2004-04-26 CITY COUNCIL REGULAR MEETING MINUTES •
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON APRIL 26,. 2004, 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 Torn Reid
Mayor Pro-Tern Richard Tetens
Councilmember Woody Owens
Councilmember Charles Viktorin
Councilmember Klaus Seeger
City Manager Bill Eisen
City Attorney Darrin Coker
Absent: Councilmember Larry Marcott
Others in attendance: Deputy City Manager Alan Mueller; Executive Director of
Economic Development Corporation Fred Welch; Police Chief J.C. Doyle; Assistant
Police Chief Johnny Spires; City Engineer Doug Kneupper; Deputy City Secretary
LaKeisha Cannon-Scott; Public Affairs Liaison Lynn Munford; Director of Finance
Andrea Jason; Public Works Director Jerry Burns; EMS Director Jeff Sundseth; Project
Director Joe Wertz; Planning Manager of Community Development Lata Krishnarao;
Executive Director of Keep Pearland Beautiful Linda Cowles.
The invocation was given by Councilmember Viktorin, and the Pledge of Allegiance was
led by Boy Scout Troop #464 members Joshua Swim, and Eric Campbell.
MAYOR'S ACTIVITY REPORT
Mayor Reid presented a Proclamation to Pearland High School students participating in
Project Graduation, proclaiming May 28, 2004, "Project Graduation Day."
A member of Project Graduation stated Project Graduation will give the seniors of
Pearland High School their last night together as seniors. This celebration for the
seniors' graduation is to keep the seniors safe graduation night.
Pearland High School students presented a plaque to Mayor and Council for their
continuous support of Project Graduation. .
Mayor Reid reported on April 13 he attended a Pearland Arts League Meeting; April 14
he met with the Golfcrest Country Club Board of Directors on drainage issues, and
attended a Pearland Community Hospital Board Meeting and a Chamber Luncheon for
High School Seniors; April 15 he attended a TML Insurance Risk Pool meeting in
Austin; April 19 he attended a Council Workshop.and an Agenda Meeting; April 20 he
attended a meeting with a developer at the Holiday Inn, an HGAC Board of Directors
Page 1 of 25 —4/26/2004 .
Meeting, and an Adult Reading Center Board of Directors Meeting; April 21 he attended
a Pearland Arts League Board Meeting and a BCCA Monthly Meeting; April 22 he
attended a meeting with Houston Councilmember Addie Wiseman and a Keep Pearland
Beautiful Annual Awards Banquet; April 23 he attended an HGAC/Transportation Policy
Council Board of Directors Meeting; April .24 he attended the Recycle Center
Dedication; April 26 he attended a SH 288 Steering Committee/TxDOT Meeting and a
PEDC Regular Meeting.
COUNCIL ACTIVITY REPORTS
Councilmember Viktorin reported the Pearland Arts League Board has met several
times and the dedication for the Pearland Arts has been numerous. Councilmember.
Viktorin announced the Pearland Arts League "pARTy on the Grand" on May 1st, 10:00
a.m. — 2:00 p.m. Twenty-six artists will be participating in the event. Twelve performing
acts will also take place during the event.
Councilmember Owens passed.
Councilmember Marcott absent. •
Councilmember Tetens reported he attended the Recycle Center Dedication on March
24, 2004.
Councilmember Seeger passed.
CITY MANAGER'S REPORT
City Manager, Bill Eisen, reported the Pearland Police Department will be initiating
Phase Two of the Traffic Division, the Motorcycle Section. This section will consist of
two motorcycle patrol officers initially.
CITIZENS:
Michael Klaus, 5016 Groveton, addressed Council and stated he attended the last
meeting of the Clear Creek Steering Committee. During the meeting, documents
regarding the watershed planning services were discussed. He is concerned about the
work taking place. He stated the Plan addresses each community and attempts to bring
the communities together in order to get some flood management planning and
reduction.
James Graham, 3910 Ashwood, addressed Council and stated he lives in the
Westbrook Subdivision across from Canterbury Park. He stated his concerns regarding
the entrance to Canterbury Park. The entrance is higher than the center of the street.
Mr. Graham stated the homes for the subdivision would be even higher. He stated the
retention pond for development is not being utilized properly. The drainage pipes for
Page 2 of 25 —4/26/2004
the property drain into the ditch. He does not understand how proper draining will take
place.
Bud Goza, 811 Dallas, addressed Council and gave brief comments regarding Consent
Agenda Item E and asked Council to pull the item from the Consent Agenda and table it
for further discussions with the proper City officials; this would allow for a better
presentation back to City Council.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION —APPROVAL OF MINUTES:
1. Minutes of the April 12, 2004, Regular Council Meeting held at 7:30 p.m.-
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-704 — 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 39.50
ACRE TRACT OF LAND BEING OUT OF THE D.H.M. HUNTER SURVEY,'
ABSTRACT 76, BEING A PORTION OF THE SAME 181.6209 ACRE SURVEY
AS RECORDED IN VOLUME 1596, PAGE 93 OF THE BRAZORIA COUNTY •
DEED RECORDS; AND 83.83 ACRE TRACT OF LAND BEING OUT OF THE
D.H.M. HUNTER SURVEY, ABSTRACT 76 AND THE H.T.&B.R.R. COMPANY
SURVEY, ABSTRACT 233, BEING A PORTION OF THE SAME 181.6209 ACRE
SURVEY RECORDED IN VOLUME 1596, PAGE 93 OF THE SAME BRAZORIA
COUNTY DEED RECORDS (APPLICATION NO. 1156) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO PLANNED
UNIT DEVELOPMENT (PUD) AT THE REQUEST OF PAUL GROHMAN,
AGENT FOR SUE MORRISON, 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. Tobin Maples, Executive Director of
Community Services.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-705 — 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 29.4
ACRES OF LAND, MORE OR LESS, BEING OUT OF LOTS 172 AND 173 OF
Page 3 of 25 —4/26/2004
SAID W. ZYCHLINSKI'S SUBDIVISION, H.T. & B.R.R. COMPANY SURVEY,
SECTION 27, ABSTRACT — 308 AND G. C. SMITH SURVEY, SECTION 27,
ABSTRACT — 551 AND OUT OF THAT TRACT AS DESCRIBED IN A DEED
FILED IN THE OFFICIAL RECORDS OF BRAZORIA COUNTY-AT VOLUME
(90) 799, PAGE 40 AND 98-035795 (GENERALLY LOCATED ON THE WEST
SIDE OF STATE HIGHWAY 35 (MAIN STREET), AND SOUTH OF INDUSTRIAL
DRIVE) (APPLICATION NO. 1158) FROM CLASSIFICATION MULTI-FAMILY
DISTRICT (MF) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST
OF THE CITY OF PEARLAND, 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. Tobin Maples, Executive Director of
Community Services.
