1998-12-21 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON DECEMBER 21,1998, 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
Councilmember
Helen Beckman
Councilmember
Richard Tetens
Councilmember
William Berger
Councilmember
Klaus Seeger
City Manager
Glen Erwin
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Absent: Mayor Pro -Tem Larry Wilkins.
Others in attendance: City Engineer John Hargrove; Public Works Director Jerry Bums;
Assistant Chief of Police Chris Doyle; Parks and Recreation Director Ed Hersh.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Mayor Tom Reid, and the Pledge of Allegiance was led by City
Secretary Young Lorflng.
APPROVAL OF MINUTES
None.
MAYOR'S ACTIVITY REPORT:
Mayor Reid stated that he will pass on his report and asked that the Council and City
Manager also pass.
COUNCIL'S ACTIVITY REPORTS:
None.
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CITY MANAGER'S REPORT:
None.
CITIZEN'S:
J. R. Tyson, 113 South Hardy, addressed Council regarding the Alvin Freeway. He said it
is built in Alvin with a local bond issue that was passed in 1956. The County passed a bond
issue in 1966 and Harris County started this project at the University of Houston. This
project has been hung up in the City of Pearland since 1972. He further addressed the time
line of events since 1956. Mr. Tyson said this is a personal and sensitive issue with him,
and in closing he asked the Council to work with the City of Alvin on this issue.
DOCKETED PUBLIC HEARING: None.
CONSENT AGENDA:
Mayor Reid asked Council if they would like to remove anything from the Consent Agenda.
Mayor Reid requested that Item C, Ordinance No. 891 and Item D, Ordnance No. 509-268
be removed from the Consent Agenda.
A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF
ORDINANCE NO. 889 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE OFFERING OF HEALTH BENEFITS
COVERAGE TO CITY RETIREES; CONTAINING A REPEALER
CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING AN
OPEN MEETINGS CLAUSE.
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF
ORDINANCE NO. 890 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO EXECUTE AN EXCHANGE OF LAND IN ACCORDANCE WITH
CHAPTER 272.001 OF THE LOCAL GOVERNMENT CODE; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE.
E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-262 - 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,
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TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATED ON LOT 11 & 12, BLK. 9, HICKORY
CREEK PLACE SUBDIVISION, ACCORDING TO THE PLAT RECORDS OF
BRAZORIA COUNTY, TX (14221 SUBURBAN GARDEN ROAD)(APPLICATION
NO. 546) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT
DISTRICT (SD) TO HEAVY INDUSTRIAL (M-2) AT THE REQUEST OF PETER C.
AND DONNA LUNN, 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.
F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-265 - 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.BEING 12.498 ACRES OUT OF THE SE 1/4, SECT.
21, H.T. & B. R.R. CO. SURVEY, A-309, AND PART OF A TRACT DESCRIBED IN
DEED DATED 11-22-1972, GEORGE P. KELLY TO ROSE M.A. BAGNOLI, VOL.
1144, PG. 902, DEED RECORDS OF BRAZORIA CO., TX (APPLICATION NO.
519) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF JACK NAHAS,
AGENT, 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.
G. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-266 - 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 LOCATED IN THE CITY LIMITS OF THE CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (APPLICATION NO'S. 464, 502, 512,
521, 522, & 523) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE
REQUEST OF THE OWNERS OF SUCH REAL PROPERTY, 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.
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H. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-267 - 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 LOCATED IN THE CITY LIMITS OF THE CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (APPLICATION NO'S. 499, 525, 527,
528, 529, & 530) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE
REQUEST OF THE OWNERS OF SUCH REAL PROPERTY, 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.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
approve Ordinance Nos. 889, 890, 509-262, 509-265, 509-266, and 509-267 on their
second and final reading as presented on the Consent Agenda.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Wilkins absent.
