R2004-035 03-22-04See pages 16-18 and 28 for R2004-35
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MARCH 22, 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 Tom Reid
Mayor Pro-Tem Richard Tetens
Councilmember Woody Owens
Councilmember Charles Viktorin
Councilmember Larry Marcott
Councilmember Klaus Seeger
City Manager Bill Eisen
City Attorney Darrin Coker
City Secretary Young Lorfing
Others in attendance: Deputy City Manager Alan Mueller; Executive Director of
Community Services Tobin Maples; Police Chief J.C. Doyle; Fire Chief Paul Jamison;
City Engineer Doug Kneupper; Public Affairs Liaison Lynn Munford; Director of Finance
Andrea Jason; Parks & Recreation Director Thomas Grieve; Public Works Director Jerry
Burns; EMS Director Jeff Sundseth.
The invocation was given by Councilmember Viktorin, and the Pledge of Allegiance was
led by Police Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid presented a Certificate of Recognition to Ashley Atherton for her mature
response during a medical crisis and her ability to take charge in alerting emergency
medical personnel.
Ashley's father stated Ashley is an 11 year old, fifth grader, and he is fortunate to have
her as his daughter. She has three small brothers and she has done some great things.
He stated she deserves the recognition.
Mayor Reid presented a Proclamation to Dr. Susan Lenamon for Child Abuse
Prevention proclaiming April 2004 as "Child Abuse Prevention Month."
Dr. Lenamon stated it is the responsibility of everyone, by law, to report known child
abuse and she asked everyone to do so.
Mayor Reid announced that Councilmember Seeger received an emergency call from
work. He is needed immediately, and will be absent for the remaining portion of the
meeting.
Page 1 of 21 — 3/22/2004
Mickey Owens, President for partners for Pearland, gave a brief presentation regarding
Partners for Pearland. The organization was formed in 1994. He started with Partners
for Pearland in 1998. Mr. Owens stated the organization will have a bowl-a-thon this fall
and a golf tournament in the Spring. He stated since 1994 over $141,000 has been
raised through fund-raisers to buy school supplies and clothing for under privileged
children in the Pearland area Scholarships have been awarded and General Education
Diplomas have been issued through the organization. Mr. Owens recognized and
presented a plaque to the Mayor for participating in the events held by the Partners for
Pearland and for his continued support.
Mayor Reid stated the events of the Partners for Pearland are for a great cause.
Mayor Reid reported on March 9 he attended a meeting regarding access roads and
feeder roads for SH 288 and FM 518 extension, March 10 he attended a Brazoria
Drainage District No. 4 Business Meeting and an Adult Reading Board of Directors
Meeting; March 10-12 he attended the Texas Association Regional Councils of
Government Meetings; March 15 he attended an Agenda Meeting and Public Hearings
with Council and the Planning & Zoning Commission, March 16 he attended a HGAC
Board of Directors Meeting; March 17 he attended the Pearland Economic Development
Corporation CEO Round Table Meeting and the Brazona County Cities Association
Monthly Meeting; March 18, 2004 he attended the Chamber Leadership Council
Meeting, Gulf Coast Water Authority Board of Directors Meeting, and a Stewart Title
Ribbon Cutting and Open House Ceremony; March 19 he attended the HGAC Annual
Meeting and Dinner; March 22 he attended a Pearland Economic Development Board
of Directors Meeting.
Mayor Reid asked the candidates for Council in the upcoming May Election to introctuce
themselves. Mayor Pro-Tem Tetens stated he is running for Council Position No. 1.
Kevin Cole stated he is running for Council Position No. 5. Kevin McDonald stated he is
running for Council Position No. 5.
COUNCIL ACTIVITY REPORTS
Mayor Pro-Tem Tetens reported on March 9 he attended the Clear Creek Steering
Committee Meeting in Friendswood as the City of Pearland Representative; March 10
he attended the Brazoria County Drainage District No. 4 Meeting; March 17 he attended
the Pearland Economic Development Corporation Round Table and the Brazoria
County Cities Association Meeting; March 19 he attended the HGAC Annual Meeting
and Dinner.
Councilmember Viktorin reported the Pearland Arts League is progressing towards its
main event, 18 Annual The pARTy on Grand He stated things are taming together
very nicely and he is reminding everyone of the event on May 1, 2004, at North Grand
Boulevard, 10:00 a.m. — 12•00 p.m.
Page 2 of 21 — 3/22/2004
Councilmember Owens passed.
Councilmember Marcott passed.
Councilmember Seeger absent.
CITY MANAGER'S REPORT
City Manager, Bill Eisen, reported the Parks and Recreational Department has received
the Lone Star Programming Award from the Texas Parks and Recreation Society. The
reward was received for the development and sponsoring of the 1st Annual Trick -or -
Treat Trail this past Halloween. He congratulated the department for its fine work. Mr.
Eisen reported he attended the Greater Houston Partnership Meeting earlier today. He
stated the speaker was Congressman John Culberson who represents a portion of the
Houston area in the United States Congress. Congressman Culberson is a member of
the Appropriation Committee. His position benefits the general region. Congressman
Culberson mentioned flood control in the entire Houston area and its top priority. Mr.
Eisen stated this was very encouraging due to last year's deletion of the Clear Creek
Project from the federal budget. The help of Congressman Tom DeLay and
Congressman Culberson brought restoration back to the Clear Creek Project funding
and it is again part of the federal budget. He stated the Greater Houston Partnership is
supporting a Bill in the United States Congress, which would make the sales tax
deductible from federal income tax. This Bill was just recently introduced and he will
update Council when more information is given.
CITIZENS
Darryl Davis, 4701 Sebastopol Drive, addressed Council and stated he opposed the
passing and approval of Ordinance No. 509-696 because it does not promote the
health, safety, and general welfare of the public. He stated the developer is donating
part of the land to the City, and the City of Pearland has not performed an
environmental assessment of the land He gave additional comments regarding the
noise ordinance and stated the residents of the proposed subdivision would live near a
continued noise region. The proposed fences for the proposed subdivision will not
prevent any hazards. He stated according to the City's current Noise Ordinance and
Planning & Zoning files this proposed development does not promote the health, safety,
and general welfare of the public.
