2005-08-08 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON AUGUST 8, 2005, AT 7:30 P.M., IN THE
CAFETERIA, AT CHALLENGER ELEMENTARY, 9434 HUGHES RANCH ROAD,
PEARLAND,TEXAS.
Mayor Reid called the meeting to order at 7:55 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Kevin Cole
Councilmember
Richard Tetens
Councilmember
Woody Owens
Councilmember
Larry Marcott
Councilmember
Charles Viktorin
City Manager
Bill Eisen
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Others in attendance: Executive Director of Community Services Nick Finan; Executive
Director of Economic Development Corporation Fred Welch; Police Chief J.C. Doyle;
Fire Chief Paul Jamison; City Engineer Doug Kneupper; Director of Finance Andrea
Gardner; Parks and Recreation Director Rhonda Cyrus; Director of Human Resources
and Safety Management Mary Hickling; Public Works Director Jerry Burns; Fire Marshal
Steve Chapman; EMS Director Jeff Sundseth; Purchasing Officer Gordon Island;
Project Director Joe Wertz; Assistant Police Chief Johnny Spires; Administrative Analyst
Chris Kidwell; Planning Manager of Community Development Lata Krishnarao; and
Planner 1 Theresa Grahmann; City Secretary Secretary Jane Taylor; City Secretary
Records Clerk Theresa Smith.
The invocation was given by Rev. Harold Gentry and the Pledge of Allegiance was led
by Police Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid introduced representatives from Keep Pearland Beautiful to give a
presentation regarding their annual report and awards. Keep Pearland Beautiful
Executive Director Linda Cowles spoke regarding their audit that was presented to
Council and then described the events that had been attended by the group and the
awards presented to the group.
Mayor Reid reported on July 28, he attended the ribbon cutting with Alexander
Consultants, the Bay Area Transportation Partnership Board of Directors, met with
developers in Shadow Creek Ranch; August 1, attended the Planning and Zoning
Council Meeting, met with Stacey Adams from Brazoria Drainage District No. 4,
attended a meeting with Dr. Staples and Ed Hugetts on the University of Houston
Page 1 of 16 — 8/8/2005
Campus for Pearland, attended a meeting with Stacey Adams, and Jack Harris
regarding Cowards Creek Engineering Study, and attended the Council Workshop;
August 2, videotaped his message for Congressman Tom Delay, met with Dr. Ferguson
on SH 35 raised median, and joined with Chief Doyle on National Night Out; August 3,
Mayor Reid spoke at the New Teacher's Breakfast; August 5-6, attended the TML
Region 14 Quarterly Meeting; August 8, a meeting with Doug Kneupper and developers.
COUNCIL ACTIVITY REPORTS
Mayor Pro -Tem Cole reminded everyone that school would be starting August 11, and
to be aware of the school zones that will be in place starting that day.
Councilmember Viktorin publicly thanked the City of Pearland's Fire Department and
Staff for their outstanding job in putting out a fire at his house on July 23.
CITY MANAGER'S REPORT
City Manager Bill Eisen gave a status report on filling the vacancy of the Deputy City
Manager's position. He stated he expects to have a list of finalists this coming week
and will be proceeding as soon as possible.
CITIZENS
Michael Klaus, 5016 Groveton, address Council and stated there is a new part of the
Federal Emergency Management Agency (FEMA) called Coordinating Technical
Program. The National Economic Development Model and the National Resources
Model will be released to the public on September 13, 2005, at the Galveston County
Consolidated Drainage District Building. Mr. Klaus stated his concerns regarding the
City's water quality and getting surface water from Houston. He also addressed Council
on having a new park on Orange. The City should get the park done and finish the Old
Townsite Project. He is disappointed that the Corrigan Committee was never told the
project was being put on hold. In closing, he asked that Staff please notify the Corrigan
Committee regarding future delays regarding the Corrigan Project.
