2005-10-24 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON OCTOBER 24, 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 Secretary
Tom Reid
Kevin Cole
Richard Tetens
Woody Owens
Larry Marcott
Position No. 3 Vacant
Bill Eisen
Young Lorfing
Others in attendance: Assistant City Manager Nick Finan; Police Chief J.C. Doyle; City
Engineer Doug Kneupper; Assistant City Attorney Nghiem Doan; Purchasing Officer
Gordon Island; Project Director Joe Wertz; Planning Manager of Community
Development Lata Krishnarao; Senior Planner Theresa Grahmann; Project Manager
Cecil Bowery and Plans and Plat Administrator Richard Keller.
The invocation was given by Mayor Pro -Tem Cole and the Pledge of Allegiance was led
by J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid presented a proclamation to the Pearland Indian Community proclaiming
October 29, 2005 as "Pearland Indians Diwali Celebration 2005" Day. Representatives
from the group included the following: Chairman of the Organizing Committee Jignesh
Derasari, Harish Krishnarao, Suma Manjunath, Alka Mulchandani, Jayashree
Vasudevan, Samir Dave, Asha Rajawat, and Keyuri Poppat.
Mayor Reid presented a proclamation to staff from Municipal Court including Judge
Glenn Chaney; Associate Judge Roy Simmons; and Court Administrator Pat Riffel
proclaiming October 31, 2005 thru November 5, 2005 as Municipal Court Week.
Mayor Reid passed on his report.
COUNCIL ACTIVITY REPORTS
Councilmembers Tetens and Owens passed on their reports.
Mayor Pro -Tem Cole passed on his report.
Page 1 of 17 —10/24/2005
Councilmember Marcott stated a few months ago there was a piece of property on
Orange Street between Park and Grand that was for sale. The City successfully closed
on this property Friday. When the property was slated to become a new storage facility
site, Councilmember Marcott challenged the City and the Citizens to purchase the
property for use as a park and presented a check for $500.00 as a contribution to the
City Manager for the purchase of the site.
CITY MANAGER'S REPORT
City Manager Bill Eisen reported on the upcoming Special Election for unexpired term of
Council Position No. 3. He stated the last day to file for the position is November 3,
2005, and Early Voting will be November 16, 2005 thru November 29, 2005 including
voting on Saturday, November 19th and Sunday, November 20th.
CITIZENS
Gerald Bare, 4005 Manvel Road, addressed Council and stated what a great job the
City Manager has done to get people riled up. He also stated people probably do not
know what all he is doing and people are becoming upset with both him and the City
Council. He added his mother likes to live in peace and does not want to rest in peace.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES:
1. Minutes of the September 12, 2005, Public Hearing held at 6:30 p.m.
2. Minutes of the September 13, 2005, Special Meeting held at 6:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-798 — 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,
APPROXIMATELY, BEING THE SOUTH 7.5 ACRES OF TRACT 4 OF THE
SUBDIVISION OF SECTION 17, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 242,
IN BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF AS IT
APPEARS OF RECORD IN THE OFFICE OF THE COUNTY CLERK OF BRAZORIA
COUNTY, TEXAS; AND THE NORTH 2.5 ACRES OF THE SOUTH 10 ACRES OF
THE SOUTH 20 ACRES OF THE EAST 60 ACRES OF THE NORTHEAST ONE
QUARTER OF SECTION 17, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 242,
THIS SAME PROPERTY HAS SOMETIMES BEEN KNOWN AND REFERRED TO
Page 2 of 17 — 10/24/2005
AND DESCRIBED AS LOT 4, SECTION 17, ABSTRACT 242, BRAZORIA COUNTY,
TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED AT THE NORTHWEST CORNER OF MANVEL ROAD (FM 1128) AND FITE
ROAD) (ZONE CHANGE APPLICATION NO. 1242) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT
(GB) AT THE REQUEST OF SIGNATURE EUBANKS AND ASSOCIATES,
APPLICANT FOR THE ESTATE OF ALFRED HRBACEK AND ANNIE HRBACEK,
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. 509-799 — 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 8.290 ACRES, BEING A PART
OF LOT 12 OF THE ALLISON RICHEY GULF COAST HOME COMPANY
SUBDIVISION OF SECTION 21, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 309,
AS RECORDED IN VOLUME 2, PAGE 23, OF THE BRAZORIA COUNTY PLAT
RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE SOUTH SIDE OF FM 518 (BROADWAY STREET), AND EAST OF
OWER LANE) (ZONE CHANGE APPLICATION NO. 1245) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT
(GB) AT THE REQUEST OF HIEP PHAM, APPLICANT FOR FORTRESS PEARLAND
INVESTMENT, 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.