Michael Klaus, 5016 Groveton, addressed Council and commended Andy Gallagher,
Assistant City Engineer, for attending and providing suggestions at the Clear Creek
Steering Committee. He stated the City was very well represented. Some of the down
stream communities are not willing to support the project financially. Pearland is
carrying a lot of the financial responsibilities with the project. He stated his concerns
regarding Pearland holding so much responsibility for the project.
Page 3 of 21 — 3/22/2004
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES
1. Minutes of the January 19, 2004, Joint Public Hearing held at 6:30 p.m.
2. Minutes of the March 8, 2004, Regular Council Meeting held at 7:30 p.m.
CONSIDERATION AND POSSIBLE ACTION -- SECOND AND FINAL
READING OF ORDINANCE NO. 509-696 — 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
65.4324 ACRES BEING ALL OF LOTS 1, 2 AND 3 OF PEARLAND
INDUSTRIAL PARK SUBDIVISION AS RECORDED IN VOLUME 16, PAGE
171, OF THE MAP RECORDS OF BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED ON THE EAST SIDE OF VETERANS DRIVE, ON
THE WEST SIDE OF THE RAILROAD AND SOUTH OF WALNUT STREET)
(APPLICATION NO. 1152) FROM CLASSIFICATION LIGHT INDUSTRIAL
DISTRICT (M-1) TO PLANNED UNIT DEVELOPMENT (PUD) AT THE
REQUEST OF KEVIN PRICE, AGENT FOR JOHN A. SAGE 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.
CONSIDERATION AND POSSIBLE ACTION -- SECOND AND FINAL
READING OF ORDINANCE NO. 509-697 -- 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 00 ACRES BEING PART OF LOT 178. ZYCHLINSKI SUBDIVISION OF
SECTION 28, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 551,
BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE
OF DIXIE FARM ROAD, NORTH OF THE INTERSECTION OF DIXIE FARM
ROAD AND STATE HIGHWAY 35) (APPLICATION NO. 1139) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT
INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF ENRIQUE GUZMAN,
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.
Page 4 of 21 --• 3/22/2004
D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-698 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE
N O. 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
18.75 ACRES, OUT OF THE NORTHEAST ONE-FOURTH OF THE
S OUTHWEST ONE-FOURTH AND THE NORTH ONE-HALF OF THE
S OUTHEAST ONE-FOURTH IN SECTION 15, H.T. & B.R.R. COMPANY
SURVEY, ABSTRACT NO. 241, IN BRAZORIA COUNTY, TEXAS (LOCATED
AT 6618 FITE ROAD) (SPECIFIC USE APPLICATION NO. 130) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
S UBURBAN DEVELOPMENT - SPECIFIC USE (SD(S)) AT THE REQUEST
OF JACK MCGUFF, JR. AIA, AGENT FOR PEARLAND AREA DAD'S CLUB,
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.
E CONSIDERATION AND POSSIBLE ACTION -- SECOND AND. FINAL
READING OF ORDINANCE NO. 509-699 — 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
4.9266 ACRES, SITUATED IN LOT 52 OF THE ALLISON RICHEY GULF
COAST HOME COMPANY SUBDIVISION, SECTION 20, OF THE H.T. &
B.R.R. COMPANY SURVEY, ABSTRACT 506, BRAZORIA COUNTY, TEXAS
(LOCATED AT THE NORTHWEST CORNER OF CULLEN BOULEVARD AND
COUNTY ROAD 403 (HUGHES RANCH ROAD)) (APPLICATION NO 1141)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
GENERAL BUSINESS (GB) AT THE REQUEST OF TOM KUNTHARA,
AGENT FOR HOUSTON BUSINESS INVESTMENTS 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.
CONSIDERATION AND POSSIBLE ACTION -- SECOND AND FINAL
READING OF ORDINANCE NO. 509-700 — 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
Page 5 of 21 — 3/22/2004
LOTS 38, 39 40, AND 41 BLOCK 16, PEARLAND TOWNSITE (WEST SIDE
OF WASHINGTON AVENUE, AND NORTH OF BROADWAY STREET)
(APPLICATION NO. 1150) FROM CLASSIFICATION MULTI -FAMILY
DISTRICT (MF) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE
REQUEST OF JACK MCGUFF, JR , AIA, AGENT FOR DIANA LECLERE,
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.
CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-701 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE
NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF
THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING
THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING
LOTS 42, 43, AND 44, BLOCK 16, PEARLAND TOWNSITE (WEST SIDE OF
WASHINGTON AVENUE, AND NORTH OF BROADWAY STREET)
(APPLICATION NO. 1151) FROM CLASSIFICATION MULTI -FAMILY
DISTRICT (MF) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE
REQUEST OF JACK MCGUFF, JR , AIA, AGENT FOR SHANE NIXON,
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.
H. CONSIDERATION AND POSSIBLE ACTION SECOND AND FINAL
READING OF ORDINANCE NO. 509-702 -- 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 00 ACRES OUT OF AN 11.88 ACRE TRACT OUT OF TRACT 1-C OF THE
W. W STONE PARTITION OUT OF TRACT 1 OF THE W. T. DOBSON
SURVEY, ABSTRACT 187, BRAZORIA COUNTY TEXAS (LOCATED AT
1610 STONE ROAD) (APPLICATION NO. 1148) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-1) AT THE REQUEST OF VITOR GRAVE, 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. 509-703 -- AN ORDINANCE OF THE CITY
Page 6 of 21 — 3/22/2004
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
0.7849 ACRES, SITUATED IN THE J W. MAXEY SURVEY, ABSTRACT 721,
BRAZORIA COUNTY TEXAS (LOCATED AT 3618 WEST STERLING DRIVE)
(APPLICATION NO. 1149) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT
(R-1) AT THE REQUEST OF TAN-VINH THAI 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.