D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-706 — 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 5.2
ACRES OF LAND, MORE OR LESS, BEING OUT OF LOT 173 OF SAID W.
ZYCHLINSKI'S SUBDIVISION, G. C. SMITH SURVEY SECTION 28,
ABSTRACT 1758, PAGE 28 BRAZORIA COUNTY DEED RECORDS AND IN
OFFICIAL RECORDS OF REAL PROPERTY OF BRAZORIA COUNTY AT
CLERKS FILE NUMBER 96-001936 (GENERALLY LOCATED ON THE WEST
SIDE OF STATE HIGHWAY 35 (MAIN STREET), AND SOUTH OF INDUSTRIAL
DRIVE) (APPLICATION NO. 1157) FROM CLASSIFICATION MULTI-FAMILY
DISTRICT (MF) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST
OF THE CITY OF PEARLAND, 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. Tobin Maples, Executive Director of
Community Services.
E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-707 — 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 14.1
ACRES OF LAND, MORE OR LESS, BEING OUT OF TRACTS 29, 30 AND 43,
GEORGE W. JENKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF
FILED IN VOLUME 2, PAGE 20 BRAZORIA COUNTY PLAT RECORDS, S. F.
PERRY& E. M. AUSTIN SURVEY, ABSTRACT 111 (GENERALLY LOCATED
ON THE SOUTH SIDE OF FM 518, AND EAST OF PINE HOLLOW DRIVE)
Page 4 of 25 —4/26/2004
(APPLICATION O6 L CLASSIFICATION MULTI-FAMILY
DISTRICT
(MF) TO SINGLE FAMILY DWELLING DISTRICT (R-4) AT THE REQUEST
THE CITY OF PEARLAND, 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. Tobin Maples, Executive Director of Community Services.
F. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-709 — 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 1.5
ACRES OF LAND SITUATED IN LOT 77 OF FIGLAND ORCHARD
SUBDIVISION OF A PART OF SECTION 13 OF THE H.T. & B.R.R. COMPANY
SURVEY, ABSTRACT 240 AS RECORDED IN VOLUME 3, PAGE 77, OF THE
PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (LOCATED ON THE WEST
SIDE OF WAGON TRAIL ROAD, AND SOUTH OF BARDET STREET)
APPLICATION NO. 1153) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO NEIGHBORHOOD SERVICE DISTRICT
(NS) AT THE REQUEST OF EVANGELOS GOLFIS, 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. Tobin Maples,
Executive Director of Community Services.
G. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-710 — 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 6.9
ACRES OF LAND, MORE OR LESS, BEING OUT OF TRACTS 'C' AND 'D' OF
THE SUBDIVISION OF SECTION 1, A.C.H. & B.R.R. CO. SURVEY, A — 147
FILED IN VOLUME 2, PAGE 1 BRAZORIA COUNTY PLAT RECORDS,
PEARLAND, BRAZORIA COUNTY, TEXAS AND BEING OUT OF THOSE
TRACTS DESCRIBED IN A DEED AS FILED IN OFFICIAL RECORDS OF
REAL PROPERTY OF BRAZORIA COUNTY AT CLERK'S FILE NUMBER 98-
043412 AND 00-047831 (GENERALLY LOCATED ON THE NORTH SIDE OF
WALNUT STREET, AND ON THE EAST SIDE OF GALVESTON AVENUE)
(APPLICATION NO. 1159) FROM CLASSIFICATION MULTI-FAMILY DISTRICT
(MF) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF THE
CITY OF PEARLAND, PROVIDING FOR AN AMENDMENT OF THE LAND USE
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
Page 5 of 25 —4/26/2004
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO
THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services.
H. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-711 - 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 36,
WESTCHESTER ESTATES, ABSTRACT 242, H.T. & B.R.R. COMPANY
SURVEY, BRAZORIA COUNTY, TEXAS (LOCATED ON THE WEST SIDE OF
MANVEL ROAD, AND NORTH OF WESTCHESTER CIRCLE) (APPLICATION
• NO. 1142) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF VINCENT Z.
RAMIREZ, 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. Tobin Maples, Executive Director of Community Services.
I. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 1158 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 19,
NOISE, OF THE CITY OF PEARLAND CODE OF ORDINANCES, BY
REPEALING ARITICLE I IN ITS ENTIRETY AND ADDING A NEW ARTICLE I,
FOR THE PURPOSE OF UPDATING THE ORDINANCES RELATIVE TO
NOISE; 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.
J. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING
OF ORDINANCE NO. 1159 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE
AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE FOR THE
CONSTRUCTION OF ROAD AND UTILITY IMPROVEMENTS ON CERTAIN
REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY
ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE
SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED
WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF
THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS
THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY
UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND
PROVIDING AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
•
Page 6 of 25 -4/26/2004
•
K. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING
OF ORDINANCE NO. 1160 — AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE
AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE - FOR THE
CONSTRUCTION OF ROAD AND UTILITY IMPROVEMENTS.ON CERTAIN
REAL . PROPERTY DESCRIBED _ HEREIN; AUTHORIZING THE CITY
ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE
SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED
WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF
THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS
THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY
UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND
PROVIDING AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
L. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING
OF ORDINANCE NO. 1161 — AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE
AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE FOR THE
CONSTRUCTION OF ROAD AND UTILITY IMPROVEMENTS ON CERTAIN
REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY
ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE
SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED
WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF
THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS
THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY
UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND
PROVIDING AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
M. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING
OF ORDINANCE NO. 1162 — AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE
AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE FOR THE
CONSTRUCTION OF ROAD AND UTILITY IMPROVEMENTS ON CERTAIN
REAL . PROPERTY DESCRIBED. HEREIN; AUTHORIZING THE CITY
ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE
SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED
WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF
THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS
THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY
UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND
PROVIDING AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
Page 7 of 25—4/26/2004
N. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING
OF ORDINANCE NO. 1163 — AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE
AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE FOR THE
CONSTRUCTION OF ROAD AND UTILITY IMPROVEMENTS ON CERTAIN
REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY
ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE
SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED
WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF
THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS
THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY
UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND.
PROVIDING AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
O. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING
OF ORDINANCE NO. 1164 — AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE
AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE FOR THE
CONSTRUCTION OF ROAD AND UTILITY IMPROVEMENTS ON CERTAIN
REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY
ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE
SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED
WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF
THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS
THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY
UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND
PROVIDING AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
Councilmember Seeger asked that Consent Agenda Item B be removed from the
Consent Agenda for further discussion.
Councilmember Viktorin asked that Consent Agenda Items C, D, E, and G be removed
from the Consent Agenda for further discussion.
Councilmember Viktorin made the motion, seconded by Councilmember Seeger, to
adopt Consent Agenda Items A through 0 with the exception of items B, C, D, E, and G,
as presented on the Consent Agenda.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Marcott absent.
Page 8 of 25 —4/26/2004
•
MATTERS REMOVED FROM CONSENT AGENDA
Councilmember Seeger asked that Consent Agenda Item B be removed from the
Consent Agenda for further discussion. •
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-704 — 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 39.50
ACRE TRACT OF LAND BEING OUT OF THE D.H.M. HUNTER SURVEY,
ABSTRACT 76, BEING A PORTION OF THE SAME 181.6209 ACRE SURVEY
AS RECORDED IN VOLUME 1596, PAGE 93 OF THE BRAZORIA COUNTY
DEED RECORDS; AND 83.83 ACRE TRACT OF LAND BEING OUT OF THE
D.H.M. HUNTER SURVEY, ABSTRACT 76 AND THE H.T.&B.R.R. COMPANY
SURVEY, ABSTRACT 233, BEING A PORTION OF THE SAME 181.6209 ACRE
SURVEY RECORDED IN VOLUME 1596, PAGE 93 OF THE SAME BRAZORIA
COUNTY DEED RECORDS (APPLICATION NO. 1156) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO PLANNED
UNIT DEVELOPMENT (PUD) AT THE REQUEST OF PAUL GROHMAN,
AGENT FOR SUE MORRISON, 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. Tobin Maples, Executive Director of
Community Services.
Councilmember Seeger made the motion, seconded by Mayor Pro-Tern Tetens, to
approve Ordinance No. 509-704 on its second and final reading, contingent upon the
conditions of a submitted comprehensive landscape plan, a detailed drawing of the
masonry fencing, a definition of the amenities included in the conceptual park, material
used for the proposed jogging trail, and the dedication of land along the creek.
City Manager, Bill Eisen, stated this is a Planned Unit Development for residential use
and some commercial use as well. The property is located along Pearland Parkway.
This item was previously approved by Council after a negative recommendation from
the Planning and Zoning Commission.
Cheryl Greiner, 2607 Rip Van"Winkle, addressed Council and stated she is the Vice
Chairman for the Planning and Zoning Commission. She stated 5 out of 6 Planning and
Zoning Commissioners voted against the motion to approve the Planned Unit
Development. Ms. Greiner stated information regarding the denial was not readily
available to Council prior to the Council's decision made on April 12, 2004. She stated
• Page 9 of 25 —4/26/2004
the site plans do not meet the minimum standards for Planned Unit Developments
within the City of Pearland.
Bob McConnell, 1110 Glenda, addressed Council and stated he is a developer for the
proposed Planned Unit. Development. He stated everything was submitted to the
Planning and Zoning Commission as requested. He stated the changes have been
made to the Planned Unit Development in order to accommodate City Staff. All of the
significant issues were addressed.
Paul Grohman, 2108 Kildare, addressed Council and asked if Council had any
questions regarding the Planned Unit Development. He stated the developers feel like
the document presented to Council is in good order.
Lata Krishnarao, Planning Manager of Community Development, stated the concerns
from the Planning and Zoning Commission were discussed with the developers. The
latest submitted Planned Unit Development document was distributed as well. A Staff
report corresponded with the updated Planned Unit Development document. The
applicant has met all the requirements asked during the first reading of the Ordinance.