MATTERS REMOVED FROM CONSENT AGENDA:
C. CONSIDERATION AND POSSIBLE ACTION -SECONDAND FINAL READING OF
ORDINANCE NO. 891- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, DESIGNATING A CONTIGUOUS GEOGRAPHIC AREA
WITHIN THE CITY OF PEARLAND AS REINVESTMENT ZONE NUMBER TWO,
CITY OF PEARLAND, TEXAS; CREATING A BOARD OF DIRECTORS FOR SUCH
ZONE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND PROVIDING A SEVERABILITY CLAUSE.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
approve Ordinance Nos. 891, on its second and final reading as presented on the Consent
Agenda.
Joseph Zvanut, 2905 Yorkshire, addressed Council regarding the tax base on the Shadow
Creek Ranch property. Mr. Zvanut stated that the City needs the money, and assuming,
that the property tax base next year will be $30 million and today it is $6.2 million, the City
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is giving up $23.2 million over the next thirty years. He further stated that he is tired of his
taxes being raised. Mr. Zvanut said that he has friends and family in Peadand and they will
not be happy if the City gives away that kind of money.
Renee West, 2401 Country Club, addressed Council stating that the difference of accepting
this years property values and next years property values comes to less than $200,000 for
the City. She further stated that an 80% error in their tax value of the property. If it is done
January 1, 1999, the City will collect just less than $200,000 for the next four years. Shadow
Creek Ranch will not have any taxable value on the ground for at least three or four more
years. Ms. West also stated that the City is giving away tax money.
Councilmember Berger stated N the City of Pearland can receive a substantial benefit from
a major development along Highway 288, without being exposed to a major financial risk
then he is willing to listen to it. He further stated that at anytime during this process if he
feels the exposure is too great for the taxpayers, then the TIRZ will lose his support, and
so far he has not heard that.
Councilmember Seeger stated that he concurs with Councllmember Berger on that issue.
Mayor Reid said that he wanted to reiterate that the $.695 tax rate is not being utilized to
finance the TIRZ the current tax revenues is not being moved out to the TIRZ area.
Voting "Aye" Councilmembers Seeger, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Wilkins absent.
D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-268 - 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 BEING 3333 ACRES OF LAND, MORE OR LESS,
LOCATED IN THE DUPUY AND ROBERTS SURVEY, A-726, BRAZORIA CO.;
J. CRAWLEY SURVEY, A-174, BRAZORIA, CO.; WILLIAM MORRIS SURVEY, A-
344, BRAZORIA CO.; T. C. R. R. CO. SURVEY, SECT. 3, A-678, BRAZORIA CO.;
T. C. R. R. CO. SURVEY, SECT. 4 (JOHN W. MAXCY), A-675, BRAZORIA CO.;
OBEDIAH PITTS SURVEY, A-717, BRAZORIA CO.; H. T. & B. R. R. CO. SURVEY,
SECT. 80 (J. S. TALMAGE), A-564, BRAZORIA CO.; H. T. & B. R. R. CO. SURVEY,
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SECT. 81, A-300, BRAZORIA CO.; H. T. & B. R. R. CO. SURVEY, SECT. 82 (J. S.
TALMAGE), A-565, BRAZORIA CO.; H. T. & B. R. R. CO. SURVEY, SECT. 83, A-
305 IN BRAZORIA CO. AND A-761 IN FORT BEND CO.; H. T. & B. R. R. CO.
SURVEY, SECT. 84 (R. B. LYLE), A-538 IN BRAZORIA CO. AND A-767 IN FORT
BEND CO.; S. G. HAYNIE SURVEY, A-212 IN BRAZORIA CO. AND A-620 IN
FORT BEND CO.; FRANKLIN HOOPER SURVEY, A-198, FORT BEND CO.;
GEORGE W. MCDONALD SURVEY, A-577, FORT BEND CO.; I. C. STAFFORD
SURVEY, A-668, FORT BEND CO. AND THE H. LEVERING SURVEY, A-279,
FORT BEND CO, TX (APPLICATION NO. 621) FROM CLASSIFICATION OF
SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT
(R-1 THROUGH R-4), MULTI -FAMILY DISTRICT (MF), OFFICE PROFESSIONAL,
NEIGHBORHOOD SERVICES DISTRICT, COMMERCIAL, AND LIGHT
INDUSTRIAL (MF, OP, NS, GB, C, M-1) AND GENERAL BUSINESS, PLANNED
UNIT DEVELOPMENT (PUD) AT THE REQUEST OF KNUDSON & ASSOCIATES,
AGENT FOR PEARLAND INVESTMENTS LIMITED PARTNERSHIP, OWNER,
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
Mayor Reid stated that staff has recommended that this item be passed to a future agenda.
