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2001-04-09 CITY COUNCIL REGULAR MEETING MINUTES1.17 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 9, 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 Woody Owens Councilmember Larry Marcott Councilmember Larry Wilkins Interim City Manager Alan Mueller City Attorney Darrin Coker City Secretary Young Lorfing Absent: Councilmember Helen Beckman. Others in attendance: Manager of Administrative Support Tobin Maples; Director of Finance Jim Causey; City Engineer John Hargrove; Parks and Recreation Director Ed Hersh; Executive Director P.E.D.C. Mike Chance; Police Chief J.C. Doyle; Project Director Michael Ross; Project Manager Allen Hague; Purchasing Officer Gordon Island; Grants Coordinator Chris Kidwell. The invocation was given by Rev. Barnett and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT: Mayor Reid and Councilmember Wilkins presented a proclamation to Grand Knight Council 8960, Joe Zvanut, proclaiming April 28, 2001 as "14'hAnnual Crawdad Jamboree Day." Mayor Reid presented a proclamation to Brazoria County Children's Protective Services Board Member, Maureen "Bunnie" Phillip, proclaiming April 2001 as "Child Abuse Prevention Month." Mayor Reid introduced members of Chamber of Commerce Leadership Pearland Class of 2001. Mayor Reid reported on March 27 he met with Iowa Colony and Manvel Officials, attended Keep Pearland Beautiful's Open House, Neighborhood Center Fundraiser Committee Page 1 of 18 - 04/9/2001 138 Meeting, and met with Making a Difference (MAD) Basketball Team; March 28 the Mayor presented the State of the City Presentation to the Exchange Club; March 29 he attended a ribbon cutting for Sing and Play and also a Houston Partnership "Workforce Houston" Workshop; March 31 Mayor Reid attended Troop 466 Eagle Court of Honor; April 2 he did an interview with a Shadycrest student, attended a Council Workshop and New Harvest Baptist Church dedication ceremony; April 3 he attended an AARP Monthly Meeting and presented a proclamation to TurboCare for their facility dedication; April 4 he attended the Pearland College Annual Meeting and also met with the Charter Review Commission; April 5 he attended the Texas Municipal League Region 14 Semi -Annual Meeting; April 6 he met with Reverend Gutierrez regarding new church property; April 7 he attended Troop 460 Eagle Court of Honor. COUNCIL ACTIVITY REPORTS: Councilmember Beckman was out of town in Virginia. Councilmember Owens stated he wanted to take the opportunity to address an e-mail he received regarding homeowners versus developers. He further stated he would like to move beyond the ongoing political posturing regarding issues with campaign supporters being in favor of profit -zoning for apartments, mobile homes and industrial areas. He further stated there should be no distinction between residents, or Councilmember candidates, living in mobile homes or apartments, being second-class citizens as was rumored to be said. He stated he would like to move past that. He added that he had also heard issues that if these particular people were elected that Impact Fees would go by the wayside and homeowner's water bills would increase 40%. He stated those decisions were being made by the Legislature, not Pearland City Council and further stated that President Bush, who was then governor of Texas, vetoed it two years ago. If residents in mobile homes or apartments desire to have a house, the City should be working in partner with the local college, schools and businesses to help residents become better educated so they may get better jobs with higher wages so citizens can afford a house, if they so desire. He further added that in the past several months Council has been meeting approximately 7-10 times a month in Executive Session lasting until or after midnight. Councilmember Owens stated he feels that if these items that are discussed in Executive Session are going to be distributed from "Pearland Life" e-mail the next day, these items should be discussed in open session. Mayor Pro -Tem Seeger stated he had nothing to report. Page 2 of 18 - 04/9/2001 I" Councilmember Marcott reported he attended the Making a Difference (MAD) Group with the Mayor and found it very interesting; April he attended the TML Spring Meeting in Houston. Councilmember Wilkins reported he was in Austin the previous week on a business trip and had the opportunity to meet with some of the representatives at the State Capitol to discuss.Pearland issues. CITY MANAGER'S REPORT: Interim City Manager, Alan Mueller, introduced Allen Hague who is the new Project Manager for the City who will focus on right-of-way acquisitions. Mr. Hague comes with 20 years of experience, mostly with HL & P before they became Reliant Energy. Mr. Mueller stated the sewer and water work the City has been doing, in the vicinity of Cullen Boulevard and FM 518, is substantially complete including the new Lift Station near Westgate Boulevard, which is also part of this project. He further stated in the old town site the City is doing inflow and infiltration repair on 40-50 year-old sewer pipes trying to make as little fuss and mess as possible. A $3,000,000.00 inflow and infiltration repair project, that will repair sewers in Longwood and Sleepy Hollow subdivisions, will be going before the Water Board for review. Assuming it will be favorable, the project should be going to bid soon. CITIZENS: Niel West, 2218 Country Club Drive, addressed Council and stated he is concerned about solid waste on the curbs in his neighborhood, Green Tee, sitting there for several days before garbage pickup. He added