The latest Planned Unit Development document does address all the issues.
• Mayor Reid asked if the concerns articulated by the Planning & Zoning Commission
were met.
Lata Krishnarao, Planning Manager of Community Development, stated some concerns
were addressed and some were not. She stated the Planned Unit Development
Ordinance allows a lot of flexibility to the developer.
Councilmember Seeger stated setbacks were discussed during the last Council
meeting. He asked if the setbacks were in agreement and for them to be placed in the
Planned Unit Development document.
Lata Krishnarao, Planning Manager of Community Development, stated the setbacks
are in the Planned Unit Development document and would be between 20 feet to 30
feet to promote variety.
Mayor Reid asked if the Planning & Zoning Commission received the updated Planned
Unit Development document.
Lata Krishnarao, Planning Manager of Community Development, stated the Planning &
Zoning Commission has not received the updated document. The updated document
was submitted on April 14, and the Planning & Zoning Commission has not met since
the first reading.
Councilmember Seeger asked if some of the Clear Creek property will be dedicated.
Page 10 of 25 —4/26/2004
Lata Krishnarao, Planning Manager of Community Development, stated the applicant
has stated there will not be any dedication to the City in terms of open space. They are
willing to pay the park fees in lieu of dedication.
Discussion ensued among Council and Staff regarding the applicant's comments and
plan for the land along.the creek and parkland.
Lata,Krishnarao, Planning Manager of Community Development, stated land will be set
aside for park area; however, the developer does not want to dedicate open space to
the City.
Councilmember Seeger stated his concern is there is no description of the park listed in.
the Planned Unit Development document.
Lata Krishnarao, Planning Manager of Community Development, stated this was also a
concern among Staff. She stated the applicant does state in the Planned Unit
Development Document the proposed area for the park, but no plan has been attached
regarding the description of the park.
Councilmember Seeger stated there was also some concern regarding a more
comprehensive landscaping plan. He asked for something similar to previous Planned
Unit Development Plans.
Discussion ensued among Council and Staff regarding the applicant addressing the
open spaces within the subdivision.
Lata Krishnarao, Planning Manager of Community Development, stated she gives the
developer credit for going above and beyond the concerns suggested by Council,
Planning & Zoning Commission, and Staff. Ample landscaping is provided in the
Planned Unit Development document. It needs to be put together properly to read
better for Council.
Mayor Pro-Tern Tetens stated he would like a detailed drawing of the proposed
masonry fences included in the Planned Unit Development document. He stated upon
looking at the Planned Unit Development document in detail, he thinks all the questions
and concerns of the Council and Planning & Zoning Commission have been answered,
with the exception of the two previous discussed items.
Discussion ensued among Council and Staff regarding the approval of the Planned Unit
Development with the contingencies previously discussed being addressed and
provided by the developer before final approval and signature by the Mayor.
Todd locco, Chairman of the Planning & Zoning Commission, stated he is concerned
about the Planned Unit Development documents not meeting the standards required by
the City. Mr. locco presented three previous Planned Unit Development documents that
Page 11 of 25 —4/26/2004
were well put together and presented to Council for approval. He asked Council to
approve Planned Unit Development documents that are complete. Land in the process
of being developed needs good documentation. He stated the items listed in the
Planned Unit Development document before Council is great, but more documentation
needs to be shown.
Paul Grohman, 2108 Kildare, addressed Council and stated he spoke with Staff after
the first reading of the Ordinance, and it was his understanding the Planned Unit
Development document was complete and the concerns of Council and Staff were met.
He gave additional information regarding the setbacks, park area/jogging trail, and
landscape plan for the development. In addition, Mr. Grohman gave a brief description
of the masonry fencing and stated it would be in compliance with the Pearland Parkway
Overlay Zone.
Mayor Pro-Tem Tetens asked if the fences not located in the Pearland Parkway Overlay
Zone will be the same as the fences located in the Pearland Parkway Overlay Zone.
Paul Grohman, 2108 Kildare, addressed Council and stated the fences would be the
same. The fences would be consistent with the Pearland Parkway Overlay Zone.
Mayor Pro-Tem Tetens asked the developer to provide a detailed drawing showing what
the fences would look like in the development.
Discussion ensued among Council and Mr. Grohman regarding detailed descriptions
111
being placed within the Planned Unit Development document.
Additional discussion ensued among Council and Staff regarding the developer
providing additional information within the Planned Unit Development document and the
approval contingent upon those additions.
Discussion ensued among Council, Staff, and the developer regarding the requirements
stipulated before the Planned Unit Development is approved. The requirements are as
follows: specifics regarding the homeowner's green space by providing a conceptual
drawing, and the area along the creek.
Deputy City Manager, Alan Mueller, stated. generally with developments along the
creek, the development dedicates a portion of the property to the District for a drainage
easement. Within that drainage easement on the outside a trail easement is platted,
overlapping the drainage easement.
Councilmember Owens, stated Council should revisit the Planned Unit Development
Ordinance due to the questions regarding current Planned Unit Development
documents.
Councilmember Seeger stated historically Council has approved the Planned Unit
Page 12 of 25 —4/26/2004
Development documents a lot quicker due to better documentation. If the
documentation for this Planned Unit Development was more detailed, the decision
would be made faster. He thinks Council is on the right track with the Planned Unit
Development.documents, and he does not want standards lowered to -the document
currently presented before them.
Councilmember Owens stated everything within a Planned Unit Development document
is usually typical until the final stages.