City Attorney, Damn Coker, stated the staff is currently working on the interlocal agreement
and we need more to get those in final agreement form.
This item was passed to a future agenda, no action taken.
Renee West, 2401 Country Club, addressed Council and said that she does not know what
the difference is between 1,000 lots that are not in a TIRZ and the 1,000 lots that she put
on the ground in a year, that is not subsidized by the City. The only difference is that 100%
of her tax dollars go back to the City. If the TIRZ tax dollars are going to build infrastructures
then it is taking it out of the City's pocket. She said that she feels that other parts of the City
are going to suffer. In closing she said she hopes that the developer will select quality
builders.
NEIN BUSINESS:
COUNCIL ACTION - RESOLUTION NO. R98-79 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING RESOLUTION NO. R98-
78 AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO
INTERLOCAL AGREEMENTS WITH BRAZORIA COUNTY, FORT BEND COUNTY,
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BRAZORIA DRAINAGE DISTRICT NO. 4, FORT BEND INDEPENDENT SCHOOL
,--_ DISTRICT, ALVIN INDEPENDENT SCHOOL DISTRICT, AND
ALVIN COMMUNITY COLLEGE, TO COOPERATE IN ESTABLISHING CONDITIONS FOR
PARTICIPATION IN TAX INCREMENT REINVESTMENT ZONE NO. 2 WITHIN THE
CORPORATE CITY LIMITS OF PEARLAND.
Mayor Reid stated that at staffs request this item will be past to a future agenda.
This item was passed to a future agenda; no action taken.
COUNCIL ACTION - RESOLUTION NO. R98-80 - 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 DE LEON SAND AND
GRAVEL FOR THE EXCAVATION OF THE CITY'S VETERANS/MARY'S CREEK
DETENTION PROJECT.
Councilmember Berger made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R98-80.
City Engineer, John Hargrove, addressed Council and stated that he recommends the
approval of this resolution.
? Voting "Aye" Councilmembers Seeger, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Wilkins absent.
COUNCIL ACTION - RATIFICATION OF THE APPOINTMENT OF GLENN CHANEY TO
SERVE AS PRESIDING MUNICIPAL COURT JUDGE
AND THE APPOINTMENTS OF
ROY SIMMONS AND EDWARD SILLAS TO SERVE AS ASSOCIATE JUDGES.
Councilmember Seeger made the motion, seconded by Councilmember Berger, to
approve ratification of appointment of Glen Chaney to serve as Presiding Municipal Court
Judge and Roy Simmons and Edward Sillas to serve as Associate Judges.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Wilkins absent.
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COUNCIL ACTION - REGARDING THE ACCEPTANCE OF SEALED BIDS FOR
SWIMMING POOL REPAIRS.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
authorize the City to accept sealed bids for the swimming pool to reseal the main drain,
retrofit the filter plant, and for roof and gutter repairs.
Parks and Recreation Director, Ed Hersh, addressed Council and gave an overview of the
items that are need of repair. Mr. Hersh further stated that at this time he will not be doing
the re -plastering of the pool, and even with these repairs, there is no guarantee that the
pool will not still have major problems.
Councilmember Beckman stated that if we do not do the repairs we will really have major
problems.
Voting "Aye" Councilmembers Seeger, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Wilkins absent.
OTHER BUSINESS:
Meeting was adjourned at 8:41 p.m.
ADJOURNMENT
Minutes approved as submitted and/or corrected this the 11TH day of JANUARY, A.D.,
1999.
ATTEST:
om ' e i d
Mayor
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