the problem has been ongoing for a while and would like a solution. He believes there is an ordinance being worked on to address this. DOCKETED PUBLIC HEARING: None. CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: Minutes of the March 26, 2001, Regular Council Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION - EXCUSE ABSENCE OF COUNCILMEMBER HELEN BECKMAN FROM THE REGULAR MEETING HELD ON MARCH 26, 2001. City Council. Page 3 of 18 - 04/9/2001 ilm C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 985-2 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 985, THE 2000-2001 ANNUAL BUDGET ORDINANCE, BY AUTHORIZING CERTAIN ADDITIONS IN GENERAL FUND LINE ITEMS FOR MUNICIPAL PURPOSES; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO FACILITATE THE CHANGES IDENTIFIED HEREIN WITHOUT FURTHER APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS CLAUSE, A SEVERA- BILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE. Mr. Jim Causey, Director of Finance. D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-516 - 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 60 ACRES, BEING TRACTS 26-31 H. T. & B. R.R. COMPANY SURVEY, A-219, BRAZORIA COUNTY, TEXAS (HATFIELD ROAD) (APPLICATION NO. 967) (HATFIELD ROAD) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) TO SINGLE FAMILY DISTRICT PLANNED UNIT DEVELOPMENT (R-2 PUD) AT THE REQUEST OF JAMES CORNELIUS, AGENT FOR RONALD NOLES AND BILLY NOLES, OWNERS, 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. E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-517 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 5 ACRES, BEING THE SOUTH '/2 OF LOT 50, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 19, H. T. & B. R. R. COMPANY SURVEY, A- 243, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF APPEARING IN VOLUME 2, PAGE 23-24, PLAT RECORDS OF BRAZORIACOUNTY, TEXAS (APPLICATION NO. 973) (1738 STONE ROAD OLD Page 4 of 18 - 04/9/2001 141 ADDRESS: 13418 STONE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-1) AT THE REQUEST OF MARIO VICTORINO AND ANA LIZA JUGUILON, OWNERS, 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. F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-518 - 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 TRACT 4, OUT OF ANDA PART OF COMMERCIAL RESERVE, BLOCK 2, WEST LEA SUBDIVISION, SECTION 1, AS PER THE MAP OR PLAT THEREOF AS RECORDED IN VOLUME 10, PAGE 19, BRAZORIA COUNTY PLAT RECORDS, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 972) (MANVEL ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF JUAN HERRERA, 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. G. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-519 - 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 5.364 ACRE TRACT LOCATED IN LOT 11, H.T. & B.R.R. COMPANY SURVEY, SECTION 14, A-509, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 974) (5509 BAILEY ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF KEN AND PATRICIA SMITH, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, Page 5 of 18 - 04/9/2001 147 AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Manager of Administrative Support. H. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-47 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF FRIENDSWOOD FOR THE PROVISION OF WATER AND SEWER SERVICE. Mr. Jim Causey, Director of Finance. I. CONSIDERATION AND POSSIBLE ACTION - APPOINTMENT OF ROBERT SCHERRER TO SERVE ON THE PLANNING AND ZONING COMMISSION. Mr. Darrin Coker, City Attorney. J. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-50 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF ADDITIONAL FIRE HOSE AND HARDWARE. Mr. Gordon Island, Purchasing Officer, Councilmember Owens made the motion, seconded by Councilmember Marcott, to adopt Consent Agenda Items A through J, as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. MATTERS REMOVED FROM CONSENT AGENDA: None. NEW BUSINESS: COUNCIL ACTION - RESOLUTION NO. R2001-48 - 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 WALSH/FREESE AND NICHOLS, INC. - LOCKWOOD, ANDREWS & NEWNAM, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE DIXIE FARM ROAD IMPROVEMENT PROJECT. Mr. Alan Mueller, Interim City Manager. Page 6 of 18 - 04/9/2001 141 Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2001-48. Interim City Manager, Alan Mueller, stated in 1995 the City began the Preliminary Engineering and Environmental Assessment Process for the Dixie Farm Road expansion from Beamer to State Highway 35. He further stated this was 80% funded by TXDot through funds granted by Houston -Galveston Area Council governments. The City has obtained a Wetlands permit, as requested, and were told they could advertise for "request for qualifications" from firms interested in doing the work. Only one firm responded, which was the same firm that did the TE and EA work, being Walsh, Freese and Nichols and Lockwood, Andrews & Newnam, Inc. Mr. Mueller stated this took over a year to go through the TXDot system. It also requires a $1.5 million engineering contract and the project will cost from $17.5 million to $18 million. The design period should be approximately 13 months and right -of way acquisitions will be acquired during this time. Mr. Mueller estimated actual work to begin in about 2 years and will be done in tandem, with two firms doing the work, and broken up into two sections with those being State Highway 35 to FM 518 and FM 518 to Beamer Road. Councilmember Owens asked if a retaining wall was included in the final design. Interim City Manager, Alan Mueller, stated the wall was included in the final design. Councilmember Owens asked