Mayor Pro-Tern Tetens stated a better understanding of a Planned Unit Development
document needs to occur. A Planned Unit Development document allows Council to
ask certain questions that are not covered in the original Ordinance.
Councilmember Seeger called the question, seconded by Mayor Pro-Tern Tetens.
Mayor Reid called for the vote to the question.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, and Seeger.
Voting "No" None.
Motion Passed to call the question 4 to 0, with Councilmember Marcott absent.
Mayor Reid called for the vote on the original motion, as amended with contingencies.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Marcott absent.
Councilmember Viktorin asked that Consent Agenda Items C, D, E, and G be removed
from the Consent Agenda for further discussion.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-705 — 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 29.4
ACRES OF LAND, MORE OR LESS, BEING OUT OF LOTS 172 AND 173 OF
SAID W. ZYCHLINSKI'S SUBDIVISION, H.T. & B.R.R. COMPANY SURVEY,
SECTION 27, ABSTRACT — 308 AND G. C. SMITH SURVEY, SECTION 27,
III ABSTRACT — 551 AND OUT OF THAT TRACT AS DESCRIBED IN A DEED
FILED IN THE OFFICIAL RECORDS OF BRAZORIA COUNTY AT VOLUME
Page 13 of 25 —4/26/2004 '
(90) 799, PAGE 40 AND 98-035795 (GENERALLY LOCATED ON THE WEST
SIDE OF STATE HIGHWAY 35 (MAIN STREET), AND SOUTH OF INDUSTRIAL
DRIVE) (APPLICATION NO. 1158) FROM CLASSIFICATION MULTI-FAMILY
DISTRICT (MF) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST
OF THE CITY OF PEARLAND, 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. Tobin Maples, Executive Director of
Community Services.
D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-706 - 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 5.2
ACRES OF LAND, MORE OR LESS, BEING OUT OF LOT 173 OF SAID W.
ZYCHLINSKI'S SUBDIVISION, G. C. SMITH SURVEY SECTION 28,
ABSTRACT - 1758, PAGE 28 BRAZORIA COUNTY DEED RECORDS AND IN
OFFICIAL RECORDS OF REAL PROPERTY OF BRAZORIA COUNTY AT
CLERKS FILE NUMBER 96-001936 (GENERALLY LOCATED ON THE WEST
SIDE OF STATE HIGHWAY 35 (MAIN STREET), AND SOUTH OF INDUSTRIAL
DRIVE) (APPLICATION NO. 1157) FROM CLASSIFICATION MULTI-FAMILY
DISTRICT (MF) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST
OF THE CITY OF PEARLAND, 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. Tobin Maples, Executive Director of
Community Services.
E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-707 - 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 14.1
ACRES OF LAND, MORE OR LESS, BEING OUT OF TRACTS 29, 30 AND 43,
GEORGE W. JENKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF
FILED IN VOLUME 2, PAGE 20 BRAZORIA COUNTY PLAT RECORDS, S. F.
PERRY& E. M. AUSTIN SURVEY, ABSTRACT 111 (GENERALLY LOCATED
ON THE SOUTH SIDE OF FM 518, AND EAST OF PINE HOLLOW DRIVE)
(APPLICATION NO. 1160) FROM CLASSIFICATION MULTI-FAMILY DISTRICT
(MF) TO SINGLE FAMILY DWELLING DISTRICT (R-4) AT THE REQUEST OF
THE CITY OF PEARLAND, PROVIDING FOR AN AMENDMENT OF THE LAND
USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
Page 14 of 25 -4/26/2004
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO
THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services.
G. CONSIDERATION AND POSSIBLE ACTION — SECOND -AND FINAL
READING OF ORDINANCE NO. 509-710 — 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 6.9
ACRES OF LAND, MORE OR LESS, BEING OUT OF TRACTS 'C' AND 'D' OF
THE SUBDIVISION OF SECTION 1, A.C.H. & B.R.R. CO. SURVEY, A — 147
FILED IN VOLUME 2, PAGE 1 BRAZORIA COUNTY PLAT RECORDS,.
PEARLAND, BRAZORIA COUNTY, TEXAS AND BEING OUT OF THOSE
TRACTS DESCRIBED IN A DEED AS FILED IN OFFICIAL RECORDS OF
REAL PROPERTY OF BRAZORIA COUNTY AT CLERK'S FILE NUMBER 98-
043412 AND 00-047831 (GENERALLY LOCATED ON THE NORTH SIDE OF
WALNUT STREET, AND ON THE EAST SIDE OF GALVESTON AVENUE)
(APPLICATION NO. 1159) FROM CLASSIFICATION MULTI-FAMILY DISTRICT
(MF) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF THE
CITY OF PEARLAND, 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
ITHE SUBJECT. Mr. Tobin Maples, Executive.Director of Community Services.
Councilmember Viktorin made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 509-705, Ordinance No. 509-706, Ordinance No. 509-707, and
Ordinance No. 509-710 on the second and final readings.
Councilmember Viktorin stated Council decided to rezone all of these tracts within the
City. However, a few things have occurred since that decision. He stated Tranquility
Bay Apartments are being built in the extraterritorial jurisdiction of the City. He has
concerns regarding limiting a. certain zoning type within the City limits and then that
zoning type is built just out of the City Limits. Tranquility Bay Apartment residents will
go to Pearland Schools, utilize Pearland facilities, and drive on Pearland roadways.
However, Pearland will have no input in the development of the property. He stated out
of the top ten taxpayers in the City of Pearland, three of them are apartment complexes.
He asked if Council approves the current zone changes, will additional apartments start
developing just outside of the City Limits.