J. CONSIDERATION AND POSSIBLE ACTION -- SECOND AND FINAL
READING OF ORDINANCE NO. 943-8 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING FIGURE 7;2,
THOROUGHFARE PLAN, OF THE CITY'S COMPREHENSIVE PLAN AS A
GUIDE FOR PRESERVING A SENSE OF COMMUNITY, ATTRACTIVENESS
AND SAFETY IN PEARLAND; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE AND A REPEALER CLAUSE PROVIDING AN
EFFECTIVE DATE AND FOR CODIFICATION. Mr. Tobin Maples, Executive
Director of Community Services.
K. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING
OF ORDINANCE NO. 1157 -- 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 - RESOLUTION NO R2004-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN INTERLOCAL AGREEMENT WITH THE MEMORIAL
VILLAGES WATER AUTHORITY FOR COOPERATION IN THE PURCHASE
OF VARIOUS COMMODITIES Mr. Darrin Coker, City Attorney.
Page 7 of 21 - 3/22/2004
M. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO R2004-39
— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXCHANGE, BY QUITCLAIM DEED, CERTAIN REAL PROPERTY SITUATED
IN THE CITY. Mr. Darrin Coker, City Attorney.
N. CONSIDERATION AND POSSIBLE ACTION -- SUBDIVISION ACCEPTANCE
OF CYPRESS VILLAGE SECTION 1. Mr. Doug Kneupper, City Engineer.
O. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE
OF SHADOW CREEK RANCH SF-23. Mr. Doug Kneupper City Engineer.
Mayor Reid asked that Consent Agenda Item D be removed from the Consent Agenda
for further discussion.
Councilmember Marcott asked that Consent Agenda Item M be removed from the
Consent Agenda for further discussion.
Councilmember Viktorin made the motion, seconded by Mayor Pro-Tem Tetens, to
adopt Consent Agenda Items A through 0, with the exception of Item D and Item M, as
presented on the Consent Agenda.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, and Marcott.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Seeger absent.
MATTERS REMOVED FROM CONSENT AGENDA
Mayor Reid asked that Consent Agenda Item D be removed from the Consent Agenda
for further discussion.
D CONSIDERATION AND POSSIBLE ACTION -- SECOND AND FINAL
READING OF ORDINANCE NO. 509-698 -- 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 18 75
ACRES, OUT OF THE NORTHEAST ONE-FOURTH OF THE SOUTHWEST
ONE-FOURTH AND THE NORTH ONE-HALF OF THE SOUTHEAST ONE-
FOURTH IN SECTION 15, H.T. & B R.R. COMPANY SURVEY, ABSTRACT NO.
241, IN BRAZORIA COUNTY, TEXAS (LOCATED AT 6618 FITE ROAD)
(SPECIFIC USE APPLICATION NO. 130) FROM CLASSIFICATION
Page 8 of 21 -- 3/22/2004
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SUBURBAN DEVELOPMENT
SPECIFIC USE (SD(S)) AT THE REQUEST OF JACK MCGUFF, JR., AIA,
AGENT FOR PEARLAND AREA DAD S CLUB, 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 Viktorin made the motion, seconded by Mayor Pro-Tem Tetens, to
adopt Consent Agenda Item D as presented on the Consent Agenda, as amended to
change the acreage of 18.75 to approximately 30 acres.
City Attorney, Darrin Coker, stated he spoke with Mr Griswald before the meeting. He
stated the Ordinance currently has 18.75 acres as being zoned by the application.
Discussion took place during the Regular Council Meeting and referenced the entire
portion of 30 acres for rezoning. Mr. Coker stated it was advertised as 30 acres as well,
and he would like for Council to incorporate the entire 30 acres into the motion.
Voting "Aye" Councilmembers Marcott, Tetens, Owens, and Viktorin.
Voting "No" None.
Motion Passed.4 to 0, with Councilmember Seeger absent.
Councilmember Marcott asked that Consent Agenda Item M be removed from the
Consent Agenda for further discussion.
M. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2004-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXCHANGE, BY QUITCLAIM DEED, CERTAIN REAL PROPERTY SITUATED
IN THE CITY. Mr. Darren Coker, City Attorney.
Councilmember Viktorin made the motion seconded by Mayor Pro-Tem Tetens, to
adopt Consent Agenda Item M as presented on the Consent. Agenda.
City Manager, Bill Eisen, stated the property line near Fire Station No. 3 is incorrect.
This action would clarify the specific property line.
Councilmember Marcott asked if this item was recently discussed.
City Attorney, Darren Coker, stated only a waiver of encroachment was done on the
property. He stated this item will correct the boundary lines and correct the property
line.
Page 9 of 21 — 3/22/2004
Councilmember Marcott stated this property has been discussed previously and he is
concerned if this will take place again.
Mayo Reid stated this could possibly be presented in the future because measurements
from the West to East and East to West are not matching correctly on different
properties.
A brief discussion ensued among Council regarding the property and previous issues
with the area.
✓ oting "Aye" Councilmembers Viktorin, Owens, Tetens, and Marcott.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Seeger absent.
N EW BUSINESS
COUNCIL ACTION -- RESOLUTION NO. R2004-44 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT
WITH BRAZORIA COUNTY FOR ROAD MAINTENANCE AND REPAIR. Mr Darrin
Coker, City Attorney.
Councilmember Owens made the motion, seconded by Councilmember Viktorin, to
approve Resolution No. R2004-44.
City Manager, Bill Eisen, stated this item relates to some work the City has specific
plans to complete regarding the Southeast Water Plant, Council recently awarded a bid
• for the drilling of an additional water supply well near the intersection of Bailey and
✓ eterans. This item is associated with the water supply well. He stated the
construction of an elevated ground storage tank is also associated with the project Mr.
Eisen stated normally when any heavy hauling is conducted on County Roads, the
County requires bonds be purchased. This ensures the County Roads are brought
back to the conditions that existed prior to the hauling. The County has agreed with the
City to not require bonds. The County will provide any necessary equipment for any
necessary road repairs after the hauling is completed. In return, the City will furnish the
materials for any necessary road repairs, after the hauling is completed.