Lora O'Neill, 2024 North Galveston, asked Council to consider purchasing the property
on Orange to connect Orange to the Old Town Ditch. The whole point of the Old
Townsite Project is to have old houses and a nice pleasant atmosphere. She also
stated the park means a lot and feels it would be perfect for the plan and for the heart of
Pearland.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
Page 2 of 16 — 8/8/2005
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES:
1. Minutes of the July 18, 2005, Joint Public Hearings held at 6:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-790 — 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 9.6167
ACRES OF LAND BEING ALL OF LOT 2 IN BLOCK 21, AND 14.3755 ACRES
OF LAND BEING ALL OF LOT 3 AND A PORTION OF LOT 4 IN BLOCK 20,
AND 4.6323 ACRES BEING OUT OF AND A PORTION OF LOT 1 IN BLOCK 20
AND LOT 3 IN BLOCK 21, ALL SITUATED IN THE T.C.R.R. COMPANY
SURVEY, SECTION 4, ABSTRACT 675, OF THE ALLISON RICHEY GULF
COAST HOME COMPANY'S PART OF SUBURBAN GARDENS SUBDIVISION,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2, PAGE 99,
OF THE BRAZORIA COUNTY MAP RECORDS, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED AT THE NORTHWEST
CORNER OF SH 288 AND FM 518 (BROADWAY STREET)) (ZONE CHANGE
APPLICATION NO. 1234) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT b(SD) AND OFFICE AND PROFESSIONAL
DISTRICT (OP) TO COMMERCIAL DISTRICT (C) AND PLANNED UNIT
DEVELOPMENT DISTRICT (PUD), AT THE REQUEST OF KERRY R.
GILBERT AND ASSOCIATES, INC., APPLICANT FOR WCF DEVELOPMENT,
LLC, 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 — EXCUSE COUNCILMEMBER
RICHARD TETENS' ABSENCE FROM THE JULY 25, 2005, REGULAR
COUNCIL MEETING. City Council.
D. CONSIDERATION AND POSSIBLE ACTION — EXCUSE COUNCILMEMBER
CHARLES VIKTORIN'S ABSENCE FROM THE JULY 25, 2005, REGULAR
COUNCIL MEETING. City Council.
E. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE
OF TWIN LAKES SECTION 1. Mr. Doug Kneupper, City Engineer.
F. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE
OF CYPRESS VILLAGE SECTION 2.
Mr. Doug Kneupper, City Engineer.
Page 3 of 16 — 8/8/2005
G. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE
OF SOUTHERN TRAILS PHASE 1 SECTION 1.
Mr. Doug Kneupper, City Engineer.
H. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE
OF SOUTHERN TRAILS PHASE 1 SECTION 2.
Mr. Doug Kneupper, City Engineer.
I. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE
OF SOUTHERN TRAILS PHASE 1 SECTION 4.
Mr. Doug Kneupper, City Engineer.
J. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-784 — 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 2.370
ACRE TRACT IN THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 542,
BEING PART OF THE SOUTH ONE-HALF OF LOT 58 OF THE W.
ZYCHLINSKI SUBDIVISION, SECTION TWO AS RECORDED IN VOLUME 29,
PAGE 43 OF THE BRAZORIA COUNTY DEED RECORDS, AND IS PART OF
THE REMAINDER OF A 9.6659 ACRE TRACT DESCRIBED IN A DEED TO
PEARLAND STORAGE FACILITY, L.C., AS RECORDED IN CLERK'S FILE
NUMBER 93-020900 OF THE BRAZORIA COUNTY OFFICIAL RECORDS,
CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED
ON THE EAST SIDE OF STATE HIGHWAY 35 (MAIN STREET), AND ON THE
NORTH SIDE OF FUTURE MCHARD ROAD) (SPECIFIC USE PERMIT
APPLICATION NO. 144) 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 OFFICE WEST
REALTY COMPANY, APPLICANT FOR PEARLAND STORAGE FACILITY, L.C.,
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.
K. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2005-126
— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, PLACING ON THE AGENDAS OF THE SEPTEMBER 12, 2005, AND
SEPTEMBER 19, 2005, CITY COUNCIL MEETINGS CONSIDERATION OF
THE PROPOSED FISCAL YEAR 2005-2006 TAX RATE AND SETTING THE
PUBLIC HEARING ON THE TAX RATE. Mr. Bill Eisen, City Manager.
Page 4 of 16 — 8/8/2005
L. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2005-127
— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, ACCEPTING THE 2005 CERTIFIED APPRAISAL ROLL AND
ASSOCIATED NEW CONSTRUCTION VALUES FOR THE CITY OF
PEARLAND. Mr. Bill Eisen, City Manager.
M. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2005-128
— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, PLACING ON THE AGENDAS OF THE SEPTEMBER 12, 2005, AND
SEPTEMBER 19, 2005, CITY COUNCIL MEETINGS CONSIDERATION OF
THE PROPOSED FISCAL YEAR 2005-2006 BUDGET AND SETTING THE
PUBLIC HEARING ON THE BUDGET. Mr. Bill Eisen, City Manager.
Mayor Reid announced Consent Agenda Items K and M would be passed to a future
agenda with no Council action taken.
Councilmember Marcott asked that Consent Agenda Item J 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 M with the exception of items J, K, and M, 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 Marcott, Consent Agenda Item J was removed from
the Consent Agenda for further discussion.
J. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-784 — 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 2.370
ACRE TRACT IN THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 542,
BEING PART OF THE SOUTH ONE-HALF OF LOT 58 OF THE W.
ZYCHLINSKI SUBDIVISION, SECTION TWO AS RECORDED IN VOLUME 29,
PAGE 43 OF THE BRAZORIA COUNTY DEED RECORDS, AND IS PART OF
Page 5 of 16 — 8/8/2005
THE REMAINDER OF A 9.6659 ACRE TRACT DESCRIBED IN A DEED TO
PEARLAND STORAGE FACILITY, L.C., AS RECORDED IN CLERK'S FILE
NUMBER 93-020900 OF THE BRAZORIA COUNTY OFFICIAL RECORDS,
CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED
ON THE EAST SIDE OF STATE HIGHWAY 35 (MAIN STREET), AND ON THE
NORTH SIDE OF FUTURE MCHARD ROAD) (SPECIFIC USE PERMIT
APPLICATION NO. 144) 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 OFFICE WEST
REALTY COMPANY, APPLICANT FOR PEARLAND STORAGE FACILITY, L.C.,
OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT
MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Mr. Nick Finan, Executive Director of Community Services.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Cole, to
approve Ordinance No. 509-784 on its second and final reading as presented on the
Consent Agenda.
City Manager Bill Eisen stated that this item is a Specific Use Permit which will allow for
the expansion of an existing storage facility that would be located East of SH 35 and
North of McHard Road. The Council on the first reading previously approved this item
and the developers requested further action taken with the application.
Councilmember Marcott stated if this is approved; the developers will not do what they
say they are going to do with the property. He understands that there may be some
problems regarding the work they are doing on FM 518 by Dixie Farm Road. He has
several concerns with this developer and does not think that this is the highest and best
use for the property and is strongly opposed.
Voting "Aye" Councilmembers Viktorin, Cole, Owens, and Tetens.
Voting "No" Councilmember Marcott.
Motion Passed 4 to 1.
NEW BUSINESS
Mayor Reid, with concurrence of Council, moved to New Business Item. No 4
FIRST READING OF ORDINANCE NO. 509-792 — 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
Page 6 of 16 — 8/8/2005
OF CERTAIN REAL PROPERTY LOCATION BEING 9.989 ACRES OF LAND, LOT 33,
SECTION 10, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 505, ALLISON RICHEY
GULF COAST HOME COMPANY SUBDIVISION, AS RECORDED IN VOLUME 2,
PAGE 84, OF THE BRAZORIA COUNTY PLAT RECORDS, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (LOCATED ON THE WEST SIDE OF MAX ROAD, AND
SOUTH OF BROOKSIDE ROAD) (ZONE CHANGE APPLICATION NO. 1235 AND
SPECIFIC USE PERMIT APPLICATION NO. 148) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY
DWELLING DISTRICT (R -E), AND APPROVAL OF A SPECIFIC USE PERMIT FOR A
CHURCH (R-E(S)), AT THE REQUEST OF SOVEREIGN GRACE CHURCH,
APPLICANT FOR DR. TED CLEAVES, OWNER, PROVIDING FOR AN AMENDMENT
OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community
Services.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Cole, to
approve Ordinance No. 509-792 on its first reading as amended to remove Condition
No. 4, the requirement of a six-foot masonry fence.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Application No. 1235 and Specific Use Permit
Application No. 148.