Mayor Reid stated the particular development Councilmember Viktorin mentioned is in a
Municipal Utility District. That district does have development standards in place.
Councilmember Seeger asked Council to look back and realize the main reason Council
took this action at first. The City of Pearland does not have the infrastructure to support
any additional apartment complexes.
1 Page 15 of 25 —4/26/2004
Discussion ensued among Council regarding Council's current zone change decisions.
Councilmember Owens stated Councilmember Viktorin does bring up a good point.
However, the City has no control over the Municipal Utility District. The point
Councilmember Viktorin brings is that everything that takes place just outside the City
limits will impact the City. The City will not receive revenue for those developments.
Additional discussion ensued among Council regarding the infrastructure issues and tax
revenues.
Discussion ensued among Council and Staff regarding the Planned Unit Development.
Ordinance and its clarity, and apartment units in Pearland.
Deputy City Manager, Alan Mueller, stated apartment units need public water and
sewer. They will not be able to operate from a well and septic system. The probability
of apartment units developed in the extraterritorial jurisdiction will be very unlikely due to
the lack of utilities.
City Manager, Bill Eisen, stated Tranquility Bay Apartments was processing the planned
multi-family development site during Council and Staff discussions regarding apartment
complexes. This project was discussed.
Voting "Aye" Councilmembers Seeger, Tetens, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Owens absent.
NEW BUSINESS
COUNCIL ACTION — RESOLUTION NO. R2004-55 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE RESULTS OF
THE CITY'S ANNUAL FINANCIAL AUDIT AS PREPARED BY THE ACCOUNTING
FIRM OF PATTILLO, BROWN AND HILL. Ms. Andrea Jason, Director of Finance.
Councilmember Owens made the motion, seconded by Councilmember Viktorin, to
approve Resolution No. R2004-55.
City Manager, Bill Eisen, stated John Manning is present with information regarding the
audit. The audit committee met prior to the Council Meeting and recommend Council's
approval.
John Manning, Accounting Firm of Pattillo, Brown, and Hill, addressed Council and
stated the accounting firm is located in Waco, Texas. Mr. Manning gave a brief report
Page 16 of 25 — 4/26/2004
of the audit conducted. He stated the audit report is an unqualified opinion, which is the
highest opinion that can be given; independent auditors can give four types of opinions.
This opinion basically shows that the firm was able to get sufficient details on all the
numbers located on the general ledger, and all test work came back showing the
numbers were correct. Mr. Manning stated there .are _some new financial statements
that'were required.due to some new standards. He gave a brief description of the
financial statements and requirements. He stated because this is the first year
implementing the new standards, the totals will not be comparative until next year. Due
to the new requirements, the final audit report was delayed to April versus March. Mr.
Manning continued the audit report overview with Council. The infrastructure numbers
are not included in the report due to the amount of work to complete. Once those
numbers are.included, the total net asset number.should increase tremendously. The
report is in full compliance, and the City has four years to initially_include the numbers
for infrastructure. He briefly went over the capital projects, general fund, revenues,
expenditures, and assets.
City Manager, Bill Eisen, stated there are a few modifications made to the report for
informational purposes. These modifications will not affect the financial portion of the
audit.
Councilmember Owens, asked for clarification regarding the length of depreciation on
certain equipment.111 .
John Manning, Accounting Firm of Pattillo, Brown, and Hill, stated depreciation depends
on the asset itself.
Councilmember Viktorin, asked for clarification regarding how to set a value to
roadways.
City Manager, Bill Eisen, stated anything that is current or new will have actual
construction costs. This amount would be utilized. For anything much older it will have
to be determined based on the conditions and materials of the roadways. He stated
there is a table listed in the report regarding depreciation for various types of assets.
Councilmember Viktorin stated he finds it interesting that the City has approximately
$115 million of bonded debt. He stated out of the total general fund revenues, 22% are
due to sale taxes. Growth is increasing general fund revenues.
City Manager, Bill Eisen, stated he suspects that sales.tax will play a very significant
role in the general fund revenues.
Voting "Aye" Councilmember Seeger, Tetens, Owens, and Viktorin.
Voting "No" None.
•
Page 17 of 25 —4/26/2004 {
i
Motion Passed 4 to 0, with Councilmember Marcott absent.
•
COUNCIL ACTION — CENTERPOINT ENERGY ENTEX RATE REQUEST.
Mr. Bill Eisen, City Manager.
Mayor Pro-Tern Tetens made the motion, seconded by Councilmember Seeger, to
approve the CenterPoint Energy Entex rate request.
City Manager, Bill Eisen, stated on an annual basis, Entex submits a proposed
adjustment to rates. Over the past eight years, there have been two years where no
changed occurred, and several years where there were reductions. Last year there was.
a reduction of $0.50. Entex is requesting a $0.57 increase.
Mayor Reid stated he has not heard any complaints towards Entex out of his years
serving as Mayor.
Voting "Aye" Councilmembers Seeger, Tetens, Owens, and Viktorin.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Marcott absent.
COUNCIL ACTION — RESOLUTION NO. R2004-58 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE ADDITION OF
A COLLECTION PENALTY ASSOCIATED WITH THE COLLECTION OF
DELINQUENT PROPERTY TAXES. Mr. Darrin Coker, City Attorney.
Councilmember Seeger made the motion, seconded by Mayor-Pro Tern Tetens, to
approve Resolution No. R2004-58.
City Manager, Bill Eisen, stated items number three and four are related. Item three
provides for a change in the additional fee regarding delinquent taxes. Currently the
City charges a fee of 15%; this would change the charge to 20%. Item four provides for
an extension to the current contract with the tax collecting service of Law Firm
Linebarger, Goggan, Blair, & Sampson. This firm has serviced the City of Pearland for
a number of years with good results. This firm is also working with the City in collecting
fees from Municipal Courts.
