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2001-02-12 CITY COUNCIL REGULAR MEETING MINUTES021 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON FEBRUARY 12, 2001, 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 Klaus Seeger Councilmember Helen Beckman Councilmember Woody Owens Councilmember Larry Marcott Councilmember Larry Wilkins Interim City Manager Alan Mueller City Attorney Darrin Coker City Secretary Young Lorfing Others in attendance: Manager of Administrative Support Tobin Maples; Police Chief J.C. Doyle; City Engineer John Hargrove; Community Relations Liaison Phibi Vassallo; Public Works Director Jerry Burns; Project Manager Michael Ross; Director of Administrative Services Mary Hickling; Executive Director of P.E.D.C. Mike Chance; Human Resource Coordinator Wendy Standorf; Project Assistant Gene Simeon; Communications Coordinator Mattie Culver; Purchasing Officer Gordon Island. The invocation was given by Reverend Barnett and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT: Mayor Reid presented a Certificate of Recognition from the United States Department of Commerce U.S. Census Bureau to the City of Pearland Grant Coordinator Chris Kidwell. Mr. Kidwell stated he served as secretary for a committee that was formed to insure that Pearland citizens would respond to the 2000 census. Mayor Reid also presented the Certificate of Recognition presented by Pearland/Hobby Area Chamber of Commerce to Councilmember Helen Beckman on behalf of the City of Pearland for outstanding service to the community since 1959. Mayor Reid stated he would dispense with oral Councilmember and MayorActivity Reports due to the amount of citizens requesting to speak at this meeting. He suggested Council Page 1 of 23 - 2/12/2001 02? submit their activities in writing to the City Secretary so they may be put into the minutes from this meeting. From January 24-27 Mayor Reid attended the TML Insurance Risk Pool Board of Directors meeting; January 27 he also attended the Chamber Annual Awards Banquet; January 28 Mayor Reid was speaker for the Eagle Scout Court of Honor, Troop 468; On January 29 Mayor Reid attended the City of Houston's State of the City address given by Mayor of Houston, Lee Brown. Mayor Reid attended a Council Workshop later that evening; January 30 he attended a Council Workshop whose topic was an Air Quality Permit and later in the evening attended a Workshop for Brazoria Drainage District 4; January 31 Mayor Reid attended a Charter Review Commission meeting; February 1 he attended a groundbreaking ceremony for Silvercrest School and later presented a Proclamation to Pearland High School Student Council; February 2 KTRK Channel 13 interviewed Mayor Reid; February 3 he attended the all day Council Retreat; January 5 he attended the TML Legislative Briefing in Austin, Texas; February 6 Mayor Reid attended the monthly meeting of AARP; February 7 he met with developers and February 8 he attended the ribbon cutting ceremony for Laser Line, attended Pearland College Board of Governors meeting and the School District/City Meeting; On February 9 Mayor Reid attended a Chamber Breakfast, met with Silverlake developers and presented a proclamation to Marie Flickinger; February 12 he attended a School to Work Monthly Meeting and later the PEDC Workshop. COUNCIL ACTIVITY REPORTS: Councilmember Beckman reported she attended the Adult Reading CenterAnnual Meeting and Board Meeting as well as the Chamber of Commerce Annual Awards Banquet on January 27; She attended the Community Development Block Grant Advisory Board Meeting in Angleton on January 31; February 1 Councilmember Beckman attended a groundbreaking ceremony for Silvercrest Elementary School; On February 3 she attended the Council Planning Retreat; February 5 Councilmember Beckman attended the TML Legislative Briefing in Austin; She also attended the Litter Free by 2003 Committee Meeting on February 6; On February 8 she attended the Household Hazardous Waste Collection Day Planning Committee Meeting, the Tree Dedication at Pearland College Center and Pearland College Center Board of Governors Meeting. CITY MANAGER'S REPORT: Interim City Manager, Alan Mueller, stated he would also dispense with the City Manager's activity report in light of the amount of speakers for tonight's meeting. Page 2 of 23 - 2/12/2001 023 CITIZENS: Lisa Criswell, 17819 County Road 127, addressed Council regarding a proposed facility known as All Gods Creatures Crematorium and Memorial Gardens. Ms. Criswell stated her daughter attends Rustic Oak Elementary, which is approximately 3700 feet from the site of this proposed facility. She stated she had been advised that out of 762 students who attend Rustic Oak Elementary 90+ have asthma or bronchial problems. She stated her concern was air pollution and ground contamination. Connie Weber, 926 Anna Lane, addressed Council and stated she is opposed to the Crematorium as well. She stated she wrote a letter to the Mayor, Councilmembers, County Commissioners and other pertinent people in the area regarding Crespo Family Services request to TNRCC for an air quality permit for their proposed business All Gods Creatures. She read the letter she wrote to Council and Mayor so it could be made public record. She read her letter saying her family lives less than one