Councilmember Owens asked if there were any dollar amounts estimated for the
materials.
City Manager, Bill Eisen, stated the cost for materials would not be very significant.
This is a fairly short section of County Road. He stated this would be the equitable thing
to do for repairing the road, especially if the City causes the road damage. This would
Page 10 of 21 — 3/22/2004
also be the least expensive way to repair the roads.
Councilmember Owens stated it is a good idea and he agrees with the item; he was
only concerned about the possible amount.
City Manager, Bill Eisen, stated the City could purchase a bond, ensuring the cost for
repairs are covered. The City would also be responsible for the cost in labor to make
the repairs.
Councilmember Owens stated on previous items, Council was able to see estimated
amounts. If the amount of actual cost is over the estimate, then it would have to be
approved by Council again.
Councilmember Marcott asked if the City has the same jurisdiction if someone damaged
City roads.
City Manager, Bill Eisen, stated the City has requested similar items. However rather
than requesting the purchase of bonds, the City has required developers to pay the cost
for road reconditioning after work has been completed in specific areas.
A brief discussion ensued among Council and Staff regarding existing facilities bringing
in heavy materials that cause damage to the roads.
City Attorney, Darrin Coker, stated those individuals would be issued citations under the
Truck Route Ordinance.
City Manager, Bill Eisen, stated the Municipal Court Judge is setting up a special
monthly docket because of the volume of citations issued. He stated there is some very
aggressive enforcement.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, and Marcott.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Seeger absent. _.
COUNCIL ACTION — RESOLUTION NO. R2004-42 -- A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT
WITH MONTGOMERY WATSON HARZA FOR ENGINEERING SERVICES
ASSOCIATED WITH THE FAR NORTHWEST WATER PLANT EXPANSION.
Mr. Bill Eisen, City Manager.
Mayor Pro-Tem Tetens made the motion, seconded by Councilmember Marcott, to
approve Resolution No. R2004-42.
Page 11 of 21 — 3/22/2004
City Manager, Bill Eisen, stated this item relates to the expansion of the water plant
completed for Shadow Creek Ranch. This will be the last expansion due to the amount
of the land available. This water plant will provide the water intake of six million gallons
per day. This would include ground storage and overhead storage. The firm
Montgomery Watson Harza is recommended because of the company's familiarity with
the City s water system.
Councilmember Marcott asked if Montgomery Watson completed the first phase of the
project.
Project Director, Joe Wertz, stated Montgomery Watson did complete the first phase of.
the project.
Councilmember Marcott asked if geotechnical evaluations and site surveying was done
during the first phase of the project.
Project Director, Joe Wertz, stated a perimeter survey was completed during the first
phase. This would be for the new topography services. The geotechnical was done
during the first phase at the specific location of the ground storage tank. This is the new
location for the ground storage tank.
Councilmember Marcott asked if Staff was comfortable with the ground supporting the
tank.
Project Director, Joe Wertz, stated this is the purpose of the geotechnical evaluations.
He stated Staff is reasonably sure the ground would support the tank, but it is a matter
of thickness for the foundation.
Voting "Aye" Councilmembers Marcott, Tetens, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Seeger absent.
COUNCIL ACTION - RESOLUTION NO. R2004-41 -- A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT
WITH BELLAIRE ENVIRONMENTAL INC. FOR WETLANDS MITIGATION
ASSOCIATED WITH THE PEARLAND PARKWAY ROAD PROJECT.
Mr. Alan Mueller, Deputy City Manager.
Councilmember Marcott made the motion, seconded by Councilmember Viktorin, to
approve Resolution No. R2004 41.
Page 12 of 21 — 3/22/2004
City Manager, Bill Eisen, stated this item relates to the Pearland Parkway wetlands
mitigation issue. An agreement took place with Belaire Environmental regarding the
design of the necessary wetlands mitigation associated with the Pearland Parkway
construction project. Shortly after the work began, there was a violation of the wetlands
permit by the contractor on the job. As a result, all worked was stopped on the old
contract. Deputy City Manager, Alan Mueller, has spent some time working with the
Corps of Engineers, the contractor's engineering firms, and others to determine the
additional required mitigation. Council is asked to approve the contract with Belaire
Environmental to finish the first work and also additional environmental work necessary
to complete the mitigation design. The total cost is approximately $96,000 plus the
$9,900 for the work completed before the violation.
Councilmember Owens asked if the additional studies for the 61 acres were due to the
violation.
Deputy City Manager, Alan Mueller stated it is the additional mitigation necessary
because of the violation. The City will also need to provide restoration on the area that
was violated
City Attorney, Damn Coker stated the contractor has submitted final pay, which does
not include the request for repayment at this time. The City has an amount of fees in
damage to the wetlands.
Deputy City Manager, Alan Mueller, stated he is currently assessing the amount of
damage done to the wetlands.
Councilmember Owens asked Staff to complete the cost for the damages and provide it
to the contractor before completing the contract.
City Manager Bill Eisen, suggested an Executive Session during the next Council
meeting for discussion regarding the amount of damages assessed for the wetlands
violation and any legal alternatives.
Councilmember Marcott stated in the City contract states if the City is late on payment
the amount would increase 1 % per month. In the contractor's proposal it is 1.5% He
stated both are better than what a bank would provide. The City needs to look at this
percentage.
City Attorney, Darrin Coker stated the percentage could be changed However, there is
a provision in the contract that states if there is a conflict between the two documents,
the City's contract prevails.
Councilmember Marcott stated he understood, but thinks the amount should be
changed to a lower percentage.
Page 13 of 21 — 3/22/2004
City Manger, Bill Eisen, stated he does not believe this percentage would ever be an
issue based on the payments. It should not take a month -to -month basis to pay the
contractor.
Councilmember Marcott stated he* understood, but thinks the issue still needs to be
addressed.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, and Marcott.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Seeger absent.