D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-800 — 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 20.00 ACRES, BEING THE
NORTH ONE-HALF OF TRACT 2, THE SOUTH ONE-HALF OF TRACT 2, AND
TRACT 5, ABSTRACT 309, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF
SMITH ROAD (COUNTY ROAD 666), AND SOUTH OF FM 518 (BROADWAY
STREET)) (ZONE CHANGE APPLICATION NO. 1239 & SPECIFIC USE PERMIT
APPLICATION NO. 153) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB), WITH A SPECIFIC USE
Page 3 of 17 — 10/24/2005
PERMIT FOR SINGLE FAMILY RESIDENTIAL USES (GB(S)), AT THE REQUEST OF
CHARLES VIKTORIN, 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. 509-801 — 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 THE
SOUTH ONE-HALF OF LOT 21, OF THE ALLISON-RICHEY GULF COAST HOME
COMPANY SUBDIVISION OF SECTION 8, OF THE H.T. & B.R.R. COMPANY
SURVEY, ABSTRACT 504, ACCORDING TO THE MAP OR PLAT THEREOF, AS
RECORDED IN VOLUME 2, PAGE 23 AND 24, OF THE PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED ON THE EAST SIDE OF ROY ROAD, AND NORTH OF FM
518 (BROADWAY STREET)) (ZONE CHANGE APPLICATION NO. 1241) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL
DISTRICT (C) AT THE REQUEST OF CHARLES C. MOFFETT, 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. 509-802 — 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 A PART OF
AND OUT OF LOT 178, OUT OF THE ZYCHLINSKI SUBDIVISION OF SECTION 28,
H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 551, BRAZORIA COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 29, PAGE
9, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF
STATE HIGHWAY 35 (MAIN STREET), AND NORTH OF DIXIE FARM ROAD) (ZONE
CHANGE APPLICATION NO. 1243) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE
REQUEST OF TRAFFIC CONTROL DEVICES, INC., AND GEORGE W. WILLIAMS, III,
APPLICANT FOR ASSOCIATED ENTERPRISES, INC., OWNER, PROVIDING FOR
AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
Page 4 of 17 — 10/24/2005
PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of
Community Services.
G. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING
OF ORDINANCE NO. 509-805 — 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 3.269 ACRES, BEING LOT 8 OF THE ORANGE
GROVE ADDITION RECORDED IN VOLUME 2, PAGE 62 OF THE HARRIS COUNTY
MAP RECORDS, CITY OF PEARLAND, HARRIS COUNTY, TEXAS (GENERALLY
LOCATED AT THE SOUTHEAST CORNER OF BELTWAY 8 AND ALMEDA SCHOOL
ROAD) (ZONE CHANGE APPLICATION NO. 1244) FROM CLASSIFICATION LIGHT
INDUSTRIAL DISTRICT (M-1) TO PLANNED UNIT DEVELOPMENT DISTRICT (PUD)
AT THE REQUEST OF TIM STOVALL, 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.
H. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-806 — 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 10.8757 ACRES OF LAND,
RESTRICTED RESERVE "A" OUT OF THE FINAL PLAT OF HOME DEPOT U.S.A,
INC. SUBDIVISION, A SUBDIVISION CONTAINING 14.6536 ACRES OF LAND
SITUATED IN THE W.D.C. HALL SURVEY, ABSTRACT 70, GEORGE W. JENKINS
SUBDIVISION, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE SOUTH SIDE OF FM 518 (BROADWAY STREET), AND ON THE
EAST SIDE OF DIXIE FARM ROAD) (SPECIFIC USE PERMIT APPLICATION NO.