Mike Siwierka, Law Firm of Linebarger, Googan, Blair, Pena & Sampson, addressed
Council and stated he has been working of the City of Pearland as a tax collecting
service since 1994. Some of the firm members are Pearland residents. He stated the
firm he partners with is the largest law firm in the business. The tax sale system
provided to Brazoria County belongs to the firm. Therefore, easy access to the City's
delinquencies is always available. This firm is the only collection law firm that works for
Page 18 of 25 —4/26/2004
the federal government. The company is ranked in the top three federal government
collection agencies. He gave additional comments regarding the company's awards.
He gave a web listing that details foreclosure properties in Harris County during the last
year. The firm tries to work with the taxpayers before the foreclosure process. Mr.
Siwie.rka gave information on the current delinquent- tax collections for the City of
Pearland.
Councilmember Viktorin stated other law firms approached him requesting to represent
the City in delinquent tax collections. He asked if the current contract was placed out
for bids.
City Manager, Bill Eisen, stated it is listed as professional service and could be listed for.
bids. He stated the bid amount would be the same for each company, 20%.
Differences in collection abilities are probable. If Council is interested in seeing
information provided by other collection services, then this is possible. He gave some
comments regarding different firms available. He stated a good relationship has been
established with the current firm.
Councilmember Owens asked to see a quarterly report from the collection service in the
future.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, and Seeger.
Voting "No" None.
Motion Passed 4 to 0.
COUNCIL ACTION — RESOLUTION NO. R2004-59 — 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 LINEBARGER,
GOGGAN, BLAIR, PENA & SAMPSON, LLP, FOR TAX COLLECTION SERVICES.
Mr. Darrin Coker, City Attorney.
Councilmember Owens made the motion, seconded by Councilmember Seeger; to table
Resolution No.R2004-59.
George Rau, Jr., P.O. Box 878 Angleton, TX, addressed Council and stated he is with a
delinquent tax collection firm in Brazoria County. He asked for the opportunity to make
a presentation to Council regarding his services. He asked Council to accept proposals
for the current job of delinquent tax collections. He gave some information regarding
the firm Perdue, Brandon, Fielder, Collins, and Mott.
Councilmember Owens stated he thinks this is a good discussion for Council to decide.
He has no problems with the services of the current firm; however, the City should be
open to hearing additional presentations for services.
Page 19 of 25—4/26/2004
•
City Manager, Bill Eisen, stated some specific criteria should be presented to the firms
for response in the form of written proposals to the City.
Discussion ensued. among Council and Staff regarding accepting presentations from
additional firms for delinquent tax collecting services.
Mayor Reid stated Council should consider the timeframe. The current contract will end
in thirty days. He asked if this should take place next year versus this year due to the
limited timeframe.
Additional discussion ensued among Council and Staff regarding an extension for
service with the current company until the presentations have been heard and Council
has made a decision.
City Manager, Bill Eisen, stated the presentations and decision needs to be made
before July 1 due to the period taxes are considered delinquent after that date. This will
make for a lot less confusion.
Mayor Reid stated he feels it would be better to consider other presentations next year.
Councilmember Owens stated he feels it is always good to take a look at other services
after utilizing one service for ten years. He thinks the presentations could be made:
within thirty days. He only wants other firms to have the opportunity to present services
to Council.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, and Seeger.
Voting "No" Councilmember Tetens.
Motion Passed 3 to 1, with Councilmember Marcott absent.
FIRST AND ONLY READING OF ORDINANCE NO. 509-J —AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 24.11
PROHIBITED SIGNS, ADVERTISING, LIGHTING OF THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND (ORDINANCE NO. 509),
AS IT MAY HAVE BEEN, FROM TIME TO TIME AMENDED, PROVIDING A PENALTY
FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A
REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO
REGULATE SIGNAGE IN THE CITY 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.
Page 20 of 25 —4/26/2004
•
Councilmember Owens made the motion, seconded by Councilmember Viktorin, to
approve Ordinance No. 509-J on its first and only reading.
City Manager, Bill Eisen, stated this provision will eliminate flashing lurninated signs
from being allowed in the City with the exception of time and temperature type signs.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, and Seeger.
Voting "No".None.
Motion Passed 4 to 0, with Councilmember Marcott absent.
COUNCIL ACTION — RESOLUTION NO. R2004-56 — 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 WILSON
SURVEY GROUP FOR SURVEYING SERVICES ASSOCIATED WITH THE
PEARLAND PARKWAY WETLANDS MITIGATION PROJECT. Mr. Alan Mueller,
Deputy City Manager.
Mayor Pro-Tern Tetens made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2004-56.
City Manager, Bill Eisen, stated there is a certain amount of wetland mitigation that has-
to be completed as a result of the Pearland Parkway Project. This contract with Wilson
Survey Group will provide surveying services to do the actual design of the wetland
mitigation area.
Voting "Aye" Councilmembers Seeger,Tetens, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Marcott absent.
FIRST AND ONLY READING OF ORDINANCE NO. 1165 — AN ORDINANCE OF THE
CITY .COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE
ENCROACHMENT ELECTRIC SERVICE LINE INTO THE UTILITY EASEMENT.
Mr. Darrin Coker, City Attorney.
Councilmember Seeger made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 1165 on its first and only reading.
•
City Manager, Bill Eisen, stated this is a request that Council periodically see regarding
permission to encroachment into a utility easement in order to accommodate a
backyard pool. The individuals have paid the necessary fee for consideration of waiver.