COUNCIL ACTION -- RESOLUTION NO. R2004-43 — 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 SUNGARD
H T E , INC. FOR THE PURCHASE AND INSTALLATION OF GIS CIME MAPPING
SOFTWARE Mr Bill Eisen City Manager.
Councilmember Viktorin made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2004-43.
City Manager, Bill Eisen stated this is regarding a geographic based crime analysis
system. This system will allow the Police Department to aggregate data in numerous
ways by varying sizes of geographic regions in the City.
Police Chief, J.C. Doyle, stated the looking glass software would physically affect every
division in the department. Dispatch will have an interactive map of every car
dispatched, including EMS and Fire vehicles Individual shift supervisors will be able to
identify, access display, and analyze crime trends taking place throughout the City.
This will allow the department to deploy officers accordingly. This would also help
identify where traffic accidents are taking place and what times. The officers would be
able to then assist in the traffic problems. Response time will increase, and receiving
correct address data would benefit the officers. The detectives would primarily use the
crime analysis portion, aiding in the identification of criminal patterns Crime prevention
personnel could utilize the software to determine where certain services are needed
He stated every department officer is expected to be a problem solver; the officers also
need to be economically efficient in this process of solving problems. This will be an
excellent tool to help make that happen.
Mayor Reid asked if police officers in patrol would be able to utilize the system.
Police Chief, J C. Doyle stated, officer in patrol will be able to utilize the mapping
system from the patrol vehicles, but will not be able to utilize the crime analysis
Page 14 of 21 _ 3/22/2004
However, once the officer returns to the department he will be able to retrieve data from
the crime analysis portion.
Mayor Reid asked if police officers in patrol would be able to see other officers in route
to dispatched areas.
Police Chief, J.C. Doyle stated, police officers will not be able to see other officers in
route to dispatched areas because the department does not have the global positioning
capabilities with this program. He is optimistic in requesting the software with these
capabilities in the future,
Councilmember Marcott stated the department is now at less than half the budgeted
amount for this year. He asked if the department is planning to purchase other items in
the current year.
Deputy City Manager, Alan Mueller, stated Council is viewing the overall GIS budget.
GIS Coordinator, Mike Masters, stated this is only part of the implementation for this
year with Public Safety, recommended by the patrolmen.
Mayor Reid stated there are so many buildings on FM 518 without addresses on them.
He asked if there is a move towards complementing the system by placing addresses
on existing buildings without visible addresses.
Police Chief, J.C. Doyle, stated this would be an excellent project for the Citizens Police
Academy. The academy received an excellent response from the business owners
when the emergency data information was updated. This could possibly be an
extension of this item. The mapping program will display landmarks as well, which
would be a great benefit for the officers.
Councilmember Owens asked if the training process would only take one training
period.
Police Chief, J.C. Doyle, stated his understanding is the program is extremely user-
friendly.
GIS Coordinator Mike Masters, stated it would be a combined effort with the GIS staff
and the consultants dunng a one -week off -site training.
A brief discussion ensued among Council and Staff regarding the training process.
City Manager, Bill Eisen, stated his understanding is the contracted trainers would train
trainers and the trainers will train the any necessary staff.
Page 15 of 21 -- 3/22/2004
A brief discussion ensued among Council and Staff regarding the software compatible
p
capabilities with current software utilized by the City.
GIS Coordinator, Mike Masters, stated the Fire Department is currently evaluating the
software for thirty days.
•
•
Voting "Aye" Councilmembers Marcott, Tetens, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Seeger absent.
COUNCIL ACTION RESOLUTION NO. R2004-35 -- A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT
WITH TURNER COLLIE & BRADEN, INC. FOR ENGINEERING SERVICES
ASSOCIATED WITH THE KIRBY DRIVE EXTENSION. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember Viktorin, to
approve Resolution No. R2004-35.
City Manager, Bill Eisen, stated a few months ago the Economic Development
Corporation approved preliminary engineering services from Turner, Collie and Braden
for the extension of Kirby Drive, associated utilities, and storm drainage involved with
the project. The preliminary engineering has been completed and before Council is the
consideration for initiating the annexation of proceedings on that portion of the property
owned by LNR. This portion is not currently within the City limits. A development
agreement is currently in the finalization process with LNR regarding development of
the property. The Economic Development Corporation discussed this item during a
previous meeting and there was some discussion regarding the project.
Executive Director of Economic Development Corporation, Fred Welch, stated the
board did approve the authorization to proceed with final design. The longer concerns
are regarding City services and utilities that currently do not exist. Some of the scope of
this project has changed due to the lack of services. The plan is to design the road and
build it with sufficient water and sewer included to handle the capacity for the entire
development over the next 20 years. There is a limited amount of indebtedness the
Economic Development Corporation can issue over a period of time. The indebtedness
has not been reached, but looking at future projects, there is a point in time where that
debt capacity will be reached. The board wants to find ways for other sources of
funding for assistance on the projects, versus issuing revenue bonds only. The board
wants to ensure the money is placed where it makes the most impact. •
Councilmember Owens, asked for the amount Spectrum has funded for the project.
Page 16 of 21 -- 3/22J2004
Executive Director of Economic Development Corporation, Fred Welch, stated
Spectrum has not inputted funding as to date. However, this cannot be ruled out.
There is a possibility of tax increment financing in the future. The developer has
expended approximately $200,000 in terms of the Plan Unit Development. They are
determined to assist and develop a zoning district, which goes beyond what is currently
within the City. They are also working very diligently with the City Staff. The developer
has purchased approximately 100 acres 48 acres are under contract and should be
closed within the next 30 days. The developer is also looking to acquire additional
property. They have secured a national company Colliers, to represent them in
marketing the property. The developer is putting the marketing plan together and
assets on the table to move forward in a responsible manner.
A brief discussion ensued among Council and Staff regarding an update to Council on
the entire project
City Manager, Bill Eisen, stated LNR has submitted the planned development zoning
and a joint workshop has been scheduled for March 29, 2004. This should give Council
a better understanding from the developer. There are a couple of potential businesses
seeking the use of the property after development. One of the businesses has the type
of services the City is currently looking to bring in Pearland in the biotechnology field.