152) FOR A SPECIFIC USE PERMIT FOR OUTSIDE DISPLAY, STORAGE, AND
SALE OF MERCHANDISE AND EQUIPMENT IN THE COMMERCIAL DISTRICT (C)
AT THE REQUEST OF ARCHITECTURAL GROUP INTERNATIONAL (AGI),
APPLICANT FOR THE HOME DEPOT, 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.
I. CONSIDERATION AND POSSIBLE
RICHARD TETENS' ABSENCE FROM
COUNCIL MEETING. City Council.
ACTION — EXCUSE COUNCILMEMBER
THE OCTOBER 10, 2005, REGULAR
Page 5 of 17 — 10/24/2005
J. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2005-164
— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AUTHORIZING AND ACCEPTING THE CITY'S PARTICIPATION IN THE OTHER
VICTIM'S ASSISTANCE GRANT PROGRAM. Mr. J.C. Doyle, Chief of Police.
K. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2005-158
— 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 POLICE PATROL
VEHICLES. Mr. Bill Eisen, City Manager.
L. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE
OF VILLAGES OF MARY'S CREEK SECTION 2 PHASE 2. Mr. Doug Kneupper, City
Engineer.
Mayor Pro -Tem Cole asked that Consent Agenda Item K 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 L with the exception of item K, as presented on
the Consent Agenda.
Voting "Aye" Councilmembers Tetens, Owens, Cole, and Marcott.
Voting "No" None.
Motion Passed 4 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
As requested by Councilmember Marcott, Consent Agenda Item K was removed from
the Consent Agenda for further discussion.
K. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2005-158
— 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 POLICE PATROL VEHICLES.
Mr. Bill Eisen, City Manager.
Page 6 of 17 — 10/24/2005
Councilmember Tetens made the motion, seconded by Councilmember Owens, to
approve Resolution 2005-158.
City Manager Bill Eisen stated this item is for the annual purchase of police vehicles for
new personnel that were added in the budget this year and for replacement vehicles for
the existing fleet. There are a total of 12 vehicles with a grand total cost of
$239,076.48.
Mayor Pro -Tem Cole stated he knows six vehicles are being replaced and six are new
vehicles and wanted to know if there were six more vehicles being purchased in April.
Mr. Eisen stated this was the vehicle allocation for the year and no more vehicles would
be purchased.
Voting "Aye" Councilmembers Marcott, Cole, Owens, and Tetens.
Voting "No" None.
Motion Passed 4 to 0.
NEW BUSINESS
Mayor Reid, with concurrence of Council moved to New Business Item No. 7
COUNCIL ACTION — RESOLUTION NO. R2005-165 — RESOLUTION OF THE CITY
OF PEARLAND, TEXAS, APPROVING THE ISSUANCE OF DEVELOPMENT
AUTHORITY OF PEARLAND TAX INCREMENT CONTRACT REVENUE BONDS,
SERIES 2005; APPROVING A BOND RESOLUTION, INDENTURE OF TRUST,
PURCHASE CONTRACT AND OTHER DOCUMENTS RELATING TO THE BONDS;
MAKING CERTAIN FINDINGS AND CONTAINING OTHER PROVISIONS RELATED
THERETO. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Cole, to
approve Resolution No. R2005-165.
City Manager Bill Eisen stated the Development Authority Board met earlier in the day
and authorized the sale of bonds for partial reimbursement to the developer for Shadow
Creek Ranch for certain infrastructure costs were prompted by the developer. Frank
Ildebrando, who is the financial advisor for both the City and the Development Authority,
is here this evening, along with Marcus Dietz, to brief Council and citizens on the action
and to request resolution R2005-165 be passed.
Frank Ildebrando with RBC Dain Rauscher stated he is there to review the sale of
$9,975,000 worth of bonds sold by the Development Authority of Pearland. Last year
was the first time the bonds were sold and used as a reimbursement to the developer of
Page 7 of 17 — 10/24/2005
Shadow Creek Ranch. This is the second sale in the series of bond issues. A
presentation was handed out to the staff for review of the bond sales.