mile from the proposed site and feels the crematorium would devalue their homes and adversely effect the children at Rustic Oaks Elementary. She stated she was concerned that City Councilmembers called a Special Meeting to discuss the air quality permit for Crespo Family Services without first doing their homework on the possible risks, future hazards and devaluation of their property. She cited a lawsuit a local family brought against Iso -Tec stemming from lab experiment animals exposed to radiation buried near their home by Iso -Tec. She reported this family, and many other families that filed a lawsuit against Iso -Tec, won because a direct correlation was found between burying animals exposed to radiation and their remains seeping into the groundwater of the nearby resident's neighborhood. She stated she does not want the same situation with the proposed crematorium near her neighborhood. Ginny Anderson, 607 Westfield, addressed Council and stated she is opposed to the pet crematorium as well due to all the reasons stated by the previous speakers. She further stated she was disappointed that residents were not allowed to speak at the Special Council Meeting for this air quality permit. She reported she understood the purpose of the meeting was to discuss the air quality permit request by All God's Creatures in which TNRCC notified the City. She stated she fears the same scenario as the Iso -Tec situation and once approved, there being nothing to stop Mr. Crespo from incinerating experimental animals or expanding the facility and adding more incinerators, as Mr. Crespo told Council was a possibility in the future. She stated she is hopeful the City Council would oppose Crespo Family Services application for a Solid Waste Permit. Mark Lambert, 3710 Pine Tree Drive, addressed Council and stated he is opposed to the pet crematorium due to devaluation of property and compromised air quality. He further Page 3 of 23 - 2/12/2001 024 stated he would like to request that Council draft a Resolution, as Brazoria County Commissioners have, opposing this permit for Crespo Family Services. Jeff W. Harmon, 605 Rustic Lane, addressed Council and stated he is opposed to the crematorium due to potential pollution of air and water, if this permit is issued. He further stated he feels the City should consider the welfare of children at Rustic Oaks Elementary and does not understand why Mr. Crespo cannot move his proposed facility to a more appropriate area. Rita Legge, 1506 Pine Ridge Lane, addressed Council and stated she is opposed to this facility due to the possible adverse effect on the children at Rustic Oaks Elementary and the surrounding neighborhood. Kalei Mayfield, 1505 Pine Ridge Lane, addressed Council and stated she moved to Pearland because it was not a heavily industrialized area. She stated she is opposed to the pet crematorium because it is too close to a residential area and elementary school. She stated if Pearland continues allowing new businesses in the area that affect the air quality, Pearland will be a place where no one wants to live. Jane Falgout, 17018 County Road 127, addressed Council and stated she lives near the proposed crematorium. She stated her concern was the air and groundwater pollution this facility would possibly create. She reported she agrees with earlier speakers who voiced their opposition. Elizabeth Vann, 2315 Heritage Landing, addressed Council and stated she is opposed to extending Barry Rose Road. She stated her concern is due to speeders already in their neighborhood and this extension adding to the problem. She further stated she has small children and is concerned for their safety. James R. Vann, 2315 Heritage Landing, addressed Council and stated he has been a Harris County Sheriff's Deputy for thirteen years. He stated he and his family moved to Pearland because it was a small town with a low crime rate. He further stated everyone in the neighborhood was unaware of this possible extension and were caught by surprise. He stated he believes if Barry Rose Road is opened up into Harris County that the crime rate will go up. He stated he is also concerned about money being spent for this when it could be used in other areas more needed. Donna May, 3102 Heritage Green, addressed Council and stated she understands the City's difficult job trying to determine transportation plans. She stated there should be better communication between residents and the City about what is being planned. She Page 4 of 23 - 2/12/2001 025 reported she spoke to some of her neighbors who were surprised when she told them about the proposed extension of Barry Rose Road. She stated her concern was property devaluation, increase in crime rate and speeding traffic through their neighborhood. Mark McDonough, 2705 West Oaks Boulevard, addressed Council and stated he appreciates the opportunity that we as citizens still have to express our opinions in an open forum such as this meeting. He reported he moved to Pearland one and a half years ago after researching other towns in the Southeast area. He stated his concern was if PEDC shares compatible objectives with the City and residents of Pearland. He stated since the PEDC serves at the pleasure of the City, he feels the City should protect the residents of Pearland from businesses considering a move here that would compromise the quality of life for Pearland residents. He stated his other concern was the spending of tax dollars, and a tax increase should be a last resort for a City to raise money. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the January 15, 2001, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the January 22, 2001, Regular Council Meeting held at 7:30 p.m. 3. Minutes of the January 22, 2001, Public Hearing held at 6:30 p.m. 4. Minutes of the January 30, 2001, Special Meeting held at 5:30 p. M. B. CONSIDERATION AND POSSIBLE ACTION -SECOND AND FINAL READING OF ORDINANCE NO. 509-400-1 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509-400 (APPLICATION NO. 960), THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF MODIFYING LOT SIZES AND SIDEWALK LAYOUT AT THE REQUEST OF RENEE WEST, AGENT, FOR REED -WEST INVESTMENTS, LTD., OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING Page 5 of 23 - 2/12/2001 026 A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Manager of Administrative Support. C. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-14 - A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A GENERAL ELECTION ON THE FIFTH DAY OF MAY, 2001, FOR THE PURPOSE OF ELECTING THE TWO MEMBERS OFTHE CITY COUNCIL IN AND FOR THE CITY OF PEARLAND, TEXAS; ESTABLISHING POLLING PLACES; NAMING CLERKS; AND ESTABLISHING PROCEDURES FOR SAID REGULAR CITY OFFICERS' ELECTION. Mr. Young Lorfing, City Secretary. D. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-15 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING PERSONS TO SERVE AT THE CENTRAL COUNTING STATION, BRAZORIA COUNTY COURTHOUSE, ANGLETON, TEXAS, FOR THE GENERAL ELECTION TO BE HELD ON THE FIFTH DAY OF MAY, 2001. Mr. Young Lorfing, City Secretary. E. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-17 - 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 PUBLIC SECTOR PERSONNEL CONSULTANTS FOR COMPENSATION SYSTEM DESIGN SERVICES. Ms. Mary Hickling, Director of Administrative Services. F. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-18 -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 DUNHAM ENGINEERING FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE FM 518 WATER PLANT REHABILITATION PROJECT. Mr. Jerry Burns, Public Works Director. Page 6 of 23 - 2/12/2001 027 G. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-21 - 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 KLOTZ ASSOCIATES, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE McHARD ROAD WATER LINE PROJECT. Mr. Michael Ross, Project Manager. H. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-16 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE CONSTRUCTION OF RESIDENTIAL WATER AND SEWER IMPROVEMENTS ALONG MORENCI STREET. Mr. Michael Ross, Project Manager. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1003 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON KNAPP ROAD IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH OLD ALVIN ROAD/BOBBY STREET, UPON KNAPP ROAD IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH OLD ALVIN ROAD/BOBBY STREET, UPON BOBBY STREET INA SOUTHERLY DIRECTION AT ITS INTERSECTION WITH KNAPP ROAD, UPON OLD ALVIN ROAD IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH KNAPP ROAD; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION, AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Michael Ross, Project Manager. Page 7 of 23 - 2/12/2001 Councilmember Beckman made the motion, seconded by Councilmember Wilkins, to adopt Consent Agenda Items A through I as presented on the Consent Agenda. Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA: None NEW BUSINESS: FIRST READING OF ORDINANCE NO.943-2-AN ORDINANCE OFTHE CITY COUNCIL OFTHE CITY OF PEARLAND, TEXAS, AMENDING SECTION 7.0, TRANSPORTATION, OFTHE CITY'S COMPREHENSIVE PLAN AS A GUIDE FOR PROPER DEVELOPMENT OF AN INTEGRATED TRANSPORTATION SYSTEM IN PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR CODIFICATION. Mr. Tobin Maples, Manager of Administrative Support. Councilmember Owens made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 943-2 on its first reading. Interim City Manager, Alan Mueller, stated the Thoroughfare Plan is a document that the City uses to guide its thoroughfare development. He stated it is a long-range planning document that is part of the Comprehensive Plan for the City. He further stated most of the roads on the Thoroughfare Plan are not even funded. He reported the purpose of the Plan is so that as the community develops the proper corridors can be maintained and held open so that roads can be built in the future. Mr. Mueller reported Pearland Parkway, formerly Clear Creek Parkway, was on the 1993 Thoroughfare Plan and may have been on previous plans. He stated when they updated the Thoroughfare Plan in 1998 the alignment was changed and renamed Pearland Parkway. He also stated the Barry Rose Road -Hughes connection was included in the 1998 Thoroughfare Plan. At the time it was listed as a minor collector, which is a four -lane undivided facility, and two of the four amendments that are on the ordinance list for first reading are the result of the recent Traffic Study. One of the proposed amendments is to connect Yost Road to Scarsdale Boulevard and to place it on the Comprehensive Plan. The second