Their schedule is close, and the design work for the development needs to take place.
Mr Eisen stated this item is very important because there are not many industrial
development areas in Pearland, and there are not many opportunities for this type of
development. This area seems like a good area for this development.
Councilmember Marcott asked if the subcontractors are subsidiaries of Turner, Collie
and Braden.
City Manager, Bill Eisen, stated his understanding is the same company owns Survcon;
however, Terra -Mar is unknown.
Councilmember Marcott stated he is concerned with Turner, Collie and Braden
receiving 10% of the contracts being brought into the project.
A representative of Turner, Collie and Braden stated the 10% is to cover the efforts of
processing paperwork such as: subcontract agreements and invoicing.
Councilmember Marcott stated it looks like the company is receiving more money into
the corporation, and that is a concern.
A representative of Turner, Collie and Braden stated the companies have the same
parent company, but the companies are separate in organization and charter.
City Manager, Bill Eisen, stated in regards to the surveying, competitive bids could not
be taken on certain things; however pricing was requested from another surveying
Page 17 of 21 -- 3/22/2004
company. Survcon had the most competitive pricing. if the other firm was used, there
would also be a 1 O% attachment with a lager base number.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, and Marcott.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Seeger absent.
COUNCIL ACTION DIRECTIVE TO STAFF TO INITIATE A SERVICE PLAN FO
R
THE ANNEXATION OF LAND GENERALLY LOCATED WEST OF ANAGOST ROAD
(UNOPENED), SOUTH OF RILEY ROAD(UNOPENED)AND EAST O HOOPER
ROAD IN THE ALLISON-RICHEY GULF COAST HOME COMPANY SUBD
IVISION,
SECTION F, JAMES HAMILTON SURVEY, ABSTRACT 876, HARRIS COUNTY,
TEXAS. Mr. Alan Mueller, Deputy City Manager.
Mayor Pro-Tem Tetens made the motion, seconded by Councilmember Owens to direct
Staff to initiate a Service Plan for the annexation of land generally located west of
g Y
Anagost Road (unopened), south of Riley Road (unopened) and east of Hooper Road in
the Allison -Richey Gulf Coast Home Company Subdivision, Section F, James Hamilton
Survey, Abstract 876, Harris County, Texas.
City Manager, Bill Eisen, stated this is a request from the owners of Spectrum for
q p the
annexation of property currently not located within the City limits. It would be a portion
,
of the company's development. This item would initiate theprocess in proceedingwith
annexation.
Councilmember Marcott asked if the company owned the ro ert .
p p Y
City Manager, Bill Eisen, stated the property owned bythe company is currentlyin the
City limits.
p Y
Councilmember Viktorin asked if the City annexes the property,how long does the City
have to provide water and sewer.
City Attorney, Darrin Coker, stated the City would need to provide water and sewer
services in approximately four years.
Deputy City Manager, Alan Mueller, stated this would be part of the analysis performed
in the further planning, and this will need to take place before a final decision by
Council.
Voting "Aye" Councilmembers Marcott, Tetens, Owens, and Viktorin.
Voting "No" None.
Page 18 of 21 -- 3/22/2004
Motion Passed 4 to 0, with Councilmember Seeger absent.
COUNCIL ACTION — RESOLUTION NO. R2004-46 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, OPPOSING ANY SCHOOL
FINANCE OR TAX SYSTEM REFORMS THAT WOULD NEGATIVELY AFFECT CITY
REVENUES AND ECONOMIC DEVELOPMENT EFFORTS. Mr Bill Eisen, City
Manager.
Councilmember Marcott made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2004-46.
City Manager, Bill Eisen, stated the Texas Municipal League has some concerns
regarding the upcoming session on school finance reform. The school finance reform
could possibly have some impact on cities as well. This item would give Council an
opportunity to take a position regarding the school finance reform, and vote whether it
should affect the City in the ability to raise revenues in the future
Mayor Reid stated both the Houston -Galveston Area Council Legislative Committee and
the Texas Association of Regional Council thinks the City needs to be careful about
capping County, State, and City abilities to raise taxes. There are some concerns
regarding the tax rate and services provided by the City.
Councilmember Marcott stated he thinks the City of Angleton looked at it the same way.
People are concerned, not against the situation, but would like to know what the
legislature will decide. He stated the City should address the concerns with the
Governor.
City Manager Bill Eisen, stated most of the proposals, out of state government
proposed to place different limits on local revenue raising authority. He does not think
there is anything limiting the state government authority to adjust revenues as deemed
appropriate.
Councilmember Owens stated this issue is a big concern and this is why he
continuously discusses the amount of money the City is currently spending. He is
concerned about the impact fees and possible changes in utility and rates.
Councilmember Marcott stated Council needs to discuss the issue with Representative
Dawson, Senator Jackson, and the City of Friendswood.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, and Marcott.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Seeger absent.
Page 19 of 21 — 3/22/2004
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:02 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.072 — REAL PROPERTY: DISCUSSION
REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL
PROPERTY FOR THE CITY. Mr. Bill Eisen, City Manager.
2. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY
REGARDING POTENTIAL LITIGATION — ZONING
Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 10:00 p.m.
COUNCIL ACTION _ RESOLUTION NO. R2004-40 -- A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO 'ENTER INTO EARNEST MONEY CONTRACTS
WITH JOHN B. YOST FOR THE PURCHASE OF REAL PROPERTY SITUATED IN
THE CITY OF PEARLAND: Mr Bill Eisen, City Manager.
Mayor Pro-Tem Tetens made the motion, seconded by Councilmember Marcott, to
approve Resolution No. R2004-40.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, and Marcott.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Seeger absent.
COUNCILACTION — REGARDING POTENTIAL LITIGATION -- ZONING.
Mr. Darrin Coker, City Attorney.