Mayor Pro -Tem Cole asked what percentage rate was anticipated in the sale of the
bonds.
Mr. Ildebrando stated they had anticipated five and one-half percent and the lower the
interest rates the more we can reimburse which is the key because the more we can
reimburse the developer the less interest we have to pay and they can be paid off
quicker.
Mayor Reid stated Shadow Creek Ranch is one of the premier developments and
compliments the developers and how quickly it is progressing.
Voting "Aye" Councilmembers Tetens, Owens, Cole, and Marcott.
Voting "No" None.
Motion Passed 4 to 0.
Mayor Reid, with concurrence of Council moved back to New Business Item No. 1
FIRST READING OF ORDINANCE NO. 2000 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING THE LAND USE AND
URBAN DEVELOPMENT ORDINANCE OF THE CITY (ORDINANCE NO. 509 AND
ANY AMENDMENTS THEREAFTER); ADOPTING A UNIFIED DEVELOPMENT CODE
AND ZONING MAP; PROVIDING GENERAL PROVISIONS, ZONING REGULATIONS,
SUBDIVISION REGULATIONS, SITE DEVELOPMENT REGULATIONS AND
DEFINITIONS; PROVIDING A PENALTY FOR VIOLATION, HAVING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR
CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. BX Eisen, City
Manager.
Mayor Pro -Tem Cole made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 2000 on its first reading.
This item was tabled until the November 21, 2005 Workshop followed by the first
reading at a Regular meeting on November 28, 2005.
City Manager Bill Eisen stated one of the specific concerns of the development
community is the process and procedure changes included in the draft code.
Kerry Gilbert, 15810 Park Ten Place Suite 160, Houston, Texas, stated he is asking for
more time to review the Unified Development Code. His company represents a number
Page 8 of 17 — 10/24/2005
of developers, builders, and developments in the Pearland area and has for a number of
years. Mr. Gilbert stated he knows the UDC has been worked on for a number of years
but he assumed it was still in the works and not ready to be put in place. Mr. Gilbert
stated the action to approve the UDC is premature and several items need to be
reviewed before it can be put in place.
Greg Coleman, 10235 W. Little York, addressed Council and stated he is with Beazer
Homes and agrees with everything Mr. Gilbert had already stated. He also compliments
the City in their efforts to consolidate a building code into a format, which other builders
and developers can relate to. Mr. Coleman states they wish to work with the staff in
making the changes to the UDC reasonable for everyone to agree on.
Drew Pelter, 2947 E. Broadway, addressed Council and stated he is a representative
for Shadow Creek Ranch and he too thought the UDC was a consolidation document
and not a code change. Mr. Pelter stated they have always shared good
communication and have monthly meetings with key City Staff but somehow missed
that the UDC was ready to be put in place.
Paul Cesak, 14602 Kellywood, Houston, Texas, addressed Council and stated Section
4.2.5.3 has to do with off-site signage and where the signs can be placed. He handed
out documents from his company, National Sign Plazas, and wanted to bring to
attention a couple of letters from other Texas cities in the documents he passed out
commending his company on how builder/developer signs are handled.
Assistant City Manager Nick Finan stated Staff has gone over the UDC many times and
are willing and continuing to work with everyone on coming to an agreement. He has
spoken with representatives of Texas New Mexico who are present in the audience and
would be willing to speak if a decision were to be made tonight, otherwise they would be
willing to meet with developers and staff at a later agreed upon date.
Mayor Reid stated one of the concerns expressed to him is some of the utility
companies are lost and will be unable to perform their jobs because of the way the UDC
is structured. The UDC has been in planning for over two years and he realizes the City
cannot go out and contact every person the UDC would affect, but he is surprised at
how many people are surprised it is ready to be approved. Mayor Reid stated it would
benefit everyone to clear up any concerns over the UDC and stressed how important it
is for representatives from the developers in the City to attend workshops the City hosts
monthly. Mayor Reid also stated maybe a later date could be set for a future Council
meeting and address the issues.