Page 21 of 25 —.4/26/2004 1
City Attorney, Darrin Coker, stated he would be meeting with the Inspection Staff
regarding issues surrounding completion of pools before receiving the waiver of
encroachments. He spoke with an HL&P representative regarding identifying the waiver
of encroachments before any construction of the pools and informing HL&P before any
work has taken place. HL&P would be able to complete a waiver of encroachment and
that could be attached as an exhibit to the City's waiver of encroachment. He stated the
pool relating to this waiver of encroachment has already been constructed.
Mayor Reid stated this should be part of the permitting process.
Mayor Pro-Tern Tetens asked if this was the request he had concerns regarding the lot
size.
City Attorney, Darrin Coker, stated Mayor Pro-Tern Tetens had concerns relating to a
prior request.
Voting "Aye" Councilmembers Seeger, Tetens, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Marcott absent.
COUNCIL ACTION — RESOLUTION NO. R2004-57 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING THE EFFORTS BY
THE TEXAS TRANSPORTATION COMMISSION TO ADDRESS IMPROVEMENTS TO
THE SH 36 CORRIDOR. Mr. Bill Eisen, City Manager.
Councilmember Viktorin made the motion, seconded by. Mayor Pro-Tern Tetens, to
approve Resolution No. R2004-57.
City Manager, Bill Eisen, stated a presentation will be made next month to the
Transportation Commission requesting support for improvements on SH 36. Last year
a similar request was done for SH 288. The alliance will continue support
improvements on SH 288 in conjunction with improvements on SH 36. This is an
opportunity to support a project. He recommended approval of the Resolution.
A brief discussion ensued among Council and Staff regarding increase of traffic on SH
36 and SH 288.
Mayor Reid stated this would be before the Highway Commission in May. This support
is needed and will provide a good evacuation route.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, and Seeger.
Voting "No" None.
Page 22 of 25 —4/26/2004
•
Motion Passed 4 to 0, with Councilmember Marcott absent.
COUNCIL ACTION — RESOLUTION NO. R2004-60 — 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 A CENTRAL DISPATCH
CONSOLE FOR THE POLICE DEPARTMENT. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember Viktorin, to
approve Resolution No. R2004-60.
City Manager, Bill Eisen, stated in the current year's budget $70,000 was budgeted for a
console for the Police Department Dispatch. This would help with the increase in calls
made to dispatch. While deciding on the purchase, the existing equipment was
evaluated. The existing equipment is old technology and the preference to update the
system equipment was determined. The new equipment is more useful and has more
capabilities. The request is to take the current funding and utilize it towards the
purchase of the newer equipment. The current budgeted funds will make the payment
for the first year.
Police Chief, J.C. Doyle, stated the telecommunications center for the Police-
Department is basically the nerve center for public safety within the City of Pearland.
This also includes ambulance and fire calls. Basic increases have caused a need for a
third console in the dispatch center. He gave a brief description of the consoles and
mobile radios. He stated the current function is old technology and purchasing another
console is purchasing old technology. The telecommunications center would be at
capacity the minute the console was installed. He thinks this old technology, as is,
would be replaced within the next six years. A second option to purchasing a new
console would be to purchase the newer technology units. This allows touch screen
computerized control and would allow the center to be hard wired into the Harris County
System. The newer technology is Windows-based software. Access to any group on
the Harris County System is available with the newer system. Other units connected
with a certain call could all be brought in to communicate together through this new
technology. Dispatchers will receive a visual identification when a radio is keyed on the
system, allowing the dispatcher to know who is speaking or in trouble at all times. The
radios have an emergency button; this new w system would now allow that button to work
properly. This is a very valuable asset. The system can also be configured depending
on specific situations. It made more sense to take the current budgeted funds and
utilize them for the newer system versus purchasing outdated technology.
Councilmember Viktorin asked if it is possible for the system to fail.
Page 23 of 25 —4/26/2004 1
Police Chief, J.C. Doyle, stated it is possible for the system to fail; however, if it fails,
site trunking (fail safe mode) would take place. The department would still be
operational, but would only have access to localized trunking.
Mayor. Reid asked if the system would be tied into the Emergency Medical Services
Center.
Emergency Medical Services Director, Jeff Sundseth, stated the new system would be
tied into the Emergency Medical Services Center.
Voting "Aye" Councilmembers Seeger, Tetens, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Marcott absent.
COUNCIL ACTION — RESOLUTION NO. R2004-61 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID AND
APPROVING A DECLARATION OF INTENT FOR THE LEASE/PURCHASE OF A
CENTRAL DISPATCH CONSOLE FOR THE POLICE DEPARTMENT. Mr. Bill Eisen,
City Manager.
Mayor Pro-Tern Tetens made the motion, seconded by Councilmember Seeger, to
approve Resolution No. R2004-61.
City Manager, Bill Eisen, stated this is related to the previous item. The financing is
available for a three-year period. The amount yearly would be approximately the same
amount budgeted for the upcoming three years. He recommended Bank One leasing to
finance the system for an additional three-year payout.
Police Chief, J.C. Doyle, stated the $70,000.00 budgeted for this year will be used for
the down payment. The remaining payments will be budgeted into the Police
Department's budget.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Marcott absent.
OTHER BUSINESS: None
ADJOURNMENT
Meeting was adjourned at 10:26 p.m.
Page 24 of 25 —4/26/2004
Minutes approved as submitted and corrected this the 24th day of -May , A.D.,
• "friAJ
Tom Reid
Mayor
ATTEST:
Y gLo ' ,
Secr ary
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