Renee McGuire 6302 Broadway addressed Council and stated the development would
be for retired citizens fifty-five and older. The units will be small and the R-4 zoning
would not work. A plat will be turned in for the property. There is a big loss in amounts
if the property is zoned as R-4 versus Multi -Family. This property will be similar to the
Bedford community It will have four units per acre. Pearland really needs a place in
the community for older citizens that have families residing in Pearland.
Page 20 of 21 -- 3/22/2004
No Council action taken
ADJOURNMENT
Meeting was adjourned at 10 05 p rn
Minutes approved as submitted and/or corrected this the 12th day of April , A,D
2004
ATTEST
Tom Reid
Mayor
Page 21 of 21 — 3/22/2004
AGENDA — REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MARCH 22, 2004, AT 7:30 P M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
I. CALL TO ORDER
II. INVOCATION AND PLEDGE OF ALLEGIANCE
III. MAYOR'S ACTIVITY REPORT
1. Presentation of Certificate of Recognition.
2. Presentation by Partners for Pearland.
3. Presentation of Proclamation "Child Abuse Prevention Month."
IV. COUNCIL ACTIVITY REPORTS
V. CITY MANAGER'S REPORT
VI. CITIZENS
VII. DOCKETED PUBLIC HEARING: None
VIII. CONSENT AGENDA•
ALL ITEMS LISTED UNDER THE "CONSENT AGENDA" ARE CONSIDERED
TO BE ROUTINE AND REQUIRE LITTLE OR NO DELIBERATION BY THE
CITY COUNCIL. THESE ITEMS WILL BE ENACTED/APPROVED BY ONE
MOTION UNLESS A COUNCILMEMBER REQUESTS SEPARATE ACTION
ON AN ITEM, IN WHICH EVENT THE ITEM WILL BE REMOVED FROM THE
CONSENT AGENDA AND CONSIDERED BY SEPARATE ACTION (IX.
MATTERS REMOVED FROM CONSENT AGENDA). APPROVAL OF THE
CONSENT AGENDA ENACTS THE ITEMS OF LEGISLATION.
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES.
Minutes of the January 19, 2004, Joint Public Hearing held at 6:30
pm
Minutes of the March 8, 2004, Regular Council Meeting held at
7:30 p.m.
Page 1 of 9 — 3/22/2004
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-696 — 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 65.4324 ACRES BEING ALL OF LOTS 1, 2, AND 3 OF
PEARLAND INDUSTRIAL PARK SUBDIVISION AS RECORDED IN
VOLUME 16, PAGE 171, OF THE MAP RECORDS OF BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF
VETERANS DRIVE, ON THE WEST SIDE OF THE RAILROAD, AND
SOUTH OF WALNUT STREET) (APPLICATION NO. 1152) FROM
CLASSIFICATION LIGHT INDUSTRIAL DISTRICT (M-1) TO
PLANNED UNIT DEVELOPMENT (PUD) AT THE REQUEST OF
KEVIN PRICE, AGENT FOR JOHN A SAGE, 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. 509-697 — 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 3.00 ACRES BEING PART OF LOT 178 ZYCHLINSKI
S UBDIVISION OF SECTION 28, H.T. & B.R.R COMPANY SURVEY,
ABSTRACT 551 BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE EAST SIDE OF DIXIE FARM ROAD, NORTH OF
THE INTERSECTION OF DIXIE FARM ROAD AND STATE
HIGHWAY 35) (APPLICATION NO. 1139) FROM CLASSIFICATION
S UBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT
INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF ENRIQUE
GUZMAN, OWNER, PROVIDING FOR AN AMENDMENT OF THE
LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE A
S EVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples,
Executive Director of Community Services.
Page 2 of 9 -- 3/22/2004
D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-698 — 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 18.75 ACRES, OUT OF THE NORTHEAST ONE-FOURTH OF
THE SOUTHWEST ONE-FOURTH AND THE NORTH ONE-HALF OF
THE SOUTHEAST ONE-FOURTH IN SECTION 15, H.T. & B.R.R.
COMPANY SURVEY, ABSTRACT NO 241, IN BRAZORIA COUNTY,
TEXAS (LOCATED AT 6618 FITE ROAD) (SPECIFIC USE
APPLICATION NO. 130) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SUBURBAN DEVELOPMENT -
SPECIFIC USE (SD(S)) AT THE REQUEST OF JACK MCGUFF JR.,
AIA, AGENT FOR PEARLAND AREA DAD'S CLUB, 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.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-699 - 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 4 9266 ACRES, SITUATED IN LOT 52 OF THE ALLISON
RICHEY GULF COAST HOME COMPANY SUBDIVISION SECTION
20, OF THE H.T. & B.R.R. COMPANY SURVEY ABSTRACT 506,
BRAZORIA COUNTY, TEXAS (LOCATED AT THE NORTHWEST
CORNER OF CULLEN BOULEVARD AND COUNTY ROAD 403
(HUGHES RANCH ROAD)) (APPLICATION NO. 1141) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
GENERAL BUSINESS (GB) AT THE REQUEST OF TOM
KUNTHARA, AGENT FOR HOUSTON BUSINESS INVESTMENTS,
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.
Page 3 of 9 — 3/22/2004
F. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO, 509-700 -- AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO, 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND,
TEXAS FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION
BEING LOTS 38, 39, 40, AND 41, BLOCK 16, PEARLAND
TOWNSITE (WEST SIDE OF WASHINGTON AVENUE, AND NORTH
OF BROADWAY STREET) (APPLICATION NO. 1150) FROM
CLASSIFICATION MULTI -FAMILY DISTRICT (MF) TO SINGLE
FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JACK
MCGUFF, JR , AIA AGENT FOR DIANA LECLERE, 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. 509-701 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND,
TEXAS FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION
BEING LOTS 42, 43, AND 44, BLOCK 16, PEARLAND TOWNSITE
(WEST SIDE OF WASHINGTON AVENUE, AND NORTH OF
BROADWAY STREET) (APPLICATION NO. 1151) FROM
CLASSIFICATION MULTI -FAMILY DISTRICT (MF) TO SINGLE
FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JACK
MCGUFF, JR., AIA, AGENT FOR SHANE NIXON, 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.
H. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-702 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 509, THE LAND USE AND URBAN
Page 4 of 9 -- 3/22/2004
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND,
TEXAS FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION
BEING 1.00 ACRES OUT OF AN 11.88 ACRE TRACT OUT OF
TRACT 1-C OF THE W. W. STONE PARTITION OUT OF TRACT 1
OF THE W. T. DOBSON• SURVEY, ABSTRACT 187, BRAZORIA
COUNTY, TEXAS (LOCATED AT 1610 STONE ROAD)
(APPLICATION NO. 1148) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-1) AT THE REQUEST OF VITOR GRAVE, 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.
CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-703 — 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 0.7849 ACRES, SITUATED IN THE J. W MAXEY SURVEY,
ABSTRACT 721 BRAZORIA COUNTY, TEXAS (LOCATED AT 3618
WEST STERLING DRIVE) (APPLICATION NO. 1149) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
S INGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF
TAN-VINH THAI 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.
J. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 943 8 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
FIGURE 7.2, THOROUGHFARE PLAN OF THE CITY'S
COMPREHENSIVE PLAN AS A GUIDE FOR PRESERVING A
S ENSE OF COMMUNITY, ATTRACTIVENESS AND SAFETY IN
P EARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE
Page 5 of 9 — 3/22/2004
DATE AND FOR CODIFICATION. Mr. Tobin Maples, Executive
Director of Community Services.
CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 1157 — 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
P ROPERTY DESCRIBED HEREIN AUTHORIZING THE CITY
ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO
TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE
P ROPERTY, LOCATED WITHIN THE CITY, BY DONATION,
P URCHASE, 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 — RESOLUTION NO.
R2004-45 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT
WITH THE MEMORIAL VILLAGES WATER AUTHORITY FOR
COOPERATION IN THE PURCHASE OF VARIOUS COMMODITIES
Mr. Darrin Coker, City Attorney.
M. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2004-39 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXCHANGE, BY QUITCLAIM DEED, CERTAIN
REAL PROPERTY SITUATED IN THE CITY. Mr. Darrin Coker, City
Attorney.
N. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION
ACCEPTANCE OF CYPRESS VILLAGE SECTION 1.
Mr. Doug Kneupper, City Engineer.
O. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION
ACCEPTANCE OF SHADOW CREEK RANCH SF-23.
Mr. Doug Kneupper, City Engineer.
Page 6 of 9 — 3/22/2004
IX. MATTERS REMOVED FROM CONSENT AGENDA
X. NEW BUSINESS
. CONSIDERATION AND POSSIBLE ACTION RESOLUTION NO.
R2004-44 -- A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT
WITH BRAZORIA COUNTY FOR ROAD MAINTENANCE AND
REPAIR. Mr. Darrin Coker, City Attorney.
2. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2004-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT
WITH MONTGOMERY WATSON HARZA FOR ENGINEERING
SERVICES ASSOCIATED WITH THE FAR NORTHWEST WATER
PLANT EXPANSION. Mr. Bill Eisen, City Manager.
3. CONSIDERATION AND POSSIBLE ACTION RESOLUTION NO.
R2004-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT
WITH BELLAIRE ENVIRONMENTAL, INC. FOR WETLANDS
MITIGATION ASSOCIATED WITH THE PEARLAND PARKWAY
ROAD PROJECT. Mr. Alan Mueller, Deputy City Manager.
4. CONSIDERATION AND POSSIBLE ACTION RESOLUTION NO.
R2004-43 - 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 SUNGARD
H.T.E., INC. FOR THE PURCHASE AND INSTALLATION OF GIS
CRIME MAPPING SOFTWARE. Mr, Bill Eisen, City Manager.
5. CONSIDERATION AND POSSIBLE ACTION RESOLUTION NO.
R2004-35 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT
WITH TURNER COLLIE & BRADEN, INC. FOR ENGINEERING
SERVICES ASSOCIATED WITH THE KIRBY DRIVE EXTENSION.
Mr. Bill Eisen, City Manager.
Page 7 of 9 — 3/22/2004
6. CONSIDERATION AND POSSIBLE ACTION — DIRECTIVE TO
STAFF TO INITIATE A SERVICE PLAN FOR THE ANNEXATION OF
LAND GENERALLY LOCATED WEST OF ANAGOST ROAD
(UNOPENED) SOUTH OF RILEY ROAD (UNOPENED) AND EAST
OF HOOPER ROAD IN THE ALLISON-RICHEY GULF COAST HOME
COMPANY SUBDIVISION, SECTION F, JAMES HAMILTON
SURVEY, ABSTRACT 876, HARRIS COUNTY, TEXAS.
Mr. Alan Mueller, Deputy City Manager.
7 CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2004-46 -- A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, OPPOSING ANY SCHOOL FINANCE OR
TAX SYSTEM REFORMS THAT WOULD NEGATIVELY AFFECT
CITY REVENUES AND ECONOMIC DEVELOPMENT EFFORTS.
Mr. Bill Eisen, City Manager.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.072 — REAL PROPERTY: DISCUSSION
REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL
PROPERTY FOR THE CITY. Mr. Bill Eisen, City Manager.
2. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY REGARDING POTENTIAL LITIGATION — ZONING.
Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
8. CONSIDERATION AND POSSIBLE ACTION -- RESOLUTION NO.
R2004-40 -- A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO EARNEST MONEY CONTRACTS
WITH JOHN B. YOST FOR THE PURCHASE OF REAL PROPERTY
SITUATED IN THE CITY OF PEARLAND. Mr. Bill Eisen, City
Manager.
9. CONSIDERATION AND POSSIBLE ACTION — REGARDING
POTENTIAL LITIGATION — ZONING. Mr. Damn Coker, City Attorney.
XI. ADJOURNMENT
Page 8 of 9 — 3/22/2004
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Page 9 of 9 — 3/22/2004