City Manager Bill Eisen stated there are two applications being considered. One is the
change in zoning and the second is a Specific Use Permit that will allow for the location
of a church in a residential zone.
Alan Allen, 3125 English Oaks Boulevard, asked Council to consider the removal of
condition four; the construction of the six-foot masonry fence that surrounds the west
and north side of one application, and the North and East side of another. He stated the
fence would put an unnecessary burden on churches.
Grady Vanwright, 5206 Play Drive, addressed Council and stated that the rule requiring
a church to build a six-foot masonry fence is impractical and brutal. Mr. Vanwright
states it is impractical because it would be a significant cost to small churches. He also
stated it is ambiguous because he is not sure whether the church would build the fence
around the entire six acres or just about the building. In closing, he asked Council to
reconsider the six-foot masonry fence.
Rev. Harold Gentry, 1618 Inverness Lane, addressed Council and stated that one of the
greatest agencies you can have in a community is a church. Rev. Gentry stated he has
concerns about what will be created by dividing the church from the community with a
fence. He also stated a church should be one thing that the community can see. In
Page 7 of 16 — 8/8/2005
closing he stated the requirement of a fence would not enhance the City but instead it
would impede the visible view of a church in the community, and asked Council to
please reconsider the changes.
Mayor Reid stated that, on a personal basis, he thinks that Item 4 should be eliminated.
Councilmember Viktorin stated that he wanted to hear feedback from a member or the
Chairman of Planning & Zoning.
Ruby Sanders, Chairperson of the Planning & Zoning Commission, stated that as the
Chairperson, she has listened to the tapes for both the Joint Public Hearing and
Planning & Zoning and has talked to everyone that she possibly can. It is true the first
three items were recommended by the City but screening was not recommended by the
City as a necessity. It was felt that the screening would be needed around things.
Mayor Pro -Tem Cole stated he did not understand the rational and any specific issues
that warranted the fence surrounding the church.
Councilmember Marcott stated he wanted to know about the screening requirement in
the City Ordinance for refuse containers to screen from view of public streets unless
permanent fixtures are designed for visible locations.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Cole to remove
Condition No. 4, the requirement of a six-foot masonry fence.
Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid called for a vote on the original motion as amended.
Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin.
Voting "No" None.
Motion passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-793 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY LOCATION BEING 10.00 ACRES IN THE J.S.
Page 8 of 16 — 8/8/2005
TALMAGE SURVEY, ABSTRACT 564, AND BEING A PART OF LOT 36 OF THE
ALLLISON RICHEY GULF COAST HOME COMPANY SUBURBAN GARDENS
SUBDIVISION RECORDED IN VOLUME 2, PAGE 98 OF THE PLAT RECORDS OF
BRAZORIA COUNTY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(LOCATED ON THE NORTH SIDE OF COUNTY ROAD 59, AND WEST OF FUTURE
KIRBY DRIVE) (ZONE CHANGE APPLICATION NO. 1236 AND SPECIFIC USE
PERMIT APPLICATION NO. 149) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1),
AND APPROVAL OF A SPECIFIC USE PERMIT FOR A CHURCH (R -1(S)), AT THE
REQUEST OF SHEPHERD OF THE HEART METHODIST, APPLICANT FOR ANH HO
AND ARLIN HARWELL, 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.