Councilmember Marcott stated he had a lot of the same comments Mayor Reid had
expressed. Councilmember Marcott addressed representatives of developers that were
in attendance and told them they need to keep themselves informed of the meetings the
Council holds where the information they need is discussed. He stated Council has
Page 9 of 17 — 10/24/2005
spent a lot of time on Monday's and other nights at meetings on the UDC and now they
have to sit and go back because all of the sudden someone has found something they
do not like in the code.
Councilmember Marcott stated he thinks the UDC should be tabled in order to go back
over the code, however, the builders, developers, and consultants have the
responsibility to stay tuned in to what the City is doing that would affect them.
Councilmember Owens stated he was under the impression the City had been
contacting some of the larger developers and keeping them updated so they could have
input. Councilmember Owens stated he is concerned the City is getting more in to the
planning of the homes that are being built and he does not think it is the City's part to do
that. He also stated he agrees there should be more time extended for the UDC to look
back over it.
Mayor Pro -Tem Cole stated the interpretation is what he is worried about and he knows
how the UDC is being understood today, but what about two, three, or four years from
now. For those who are not in attendance at the meeting, how will they interpret the
information from the meeting and the changes. Mayor Pro -Tem Cole stated here it
looks like the City is dictating market place and replacing the homebuilder and it is not
the City's business or place to be doing. Mayor Pro -Tem Cole also stated he does not
want to delay this any longer than possible and wants a date set to discuss the issue in
a workshop.
Lengthy discussion ensued between Council and Nick Finan on when a workshop could
be held to discuss the issue further and to make sure more of the developers and
community are in attendance.
Mayor Pro -Tem Cole made the motion, seconded by Councilmember Owens to table
Ordinance No. 2000 until a Workshop can be held on November 21, 2005, and have the
first reading of this Ordinance at a Regular Meeting on November 28, 2005.
Voting "Aye" Councilmembers Marcott, Cole, Owens, and Tetens.
Voting "No" None.
Motion Passed 4 to 0.
COUNCIL ACTION — RESOLUTION NO. R2005-159 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING THE EXISTENCE OF
"SURPLUS PROPERTY" BELONGING TO THE CITY AND DETERMINING THE NEED
TO FACILITATE THE PROPER DISPOSITION OF THE CITY'S "SURPLUS
PROPERTY." Mr. Darrin Coker, City Attorney.
Page 10 of 17 — 10/24/2005
Councilmember Marcott made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2005-159.
City Manager Bill Eisen stated the City has recently acquired partial property that is
necessary for construction on the Magnolia overpass over the railroad. The piece of
property has three owners and estimates have been received and vary from $10,000 to
$15,000 to tear down the structures on the property. An inquiry has been received from
an area company that would like to have the buildings and would remove them from the
property in exchange for the buildings. In order to allow this, there is a formal process
to dispose of surplus property and this Resolution is used to declare the property as
surplus property.
Mayor Reid stated he thinks this is a good idea and a Church in the Hill Country would
use the structures and the property would be taken down very carefully since it would
be used again.
Councilmember Owens asked if the organization who would be removing the structures
had liability insurance in case someone was hurt during the removal process.
Assistant City Attorney Nghiem Doan stated the organization would need to execute a
release to the City releasing the City from any liability. Mr. Doan also stated the
buildings would be removed within 90 days of receiving approval from the City.
Councilmember Tetens read the description showing the property to be to the East of
the railroad tracks and it is actually located to the West of the railroad tracks. Mr. Doan
stated it should read West and will be corrected.
Voting "Aye" Councilmembers Marcott, Cole, Owens, and Tetens.
Voting "No" None.
Motion Passed 4 to 0.
COUNCIL ACTION — RESOLUTION NO. R2005-160 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER
NO. 1 ASSOCIATED WITH THE MAGNOLIA SEWER PROJECT. Mr. Bill Eisen, City
Manager.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Cole, to
approve Resolution No. R2005-160.
City Manager Bill Eisen stated this pertains to a contract that was previously awarded
for the Magnolia Sewer Project and now has an increase in costs from the originally
awarded contract.
