used as an
area to have concerts, similar to Friendswood. He feels it is the wrong direction when a
piece of land like this is given up that could be used to better the community. In closing,
he stated he is opposed to this change.
Councilmember Tetens stated he would agree with Councilmember Marcott if that could
be done. The land is already zoned and the specific use language restricts it even
more.
Councilmember Viktorin stated with the specific use, there is some control in this
situation.
Page 9 of 17 — 6/13/2005
City Attorney Darrin Coker stated this property can be used for any other purpose within
the Commercial zoning even if Council approve this specific use permit. It entitles the
applicant to have storage and mini -warehouses as well, and is not like a Planned Unit
Development (PUD) where they are required to adhere to a planned development.
Additional discussion ensued between Council and Staff regarding this zone request
and the requirement of a six foot masonry fence.
Voting "Aye" Councilmembers Viktorin, Cole, Owens, and Tetens.
Voting "No" Councilmember Marcott.
Motion Passed 4 to 1.
FIRST READING OF ORDINANCE NO. 509-779 — 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 30.06 ACRES OF LAND,
SITUATED IN THE H.T. & B.R.R. COMPANY SURVEY, SECTION 1, ABSTRACT 233,
AND THE R.B. LYLE SURVEY, SECTION 2, ABSTRACT 542, ALSO BEING ALL OF
RESERVE "A," "B," "C," AND "D," OF PEARLAND CENTRAL WAL-MART, A
SUBDIVISION RECORDED AT VOLUME 24, PAGE 250, OF THE BRAZORIA
COUNTY PLAT RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(LOCATED AT 1919 N. MAIN STREET) (SPECIFIC USE PERMIT APPLICATION NO.
142) FOR A SPECIFIC USE PERMIT FOR OUTSIDE DISPLAY, STORAGE, AND
SALE OF MERCHANDISE AND EQUIPMENT IN THE COMMERCIAL DISTRICT
(C(S)), AT THE REQUEST OF HUGH BLANCHARD, APPLICANT FOR WAL-MART
STORES TEXAS L.P., 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 Cole made the motion, seconded by Councilmember Owens, to table
Ordinance No. 509-779 on its first reading to allow staff to further review this request
regarding outside storage at this location.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Specific Use Permit Application No. 142.
City Manager Bill Eisen stated this item relates to outside storage issues at the Wal-
Mart Super Center under construction on SH 35 and is a result of the need to clarify
some issues regarding the types of storage and locations of outside storage on the
property. Some specific provisions have been added to the Specific Use Permit.
Page 10 of 17 — 6/13/2005
Discussion ensued between Council and staff regarding outside storage at this location
before the motion to table was made.
Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 943-11 — 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 Owens made the motion, seconded by Mayor Pro -Tem Cole, to
approve Ordinance No. 943-11 on its first reading.
City Manager Bill Eisen stated this is an amendment to the Master Thoroughfare Plan.
In most cases, it reflects some changes that have already occurred, where previously
the Thoroughfare Plan may have referred to proposed street with right -of ways being
acquired. In many cases we have acquired the right-of-ways and built those streets and
this reflects those changes. There are also other circumstances which occurred in the
course of reviewing and improving developments over the past few years. The City
Council has made some modifications to the various locations of the physical
alignments of streets shown in the Thoroughfare Plan.
Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. 2005-96 — 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. Bill Eisen, City Manager.
Mayor Pro -Tem Cole made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2005-96.
Page 11 of 17 — 6/13/2005
City Manager Bill Eisen stated the Council recently held a workshop which is the third
amendment to the Development Agreement with Friendswood Development Company
for the Savannah Subdivision, which is located in the City's extra territorial jurisdiction.
This involves several changes; one incorporates some additional properties to the
development and those properties total approximately 181 acres. The development
does retain the same number of units per acres; also some issues were raised at the
time this issue was discussed in a workshop setting relating to some of the wording in
the existing agreement regarding the responsibility for a fire station site and the
construction of the fire station. Those issues have been addressed in the document
Council is considering this evening.
Voting "Aye" Councilmembers Viktorin, Marcott, Cole, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. 2005-97 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONSENTING TO AN
APPLICATION FOR DUAL CERTIFICATION ASSOCIATED WITH THE CERTIFICATE
OF CONVENIENCE AND NECESSITY FOR BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 21. Mr. Bill Eisen, City Manager.
Councilmember Marcott made the motion, seconded by Councilmember Viktorin, to
approve Resolution No. R2005-97.
City Manager Bill Eisen stated this also relates to the previous item and includes the
additional 181 acres that are added to Savannah. This will also allow the Municipal
Utility District to serve the area. The Certificate of Convenience and Necessity that the
City has to serve that area will be dual certification. Either entity could serve Savannah;
however, for the time being at least, Municipal Utility District No. 21 will provide service
to the area.
Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 669-3 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ARTICLE II,
RIGHT-OF-WAY MANAGEMENT, OF CHAPTER 26, RIGHTS-OF-WAY, OF THE CITY
OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO
TIME, AMENDED; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS
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CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR
CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE; AND DECLARING AN
EMERGENCY AS THE NEED TO REGULATE THE CITY'S RIGHTS-OF-WAY INURES
TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON
THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Darrin Coker, City
Attorney.
Councilmember Viktorin made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 669-3 on its first and only reading as amended.
Councilmember Viktorin made the motion, seconded by Councilmember Tetens, to
amend Ordinance No. 669-3, Section 11., on Page 8 regarding the second submittal of
preliminary plan from (60%) to (30%) and on Page 9 within (30) days of receipt of
second submittal of the preliminary project plans to (30) days of receipt of first submittal
of the preliminary project plans.
Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
City Manager Bill Eisen stated this establishes specific additions to the ordinance that
regulates the use of the City's right-of-way by public utilities in the City, and further
clarifies the time periods that will be necessary when relocations are required by the
City.
City Attorney Darrin Coker briefly reviewed the changes. He stated specifically these
changes are designed to address the relocation of facilities by right-of-way users not
necessarily the permitting process which is addressed in other sections.
Discussion ensued between Council, Staff and City Attorney regarding changes to the
ordinance. After the discussion, it was the recommendation of the Council to amend
Section 11 as stated in the amendment.
Voting "Aye" Councilmembers Viktorin, Marcott, Cole, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1220 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 9 Y2,
EMERGENCY MEDICAL SERVICES, OF THE CITY OF PEARLAND CODE OF
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ORDINANCES, FOR THE PURPOSE OF UPDATING THE ORDINANCES RELATIVE
TO EMERGENCY MEDICAL SERVICES; PROVIDING A PENALTY FOR VIOLATION;
HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER
CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION, AND AN EFFECTIVE
DATE. Mr. Darrin Coker, City Attorney.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Cole, to
approve Ordinance No. 1220 on its first reading
City Manager Bill Eisen stated this is an amendment to the Emergency Medical
Services Ordinance by adding a specific section which places requirements on non-
emergency transport ambulance services within the City. This also provides for periodic
inspection of the ambulances by the EMS Director to ensure that the service providers
doing these types of transports are properly supplied, equipped and in compliance with
the ordinance.
Emergency Medical Services Director Jeff Sundseth stated it is apparent from the
increase in the adult type of facilities in the City, the City needs some type ability to
monitor the private ambulances. Mr. Sundseth showed Council the new inspection
sticker that would be issued and displayed for each ambulance that is inspected by
EMS. This is a protection for the Citizens. He further reported all ambulances running
emergency traffic through the City will notify the police dispatcher.
Mayor Pro -Tem Cole asked about the insurance requirements stated in the ordinance
and recommended those limits be raised to one hundred thousand dollars ($100,000)
for each person, three hundred thousand dollars ($300,000) for each accident for
personal injuries, and one hundred thousand dollars ($100,000) for each property
damage.
Brief discussion ensued between Council and Staff regarding the proposed ordinance.
Voting "Aye" Councilmembers Viktorin, Marcott, Cole, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. 2005-100 — 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 FREESE AND
NICHOLS, INC., FOR ENGINEERING SERVICES ASSOCIATED WITH THE DESIGN
AND CONSTRUCTION OF BAILEY/OILER DRIVE BETWEEN SH 35 AND VETERANS
DRIVE. Mr. Bill Eisen, City Manager.
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This item was passed to a future agenda.
COUNCIL ACTION — RESOLUTION NO. 2005-99 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE HICKORY CREEK WATER
AND SEWER PROJECT. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Cole, to
approve Resolution No. R2005-99.
City Manager Bill Eisen stated this is a contract for the construction of the Hickory Creek
Subdivision water and sewer line project. Council may recall this area was annexed
into the City several years ago. This is part of the ongoing program that provides water
and sewer services in this area. Reddico Construction will be doing this work and has
done other jobs in the City in a satisfactory manner.
Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. 2005-103 — 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 BRW,
INC., FOR ARCHITECTURAL SERVICES ASSOCIATED WITH THE RENOVATION
AND EXPANSION OF THE KNAPP SENIOR CENTER. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Cole made the motion, seconded by Councilmember Marcott, to
approve Resolution No. R2005-103.
City Manager Bill Eisen stated the City's Community Development Block Grant Fund
Project for this year is beginning the design and architectural engineering work for
expansion of the Senior Citizens Facility at the Melvin Knapp Building. Mr. Eisen
clarified the City will not be entering into a contract. That way, it can be done by the
County as the Administrators of Community Development Block Grant Program.
Spending this much money on a City facility, he wanted Council to have the opportunity
to review who is going to be doing the work even if it is through the Grant Program. That
is what Council is being asked to consider this evening. This expenditure requires
$105,000 and any money that is left over will roll over into the actual improvements to
the facility.
Parks and Recreation Director Rhonda Cyrus gave a brief overview of the project, and
stated they are planning on completing the project within the budget.
Page 15 of 17 — 6/13/2005
Voting "Aye" Councilmembers Viktorin, Marcott, Cole, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. 2005-101 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO APPLY FOR A TEXAS PARKS AND WILDLIFE
TRAILS GRANT. Mr. Bill Eisen, City Manager.
Councilmember Marcott made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2005-101.
City Manager Bill Eisen stated the long term plans for the Southwest Environmental
Center has, for many years, included trails that will wrap around the lakes and will
eventually be tied into a trail system that Council has already reviewed and has a grant
application pending. This grant application will provide some matching funds to build
those trails around the lakes. The City's matching share will come primarily from the
City's Park Dedication Fund. Due to time constraints, the City did have to go ahead and
submit this application. If Council did not want to pursue the grant, the City can
withdraw the application. The amount of the grant is approximately $80.000.
Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:15 p.m.
to discuss the following:
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 551.071 — CONSULTATION WITH CITY ATTORNEY —
REGARDING POTENTIAL LITIGATION REGARDING CONSULTANT
AGREEMENT. Mr. Darrin Coker, City Attorney.
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NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 12:07 a.m.
COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS.
City Council.
No Council action taken.
COUNCIL ACTION — REGARDING POTENTIAL LITIGATION REGARDING
CONSULTANT AGREEMENT. Mr. Darrin Coker, City Attorney.
No Council action taken.
ADJOURNMENT
Meeting was adjourned at 12:08 p.m.
Minutes approved as submitted and/or corrected this the 27th day of June
2005.
• • Lo_ , ��.
ry
Tom Reid
Mayor
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