Mayor Pro -Tem Cole made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 509-793 on it's first reading, with Item No. 4 removed; the
requirement of a six-foot masonry fence on the North, East, and West property lines
concurrently with the construction of the church.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Application No. 1236 and Specific Use Permit No.
149.
City Manager Bill Eisen stated that this is very similar to the last case in the respect that
there are actually two applications, one is for the zone change application for the
Suburban Development District to Residential and the other is Specific Use which
allows the location of the church in a Residential Zone.
Councilmember Owens stated the last thing he wants to do is screen a church and
cover it up and he wants it opened up.
Voting "Aye" Councilmembers Viktorin, Marcott, Cole, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-794 — 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 30.155 ACRES OUT OF LOT 4,
SECTION 12, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 508, PEARLAND,
Page 9 of 16 — 8/8/2005
BRAZORIA COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN TRACT
DESCRIBED IN A DEED DATED 12-29-2000 FROM PATRICK L. DOOLEY TO A.R.
HIXSON AS FILED IN OFFICIAL RECORDS OF REAL PROPERTY OF BRAZORIA
COUNTY AT CLERK'S FILE NUMBER 01-009725, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (LOCATED ON THE SOUTH SIDE OF MAGNOLIA STREET, AND
EAST OF VETERANS DRIVE) (SPECIFIC USE PERMIT APPLICATION NO. 150)
FOR A SPECIFIC USE PERMIT FOR AN INDUSTRIAL MANUFACTURING FACILITY
WITH BLENDING AND/OR PACKING FACILITIES, IN THE HEAVY INDUSTRIAL
DISTRICT (M -2(S)), AT THE REQUEST OF JACK MCGUFF, JR., AIA, APPLICANT
FOR A. R. HIXSON, 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 Mayor Pro -Tem Cole, to
approve Ordinance No. 509-794 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 Permit Application No. 150.
City Manager Bill Eisen stated that approving this Specific Use Permit will allow a
chemical blending and manufacturing facility. This is heavy industrial use under the
City's Zoning Ordinance so that it would require an additional permit.
Robert Keith Darnell, 3504 Yellowstone Circle, addressed Council and stated he is a
Chemical Engineer. When you put a chemical plant in a residential area, there is no
room for errors. Mr. Darnell stated that he has a 15 month-old daughter and stated that
several of the chemicals that would be at the plant could be fatal for his daughter if
inhaled. He gave a brief description of several chemicals and their dangers. In closing,
he stated that he moved to Pearland for the wonderful community it is and doesn't want
to see it turn into something it shouldn't.
Frank Fort, 4005 East Cedar Trail Court, asked Council to consider the comments of
residents in the area around this plant. Mr. Fort stated a sign should be put up
indicating what classification the property is zoned. He also stated the wording for the
amendment as it reads will promote health, safety, and general welfare.
Dwain Evans, 5426 Fairdale Lane, addressed Council and stated he is the Developer of
Pearland Farms. Mr. Evans believes there are three reasons why this item should be
denied and all three reasons are it would be inappropriate to locate a chemical
manufacturer facility next to a residential subdivision.
Debra White Wick, 4504 Fox Run, addressed Council and stated she hopes the Council
will deny Specific Use No. 150 and will not allow a blending facility in a residential
Page 10 of 16 — 8/8/2005
neighborhood. Ms. White stated her main concern was her child playing in their
backyard and being in danger. She asked that Council deny Specific Use Permit No.
150.
Mark Smith, 4006 E. Cedar Trace Court, addressed Council and stated he is a
Chemical Engineer as well, and knows some of the processes the city would have to go
through. Mr. Smith believes we need to understand atmospheric events and how they
are handled. We also need to make sure there is a stronger handling at the plant.
Karen Wiehoff, 4009 East Cedar Trail Court, addressed Council and asked that the
Council vote their conscience and deny Specific Use No. 150. Ms. Wiehoff asked that if
this does get approved, Council put up a 10' fence around the plant.