Page 11 of 17 — 10/24/2005
Mayor Pro -Tem Cole questioned what company did the geo-tech on the project. He
stated a lot of the increase comes from unforeseen soil conditions. He stated we were
quoted on one instance 100 feet and were billed for 2707 feet and the justification given
was the same for all, "unforeseen soil conditions".
Project Director Joe Wertz stated he did not know who did the geo tech on the project
but geo-teching was done on three different instances and this was the third and last.
He stated he could not explain why, for this section, they found a sand seam and could
not de -water it.
Councilmember Marcott stated he is concerned the budget for flagmen went over three
times the original budgeted amount. He wants the Consulting Engineer to come in and
explain the large increase and why it was missed by so much. He would be voting
against the change order because of the increase issue and believes they need to be
responsible for bidding the project right.
Councilmember Owens asked about the rate for the flagmen and wants to know if this is
for man hours or how the rate is calculated and why the 300% increase in the original
quoted rate. He has been by the construction site for this project and has never seen a
police officer flagging; it has always been someone other than a police officer.
Vernon Webb, with Carter Burgess, stated although he did not work on this particular
job, he is familiar with it somewhat. He stated when the excavation was done, there
was a thin seam of sand and it was not deep enough to put a well point in to de -water it
so the water kept coming in to the trench creating wet trench conditions and causing the
need to use crushed rock. This was not included in the original contract due to the fact
it was not known at the time. He also stated he does not know who did the original
geo-tech.
Voting "Aye" None.
Voting "No" Councilmembers Tetens, Owens, Cole, and Marcott.
Motion Failed 4 to 0.
COUNCIL ACTION — RESOLUTION NO. R2005-162 — 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, FOR FLOODPLAIN RE -MAPPING SERVICES.
Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2005-162.
Page 12 of 17 — 10/24/2005
City Manager Bill Eisen stated a contract had previously been given to Dannenbaum
Engineering for floodplain re -mapping along Clear Creek. As a result of that project and
some unexpected problems, additional work had to be done causing a fee readjustment
needing to be approved by Council.
City Engineer Doug Kneupper stated this effort with Dannenbaum started approximately
a year ago and they were basing this on was a release of the Tropical Storm Allison
Recovery Project (TSARP) re -mapping effort in Harris County and all the 22 watersheds
in Harris County, Clear Creek being one of those. When the data was released and
Dannenbaum Engineers started looking at it, they found some significant problems,
things they were not expecting and would not normally comply with the Federal
Emergency Management Agency when letters of map revision are submitted. During
several phone conversations and meetings with the Harris County Flood Control District
and engineering firm, Michael Baker, Jr. Inc., which is FEMA's consultant in this area,
the firm was asked why this happened in Clear Creek but we were not provided with a
clear answer as to why corners were cut with Clear Creek. This is an opportunity to do
the mapping or modeling effort for Clear Creek correctly.
Councilmember Marcott asked if Harris County Flood Control was going to be doing
something on their side to help fix the situation. City Engineer stated Harris County was
happy with what they did in their effort and they are not in the position to go back in and
make any changes.
Voting "Aye" Councilmembers Tetens, Owens, Cole, and Marcott.
Voting "No" None.
Motion Passed 4 to 0.
COUNCIL ACTION — RESOLUTION NO. R2005-163 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, A COOPERATING TECHNICAL
PARTNER AGREEMENT WITH THE FEDERAL EMERGENCY MANAGEMENT
AGENCY. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Cole made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2005-163.
City Manager Bill Eisen stated this is an opportunity for local governments to cooperate
with Federal Emergency Management Agency in the Cooperating Technical Partners
(CTP) for flood plain mapping.
City Engineer Doug Kneupper stated this is a positive activity related with FEMA and
flood plain mapping. This is a fairly new program that has been developed and it gives
Page 13 of 17 — 10/24/2005
local agencies the ability to introduce their concerns or local anomalies. With this
program they will listen and work with our standards and there are no commitments to
be made. The Clear Creek Steering Committee has already adopted this and is a
Cooperating Technical Partner with FEMA. He stated this also means we do not submit
our data to FEMA Headquarters in Washington but instead to our local office in Denton,
Texas to FEMA Region No. 6 so it is more of a regional look at flood plain management.