amendment is to connect Barry Rose Road to Hughes Road and change it from a minor collector to a secondary thoroughfare, which is a four -lane divided facility, and the other two Page 8 of 23 - 2/12/2001 124 amendments are for Pearland Parkway stating right-of-way had been acquired. The other is to change the alignment of McHard Road. The City is in the process of updating the Thoroughfare Plan to look to the future traffic needs of Pearland. These proposed projects need to be prioritized, which the Council did individually, then funding, design and right-of- way acquisitions need to be completed . In closing, he stated everything is still in the development phase. Mayor Reid stated rumors have been floating around that are incorrect about the Barry Rose Road extension and the City bulldozing houses, buying houses or moving people out. He stated at this time the City is planning to renovate the ditch to make this extension and it is less expensive to cover up a ditch than buying or bulldozing houses. He also stated it is important to have future roadways on the Master Plan in order to qualify for state and federal funding to build your roads. CITIZENS: Chip Hosek, 3126 Yost Road, addressed Council and stated he is opposed to the extension of Yost Road. He stated that recently Council prioritized the road projects. Mr. Hosek stated out of six of the City elected officials, four ranked Yost Road Number 13 or below on their list of priorities for road projects. He further stated the other two councilmembers ranked Yost Road Number 2 on their list of priorities for road projects. He reported he feels the difference in priorities is due to two councilmember's allegiance with Harris County residents that live in Pearland. He stated he believes two councilmembers placed Dixie Farm Road and Pearland Parkway behind Yost Road in their list of priorities. Martha Foster, 3011 Country Club Drive, addressed Council and stated she was surprised the previous speaker was allowed to speak specifically to certain Councilmembers. She stated she is in favor of the extension of Yost Road. Every expensive study that has been done all recommend opening Yost Road to Scarsdale and that the City needs direct access to the South Belt area and to Interstate 45. She reported the traffic in her area has worsened and continues to worsen due to growth in the area. She further reported there are no other candidates for access roads except Yost Road. She asked Council to please approve this project. Eric Taranto, 2604 Antrim, addressed Council and stated he is in favor of connecting Yost Road to Scarsdale Boulevard. He pays Pearland taxes whether he lives in Harris County or Brazoria County and should be treated like any other resident. He reported the problem of cars speeding and breaking other traffic laws down Country Club Drive. He stated he Page 9 of 23 - 2/12/2001 030 understands why Yost Road does not want this type of traffic but the traffic burden needs to be shared. Gay Johnson, 2317 Green Tee, addressed Council and stated she supports the Yost Road -Scarsdale extension amendment. She stated it would promote more equitable traffic flow and alleviate fire, safety and health concerns in the large, developing neighborhoods. She further stated in Green Tee they have an ongoing problem of speeding cars traveling through a restricted neighborhood on two-lane streets. She reported they have lost animals, mailboxes, etc. due to the speeding cars. She further reported her main concern was for the neighborhood children's safety. Donna Snowden, 2304 Green Tee, addressed Council and stated she is President of the Green Tee Homeowner's Association and is in favor of the Yost Road -Scarsdale Boulevard connection. She asked if it was morally right for fewer than a hundred citizens to have the right to dictate something that affects potentially thousands of Pearland residents. She further stated if Pearland residents, especially with the addition of Bella Vita, have a hard time getting into Pearland sales tax revenue will go down. David Hendricks, 3006 Pilgrims Point Lane, addressed Council and stated he is opposed to the widening of Barry Rose Road. He is concerned with speeding cars, higher crime rate and property devaluation if this road is widened. He and his family moved to Pearland three years ago and would choose to move out of Pearland if this thoroughfare goes through. Linda Clem, 3101 Plymouth Landing Circle, addressed Council and stated she is opposed to the widening of Barry Rose Road. She has lived in her house for eight years and Pearland for sixteen years and is surprised this is the first she has heard about widening Barry Rose Road and making it a thoroughfare. Ms. Clem asked why the City is making roads through subdivisions in the first place and she is concerned about property devaluation, noise, increased traffic and crime if Pearland connects roads to Scarsdale and Houston. In closing, she would like to know the meaning of "long-range" in regards to this proposed thoroughfare. Neil West, 2218 Country Club Drive, addressed Council and stated he is in favor of the Yost Road -Scarsdale extension. He thanked Council for their consideration and attention on this matter and encouraged them to push ahead. Nancy Bowen, 2608 Country Club, addressed Council and stated she is in