James Wiehoff, 4009 East Cedar Trail Court, addressed Council and stated he has
lived in Pearland for about 20 years now, and feels Pearland has a wonderful reputation
as a community. Mr. Wiehoff stated he is also concerned about bringing a plant to
Pearland and how it will effect Pearland's reputation.
Councilmember Marcott stated that he has been on Council since May of 2000 and
used to sit out in the audience in the late 90's and remembers listening to Mr. Dwain
Evans address Council to try and put in a subdivision named Pearland Farms. The
property was zoned M-1 or M-2. Councilmember Marcott stated Mr. Evans has helped
put the residents at risk being next to this type of land. He stated the City had received a
zoning application that requested to be residential, which was located on Veterns. He
further stated he argued for the zoning of the property no be residential because he
thought there was a problem with the plant. Councilmember Marcott stated he would be
forced to vote no for this zone change because it sits in the wrong place. The developer
and builder knew what was next to industrial zoning before they built and unfortunately
the residents are stuck.
Mayor Pro -Tem Cole wanted to present the fact of the inappropriateness of Mr. Evans
speaking on behalf of this when he helped to change the Commercial Classification to
Residential. He stated he feels that Council is in a catch-22 situation.
Councilmember Owens stated that there should be some kind of list given to the
potential buyers about what possibly can be built beside them so that they will be
aware.
Voting "Aye" None.
Voting "No" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin.
Motion Failed 5 to 0.
Page 11 of 16 — 8/8/2005
Mayor Reid, with concurrence of Council, moved back to New Business Item. No 1
COUNCIL ACTION — REMOVE FROM TABLE ORDINANCE NO. 509-789.
City Council.
Councilmember Marcott made the motion, seconded by Councilmember Viktorin, to
remove Ordinance No. 509-789 from the table.
Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-789 — 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 0.0413 ACRES OF LAND OUT
OF LOT 22, SECTION 8, ABSTRACT 504, ALLISON RICHEY GULF COAST HOME
COMPANY SUBDIVISION, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(LOCATED AT 2633 ROY ROAD) (SPECIFIC USE PERMIT APPLICATION NO. 146)
FOR A SPECIFIC USE PERMIT FOR TELEPHONE EXCHANGE SWITCHING RELAY
AND TRANSMITTING EQUIPMENT, IN THE SUBURBAN DEVELOPMENT DISTRICT
(SD(S)) AT THE REQUEST OF EDWARDS AND KELCEY, APPLICANT FOR
SOUTHWESTERN BELL COMMUNICATIONS, 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 Mayor Pro -Tem Cole, to
approve Ordinance No. 509-789 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 Permit Application No. 146.
City Manager Bill Eisen stated when this item was first presented to City Council; Staff
requested this item to be tabled so that the ordinances and provisions could be
reviewed.
Executive Director of Community Services Nick Finan stated that he has been in contact
with SBC through a series of messages and has been given the information that SBC
wants to work with the City and has received a fax with what they propose to do at
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individual sites. Mr. Finan also stated that SBC, through a representative, reminds the
City of what their obligations are in the right-of-ways. SBC has been invited to come
speak to City Council, but up to this point no one has come forward to speak with the
City during a Council meeting to answer questions. Mr. Finan said that SBC has told
him they would work with us on a case-by-case basis.
Mayor Pro -Tem Cole stated in 2001, a representative from SBC approached him and
wanted to put a facility on his property. The representative showed him the many
housing choices that can be built around the facilities. He states that if this is being
offered to homeowners, it should be available for the City.
City Attorney Darin Coker stated that he wanted to clarify a few things. The fax that was
received from SBC states that Pearland's right-of-way management authority does not
extend to SBC's Texas use of private easements. Mr. Coker agrees with that because
the City is not dealing with right-of-way management authority. The City is dealing with
Zoning and the City does have the right to zone private property. The second statement
that was brought up in the fax states that Pearland has no authority to alter contractual
rights or responsibilities of private property owners to which Mr. Coker states that this is
a false statement.