Mayor Pro -Tem Cole asked if this will allow us to be able to have input to FEMA, in
which it would since it would be on a local regional basis as per City Engineer Doug
Kneupper
Voting "Aye" Councilmembers Marcott, Cole, Owens, and Tetens.
Voting "No" None.
Motion Passed 4 to 0.
COUNCIL ACTION — RESOLUTION NO. R2005-161 — 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 CARTER &
BURGESS, INC., FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE
EXPANSION OF THE SOUTHWEST ENVIRONMENTAL CENTER WASTEWATER
TREATMENT PLANT. Mr. Bill Eisen, City Manager.
Councilmember Marcott made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2005-161.
This item was tabled until a future date.
City Manager Bill Eisen stated this is for the expansion of the wastewater treatment
plant.
Councilmember Owens asked about the time frame this project would take and if there
is a specific number of months. He also asked about the administration building with
the brick fence and the cost associated with both.
Project Director Joe Wertz stated he invites Council to amend what we have and
remove the administrative building and deal with it later under facilities or Public Works
and it is not an integral part of the contract. He states if the building is not needed now
it will be needed within the next year or two and not later.
Page 14 of 17 — 10/24/2005
Project Manager Cecil Bowery stated the administration building would be for the Public
Works employees that are located at the plant and there are approximately thirty to forty
employees located at the plant. The building would house a meeting room plus other
facilities would be needed. The building has no pre -determined square footage size.
Vernon Webb, with Carter & Burgess, Inc., stated the project would take six months
from the time the contract was approved to complete. The facility would have more
amenities than it has now that are needed such as male/female locker rooms, kitchen,
and garage/maintenance rooms.
Additional discussion ensued between Council, Project Director Joe Wertz and Vernon
Webb concerning the budgeted amount.
Mayor Pro -Tem Cole made the motion, seconded by Councilmember Owens to table
R2005-161 until a future meeting.
Voting "Aye" Councilmembers Marcott, Cole, Owens, and Tetens.
Voting "No" None.
Motion Passed 4 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:56 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.074 — PERSONNEL MATTERS — ANNUAL
EVALUATION OF THE CITY MANAGER. City Council.
2. SECTION 551.074 — PERSONNEL MATTERS — CONDUCT
INTERVIEWS OF APPLICANTS FOR APPOINTMENT TO THE
PLANNING AND ZONING COMMISSION. City Council.
3. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY —
REGARDING POTENTIAL LITIGATION ASSOCIATED WITH CITY
INFRASTRUCTURE PROJECTS. Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 12:30 a.m.
Page 15 of 17 — 10/24/2005
COUNCIL ACTION — REGARDING ANNUAL EVALUATION OF THE CITY MANAGER.
City Council.
Mayor Pro -Tem Cole made the motion, seconded by Councilmember Owens, to award
the compensation and start date as discussed in Executive Session.
Voting "Aye" Councilmembers Tetens, Owens, Cole, and Marcott.
Voting "No" None.
Motion Passed 4 to 0.
COUNCIL ACTION — REGARDING THE INTERVIEWS OF APPLICANTS FOR
APPOINTMENT TO THE PLANNING AND ZONING COMMISSION. City Council.
Mayor Pro -Tem Cole made the motion, seconded by Councilmember Tetens, to appoint
Henry Fuertes for an un -expired term on the Planning and Zoning Commission Board.
Voting "Aye" Councilmembers Tetens, Owens, Cole, and Marcott.
Voting "No" None.
Motion Passed 4 to 0.
COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH
CITY INFRASTRUCTURE PROJECTS. City Council.
Councilmember Marcott made the motion, seconded by Councilmember Tetens, to
authorize the City Attorney to execute an agreement regarding litigation associated with
City Infrastructure as discussed in Executive Session.
Voting "Aye" Councilmembers Tetens, Owens, Cole, and Marcott.
Voting "No" None.
Motion Passed 4 to 0.
ADJOURNMENT
Meeting was adjourned at 12:34 a.m.
Page 16 of 17 — 10/24/2005
Minutes approved as submitted and/or corrected this the 14th day of November
2005.
Tom eid
Mayor
ATTEST:
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