favor of the extension of Yost Road to Scarsdale. She further stated with the addition of Bella Vita, Green Tee cannot absorb the traffic of 950 homes with additional traffic. She reported she has speeders and dangerous drivers in her neighborhood of Green Tee and they need some traffic relief. Page 10 of 23 - 2/12/2001 031 Joanne E. Juren, 2115 Tipperary Drive, addressed Council and stated she lives in Green Tee and is in favor of the extension of Yost Road to Scarsdale, Barry Rose Road to Hughes Road and Dixie Farm widening. She further stated she feels Pearland has done a poor job of planning in the last twenty years. She reported she has had the same problems as other Green Tee residents. She stated her concern is for the safety and welfare.of citizens needing emergency care and not having access to the fastest route. Ron Juren, 2115 Tipperary, addressed Council and stated his wife, the previous speaker, had covered all of his concerns. Mayor Reid reported the City of Pearland spent $14,000,000 in capital improvements last year. He further reported the City is doing the best it can and with the best solution possible for everyone. Councilmember Owens stated he feels there were good comments from both sides of the issues. He further stated Pearland Parkway should be top priority and Yost Road is important also since it is one of the quickest ways to relieve traffic since FM 518 is already at capacity. Councilmember Owens reported the Yost Road project has been on the plan for 33 years. He further reported he was in favor of making Yost Road a two-lane road instead of a four -lane so there would not be as much traffic added to it. He stated he would change his position if the citizens in the Yost Road area wanted a four -lane road. Councilmember Owens stated he did not understand why there was not public participation in the discussion of this road. Mayor Pro -Tem Seeger read from the Access and Corridor Study and stated it reads if Yost Road opens up it would add 28,000 more vehicles daily. He stated the Study says Dixie Farm Road, even with four -lane widening, will be 17% over capacity. He further stated it also says Pearland Parkway will be 20% over capacity even with four lanes. He stated it is important not to do things that are good only in the short-term and to look at the big picture instead. Councilmember Owens stated the "Access and Corridor Study reads that the 28,000 additional vehicles are predicted for the year 2025. Mayor Reid addressed some of the speaker's concerns about Pearland being a "Master Planned" community. He stated there are somethings you can predict and others that just happen and you have to deal with them in the present. Mayor Reid stated the City tries to communicate through the City's website, Channel 20 and newspapers. Mayor Reid introduced Community Relations Liaison, Phibi Vassallo, and Communications Page 11 of 23 - 2/12/2001 03? Coordinator, Mattie Culver. He stated Phibi is the staff member residents should call to address their concerns. Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins. Voting "No" None, Motion passed 5 to 0. Mayor Reid called a recess, and reconvened in ten minutes. FIRST READING OF ORDINANCE NO. 741.2 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 27, SUBDIVISIONS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIMETOTIME,AMENDED, FORTHE PURPOSEOF ESTABLISHING GUIDELINES FOR GENERAL REQUIREMENTS AND MINIMUM DESIGN STANDARDS FOR CUL-DE-SACS AND LENGTHS OF DEAD-END STREETS; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Tobin Maples, Manager of Administrative Support. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Owens, to approve Ordinance No. 741-2 on its first reading. Interim City Manager, Alan Mueller, stated this change will make the cul-de-sac length for — private streets to be consistent with public street requirement of 600 feet. This action will also add a section to clarify how cul-de-sacs are measured, and also enacts an informal provision the Council directed. There is an automatic alternative for cul-de-sacs that are greater than 600 feet up to 1200 feet an automatic alternative would be to dedicate a 36 feet paved road instead of 28 foot which is normal in a 60 foot right-of-way. Mr. Mueller stated prior to this that had to be done by a variance. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 1004 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, GRANTING THE CONSENT OF THE CITY OF Page 12 of 23 - 2/12/2001 o�? PEARLAND, TEXAS, TO THE CREATION OF UP TO SIX MUNICIPAL UTILITY DISTRICTS WITHIN THE CITY'S CORPORATE BOUNDARIES; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE. Mr. Darrin Coker, City Attorney. Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 1004 on its first reading. Interim City Manager, Alan Mueller, stated this is the In -City Municipal Utility Districts that have been discussed in Shadow Creek Ranch in lieu of the Public Improvement District that was previously contemplated. He further stated rather than have a flat $0.15 rebate for the entire term there will be language added to the agreement whereby the tax rebate can step down over time in an equal amount as the MUD tax rate is reduced the City's tax rate will be reduced at a similar amount. Councilmember Marcott and Mr. Mueller briefly discussed how the taxes are collected and how they will be used. Mayor Pro -Tem Seeger briefly discussed with Staff contributions by Tax Increment Reinvestment Zone. Councilmember Owens asked how often the City will get updates on Shadow Creek Ranch. Mayor Pro -Tem Seeger suggested those updates should occur quarterly. Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2001-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN EARNEST MONEY CONTRACT WITH AMVEST CORPORATION FOR THE PURCHASE OF 7.5 ACRES. Mr. Alan Mueller, Interim City Manager. Councilmember Wilkins made the motion, seconded by Councilmember Marcott, to approve Resolution No. R2001-19. Page 13 of 23 - 2/12/2001 '034 Interim City Manager, Alan Mueller, stated this is the property that was previously discussed in Executive Session and also the funding for the property has been discussed as part of the City's project planning. This is the north 71/2 acres of lot 42. There is 20 acres in this vicinity that is being purchased by a private developer, for detention purposes. The developer has determined that they have about 71/2 acres of excess property that they do not need. The property has been offered to the City for the same price the developer is paying. It will be up to the City to expand onto that property for additional detention facilities. Mr. Mueller briefly gave an overview of the terms of the earnest money contract. He further stated that if the City does not develop the property, the Municipal Utility District has the opportunity to purchase the property from the City for a fair market value at the time. Councilmember Owens asked what this buys the City. Interim City Manager, Alan Mueller, stated this will give the City approximately 71/2 acres and 40 acre feet of detention that has been estimated to be developed on the site. He further stated the property would only be sold if it had not been developed. A brief discussion ensued between Staff and Council regarding the purchase of this property. City Engineer, John Hargrove, reported to Council this property is in the right place, and that is what really helps. Interim City Manager, Alan Mueller, stated that Staff has pursued this based on the direction they have received previously from Council, and if Council does not like or would like to change the terms they could. Councilmember Beckman stated that it is the Council intention is to go ahead and plan for detention. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1002 - AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND Page 14 of 23 - 2/12/2001 0�5 ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (NORTH OF FM 518 AND WEST OF MAX ROAD); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. Mr. Tobin Maples, Manager of Administrative Support. Councilmember Beckman made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1002 on its first reading. Interim City Manager, Alan Mueller, stated the two required public hearings have been held, along with the required notices. Mr. Mueller stated that Staff had met with the owner and developer of this property, who has requested some additional discussion regarding annexation of the property. The property is within a Municipal Utility District. He further recommended that the Council proceed forward with the first reading of the ordinance in order to stay on the time line that has been established. The City has ninety days from the date of the first reading to enact the second. Therefore, Mr. Mueller recommended that the Council defer the second reading up to ninety days, to allow the Staff to begin discussions with the owners of the property to seek alternatives to complete the annexation of the property. Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2001-20 - 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 NULL-LAIRSON, P.C., FOR DEVELOPMENT OF A MUNICIPAL UTILITY DISTRICT ANNEXATION FEASIBILITY ANALYSIS. Mr. Alan Mueller, Interim City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Seeger, to approve Resolution No. R2001-20. Interim City Manager, Alan Mueller, stated this is a priority that came from the Year 2000 Council Retreat and goals which was to budget fora study to analyze the annexation of the City's six extraterritorial jurisdiction municipal utility districts excluding MUD No. 16 which was previously discussed. This project was budgeted in the current fiscal yearfor $25,000. It is estimated that the entire budgeted amount will be spent on the contractor. Mr. Mueller Page 15 of 23 - 2/12/2001 036 further stated this will give the City the first review to give the indication if we want to proceed forward with the complete annexation of either one or all of these municipal utility districts. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - REGARDING AN APPLICATION FROM JUDY STONE TO MOVE A HOUSE INTO THE CITY LIMITS OF PEARLAND TO BE LOCATED ON SAN ANTONIO AVENUE AT JASMINE STREET. Mr. Tobin Maples, Manager of Administrative Support. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Owens, to approve the application to allow Judy Stone to move a house into the city limits of Pearland to be located on San Antonio Avenue at Jasmine Street. Interim City Manager, Alan Mueller, stated there is a City code that requires anytime a structure, such as this house, is to be moved into the city limits it requires specific approval of the City Council. The applicant has proposed to move a house in on Jasmine. Manager of Administrative Support, Tobin Maples, reported that anytime a structure is moved into the City the owner has to make sure the actual structure complies with the City's Building Codes. Lengthy discussion ensued between Council and Staff regarding the moving of this structure into the City, and the code requirements that will have to be met by the owner, before an occupancy permit is issued. Councilmember Wilkins made a motion to table this item to further assess the condition of the proposed house that is to be moved in. Mayor Reid stated the motion died for the lack of a second. Councilmember Owens stated the house looks like a nice three bedroom frame home. Councilmember Beckman stated as long as the owner knows that it has to meet code requirements before it can be occupied. Page 16 of 23 - 2/12/2001 037 Mayor Reid stated according to the pictures of the house it looks like a sound structure. Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott. Voting "No" Councilmember Wilkins. Motion Passed 4 to 1. COUNCIL ACTION - RESOLUTION NO. R2001-22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT W ITH THE TEXAS GENERAL LAND OFFICE FOR THE DISCOUNTED PURCHASE OF ELECTRICITY FOR SELECT CITY FACILITIES. Mr. Gordon Island, Purchasing Officer. Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2001-22. Interim City Manager, Alan Mueller, stated the Texas General Land Office has a lot of oil and gas leases that they manage. The Land Office has a deal with H.L. & P. and some other electric utilities where they are selling gas to these electric utilities. In exchange for that deal the utilities agreed to make certain discounted rates available to public schools, and then after they filled up the number of schools that wanted to take advantage of it, the Land Office then made the opportunity available to municipalities. There are certain City accounts that qualify for this special rate. The savings will be in the $5,000 per year range. Mr. Mueller stated that next year all electric services will be deregulated in Texas. He further stated this agreement does extend to 2003, however, it can be canceled on December 31, 2001. City Attorney, Darrin Coker, reported that several City Attorneys from the surrounding will be meeting next week to discuss the best way to approach deregulation, as the end of the year approaches. He further stated there is a possibility the cities will get together and form some type of Cooperative to Out the City in a better position to have negotiating powers when these various utility companies start contacting the City for their business. Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 5 to 0. Page 17 of 23 - 2/12/2001 COUNCIL ACTION - RATIFICATION OF EMERGENCY EXPENDITURE FOR REPAIRS TO THE FM 518 WATER WELL. Mr. Jerry Burns, Public Works Director. Councilmember Wilkins made the motion, seconded by Councilmember Owens, to approve the emergency expenditure of $28,961.50 for repairs to the FM 518 water well. Interim City Manager, Alan Mueller, stated during routine maintenance when the pump was removed it was discovered repairs needed to be made. In order to do the repairs quickly and get the water well back in operation he authorized the work to be done. Since the repairs are more than $15,000, that would normally require bidding and due to the emergency expenditure, Staff is asking for Council's ratification of the emergency expenditures in excess of $15,000. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-506 - 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 A 10 ACRE TRACT OUT OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 17, H. T. & B. R.R. CO. SURVEY, A-242, BRAZORIA CO., TX (APPLICATION NO. 965) (OLD CHOCOLATE BAYOU ROAD @ FITE ROAD) FROM CLASSIFICATION GENERAL BUSINESS DISTRICT (GB) TO PLANNED UNIT DEVELOPMENT (PUD) AT THE REQUEST OF KNUDSON & ASSOCIATES, AGENT FOR SIGNATURE HOMES AND BAR CROSS LIMITED, OW NERS, 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, Manager of Administrative Support. Councilmember Beckman made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-506 (Application No. 965) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 965. Page 18 of 23 - 2/12/2001 03Q Brief discussion ensued between Manager of Administrative Support, Tobin Maples, and Council regarding the Planning and Zoning Commission considering this application. Councilmember Wilkins stated that he will be supporting this ordinance. He stated he likes this concept better than apartments. He stated during the Workshop the presentation was very informative, and this will be a positive development in that area. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-508 - 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 A 44.0130 ACRE TRACT OUT OF A 78.1761 ACRE TRACT, BEING ALL OF TRACT 6'h, 5 AND A PART OF TRACT 3 & 4 OF THE SUBDIVISION OF SECTION 5, H. T. & B. R.R. CO. SURVEY, A-237, AS PER PLAT RECORDS IN VOL. 28, PG 6, DEED RECORDS OF BRAZORIA CO., TX (APPLICATION NO. 956) (HATFIELD ESTATES) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO SINGLE FAMILY DISTRICT (R-3) ATTHE REQUEST OF KEN CAFFEY, AGENT FOR AMVEST PROPERTIES, INC., 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, Manager of Administrative Support. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Seeger, to approve Ordinance No. 509-508 (Application No. 956) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny Application No. 956. Interim City Manager, Alan Mueller, stated the Planning Commission did recommend that this application be denied. This is a slightly different procedure than we have used in the past. In the past when an item was placed on the agenda for denial, it was an action item. In order to expedite things an ordinance has been created in the event that Council wanted to override and vote in favor of this application. This takes two weeks out of the process, if Council overrides the Planning and Zoning Commission. Page 19 of 23 - 2/12/2001 040 Councilmember Marcott stated that he concurs with the Zoning Commission. The City is going to be putting McHard Road through that area and he does not think this would be an appropriate use for the property. Councilmember Beckman stated that she agrees with the Planning and Zoning Commission to deny this application Voting "Aye" None. Voting "No" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins. Motion Failed 5 to 0. FIRST READING OF ORDINANCE NO. 509-505 - 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 1.14 ACRES OF LAND OUT OF THE SOUTHEAST CORNER OF 16.13 ACRES IN SECTION 17, H. T. & B. R.R. CO. SURVEY, A-242, BRAZORIA CO., TX(APPLICATION NO. 962) (7407 FITE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF H & R OPERATOR SERVICES, INC., 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, Manager of Administrative Support. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-505 (Application No. 962) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 962. Interim City Manager, Alan Mueller, stated this is an existing business on Fite Road. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 5 to 0. Page 20 of 23 - 2/12/2001 041 FIRST READING OF ORDINANCE NO. 509-509 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 2.8041 ACRES OUT OFA CALLED 9.29 ACRE TRACT OUT OF THE SOUTH Y2 OF LOT 30, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 21, H. T. & B. R.R. CO. SURVEY, A-309, BRAZORIACO., TX(APPLICATION NO. 963) (OLD CHOCOLATE BAYOU ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO NEIGHBORHOOD SERVICES DISTRICT (NS)ATTHE REQUESTOFBOBBYTHOMPSON OFCOLDWELL BANKER UNITED, AGENT FOR DANNY BLUMRICK 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, Manager of Administrative Support. Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 509-509 (Application No. 963) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 963. Councilmember Wilkins stated he is concerned that the City is not adhering to the Comprehensive Plan. Councilmember Beckman stated that in this situation Neighborhood Services is appropriate. She further stated this is like a little village pocket which is appropriate close to a residential area. Neighborhood Service belongs next to a residential area, and it is on a busy street. Mayor Pro -Tem Seeger stated this is one of those borderline cases and he also feels it is appropriate for the area. Councilmember Beckman stated that the Comprehensive Plan is to serve as a guide. She further stated considering the situation this is appropriate zoning. Councilmember Marcott stated it was a good move when Council zoned the property across the street General Business. He further stated his concern with this area is the traffic patterns in the morning and evenings. Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott. Page 21 of 23 - 2/12/2001 042 Voting "No" Councilmember Wilkins. Motion Passed 4 to 1. FIRST READING OF ORDINANCE NO. 509-507 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING LOT 6, BETHEL SUBDIVISION, SECTION 2, BEING A 3.6419 ACRE TRACT OF LAND OUT OF 25.9538 ACRES OF LAND, OUT OF LOTS 39, 40, 55 AND 56, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 19, H. T. & B. R.R. CO. SURVEY, BRAZORIA CO., TX (APPLICATION NO. 961)(2045 LEE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF GEOFFREY EASTHAM, 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, Manager of Administrative Support. Councilmember Wilkins made the motion, seconded by Councilmember Marcott, to approve Ordinance No. 509-507 (Application No. 961) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 961. Interim City Manager, Alan Mueller, stated this is the first (RE) zoning in the City. Councilmember Marcott stated that this is a good move in the direction for bigger lots and better designations. He further stated he will support this ordinance. Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 10:00 p.m. to discuss the following: Page 22 of 23 - 2/12/2001 043 EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY: REGARDING POTENTIAL LITIGATION - ASSOCIATED WITH HATFIELD ROAD. Mr. Darrin Coker, City Attorney. 2. SECTION 551.074 - PERSONNEL MATTERS: DISCUSSION REGARDING THE HIRING OF A CITY MANAGER. City Council. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:37 p.m. COUNCIL ACTION -REGARDING THE HIRING OFA CITY MANAGER. CityCouncil. No Council action taken. U9310111:1Zlut=IhqkI; Meeting was adjourned at 11:38 p.m. Minutes approved as submitted and/or corrected this the 26 day of February, 2001. Tom Reid Mayor ATTEST: Page 23 of 23 - 2/12/2001