ORDINANCE NO. 509-784 HAS BEEN MOVED TO CONSENT ITEM J FOR ITS
SECOND AND FINAL READING.
FIRST READING OF ORDINANCE NO. 509-791 — 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 6, BLOCK 4, OF GARDEN
ACRES SUBDIVISION, SECTION 2, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT
219, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 2627 LAZY
BEND STREET) (ZONE CHANGE APPLICATION NO. 1237) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-1) AT THE REQUEST OF WALLACE AND EDITH
LONGORIA, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr.
Nick Finan, Executive Director of Community Services.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Cole, to
approve Ordinance No. 509-791 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. 1237.
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City Manager Bill Eisen stated a single family home occupies this property. The
homeowner wants to add on to the house, therefore, it is necessary for the owner to
request property zoning.
Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 1177-2 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 1177, THE 2004-2005 ANNUAL BUDGET ORDINANCE, BY
AUTHORIZING CERTAIN ALTERATIONS TO VARIOUS CAPITAL PROJECTS
FUNDS (PROJECTS DEPARTMENT PERSONNEL FOR MUNICIPAL PURPOSES);
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS
NECESSARY TO FACILITATE THE CHANGES IDENTIFIED HEREIN WITHOUT
FURTHER APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE; AND
DECLARING AN EMERGENCY BECAUSE THE NEED TO ADJUST THE CITY
BUDGET INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS
DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY.
Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember Marcott, to
approve Ordinance No. 1177-2 on its first and only reading.
City Manager Bill Eisen stated that modifications had been made over the past several
months to the budget.
Project Manager Joe Wertz stated that they are proposing a new position for a
Construction Manager who has actual experience working in the field and dealing with
technical issues in the field. This position would take the place of several positions from
different firms during contract phases. Mr. Wertz stated there should be a significant
cost savings.
Voting "Aye" Councilmembers Viktorin, Marcott, Cole, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2005-125 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
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MANAGER OR HIS DESIGNEE TO ENTER INTO AN AGREEMENT WITH PROVINCE
VILLAGE, LLP. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Cole made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2005-125.
City Manager Bill Eisen stated this is for the construction of a bridge on Collector Street
in Province Village located by Lowe's Home Improvement Center. The terms and
conditions of the agreement provide for the Developer to start on the road with the
exception of one area of Clear Creek. The estimated cost would be $374,000. The
City will reimburse the developer on the actual cost basis.
Councilmember Marcott asked if there would be engineering contingency.
City Manager Bill Eisen stated there will a contingency.
Councilmember Owens asked if the money to pay for this was in an escrow account.
City Manager Bill Eisen stated the expenditures incurred by the developer will be a
reimbursed expenditure.
Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2005-124 — 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 KRONOS,
INC., FOR THE PURCHASE OF DATA COLLECTION AND TIME/ATTENDANCE
SOFTWARE. Mr. Bill Eisen, City Manager.
Councilmember Marcott made the motion, seconded by Councilmember Viktorin, to
approve Resolution No. R2005-124.
City Manager Bill Eisen stated that approximately two years ago the City outsourced the
payroll to reduce the amount of time City staff dedicated to that function. The purchase
of the Kronos software system will allow the City to process the payroll in-house. The
cost will be about the same as what the City was paying to outsource the function. The
time employees will spent on this function may even be less than before.
Voting "Aye" Councilmembers Viktorin, Marcott, Cole, Owens, and Tetens.
Page 15 of 16 — 8/8/2005
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Mayor Reid announced that the Executive Session would be postponed to a future
meeting.
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY —
REGARDING POTENTIAL LITIGATION ASSOCIATED WITH CITY
INFRASTRUCTURE PROJECTS. Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH
CITY INFRASTRUCTURE PROJECTS. City Council.
Postponed to a future agenda with no Council action taken.
ADJOURNMENT
Meeting was adjourned at 9:40 p.m.
Minutes approved as submitted and/or corrected this the 10th day of October, 2005.
ATTEST:
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•-
Tom Reid
Mayor
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