if the Traffic Study, for the proposed Wal-Mart at Dixie Farm and FM 518, will impact this project. Interim City Manager, Alan Mueller, answered stating the Traffic Study will factor into the project but the Wal-Mart Traffic Impact Analysis has been completed and turned in but needs additional work, however, the data will be available to the City's consultants once they begin. Councilmember Owens asked Ron Bavarian, of Walsh, Freese and Nichols, since his company will also be doing the work on Pearland Parkway at the same time, does he have enough staff to cover both projects. Mr. Bavarian stated Pearland Parkway is approximately 85% - 90% complete. He further stated there may be a labor overlap but there should be no problem. Councilmember Marcott asked Mr. Bavarian if Pearland Parkway was on schedule. Page 7 of 18 - 04/9/2001 144 Mr. Bavarian stated it is only slightly behind schedule due to environmental issues that needed to be resolved. Discussion ensued between Interim City Manager, Alan Mueller, Councilmembers and Ron Bavarian regarding the widening of Dixie Farm Road. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION - RESOLUTION NO. R2001-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING A GENERAL WARRANTY DEED FROM SOUTHWESTERN BELL TELEPHONE. Mr. Alan Mueller, interim City Manager. Councilmember Owens made the motion, seconded by Councilmember Marcott, to table Resolution No, R2001-49 for consideration on a future agenda. Interim City Manager, Alan Mueller, stated when the developers of Green Tee developed the subdivision in the 1970's they retained ownership of a portion at the end of stub -out streets. As development has occurred over the years third parties have since bought the rights to these portions of properties and dedicated them to the City of Pearland for 'road right-of-way. Southwestern Bell, who identified a need in this area for an additional communications building, needs access to this proposed building which can only be accessed through the dead end of Golfcrest Drive. Mr. Mueller stated Southwestern Bell bought the rights to this property from current owners and filed a General Warranty Deed. Southwestern Bell representative, Peter Thompson, 14575 Presidio Square, addressed Council and stated the owner of this property, Mr. Alexander, deeded this property to the City of Pearland. Southwestern Bell retained an easement over the southern half of this property and will give it up upon dedication. Councilmember Owens stated his concern about opening Golfcrest Drive is that it would open up the road for access to other areas for possible development. He further stated since the City would be responsible for upkeep and maintenance he would like to know what benefit this is to the City. Page 8 of 18 - 04/9/2001 145 Mr. Thompson stated the benefit would be that the City would be able to control this property with no cost to the City. Councilmember Owens stated he did not want to encourage further access to Green Tee and would like to table this issue for a later date so there can be further discussion on this issue. Voting "Aye" Councilmembers Owens, Seeger, and Marcott. Voting "No" Councilmember Wilkins. Motion Passed 3 to 1, with Councilmember Beckman absent. FIRST READING OF ORDINANCE NO. 1007 -AN ORDINANCE OFTHE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 18 OF 41.1493 ACRES OF LAND. Mr. Darrin Coker, City Attorney. Councilmember Wilkins made the motion, seconded by Councilmember Marcott, to approve Ordinance No. 1007 on its first reading. Interim City Manager, Alan Mueller, stated this is an in -city MUD generally composed of properties being developed by West Development Company. There are 3 tracts, adjacent to existing developments from West Development, they are requesting to be annexed into the in -city MUD. Voting "Aye" Councilmembers Owens, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent FIRST READING OF ORDINANCE NO. 1008 -AN ORDINANCE OFTHE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 OF 159.335 ACRES OF LAND. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Seeger, to approve Ordinance No. 1008 on its first reading. Page 9 of 18 - 04/9/2001 146 Interim City Manager, Alan Mueller, stated this is a City of Pearland Extraterritorial Jurisdiction M.U.D. that is near the intersection of FM 518 and State Highway 288 south of County Road 59 which would be in Manvel's Extraterritorial Jurisdiction. Manvel has approved this annexation into the M.U.D. and are asking for the City of Pearland's approval. Discussion ensued between Council and the City Attorney regarding this annexation of M.U.D. No. 6. Voting "Aye" Councilmembers Owens, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. FIRST AND ONLY READING OF ORDINANCE NO. 1009 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING PROCEDURES NECESSARYTO PROPERLY IMPLEMENT AND ENFORCE THE CITY OF PEARLAND'S DROUGHT CONTINGENCY PLAN; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION, AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO PROMOTE CONSERVATION OF THE POTABLE WATER SUPPLY INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Alan Mueller, Interim City Manager. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Marcott, to approve Ordinance No. 1009 on its first and only reading. Interim City Manager, Alan Mueller, stated this plan is based on a model that is produced by the State of Texas. Voluntary water conservation measures would kick in when the City reaches a certain water capacity, which is spelled out in the plan. Councilmember Owens stated he would like to know how the public would be notified of this plan. Interim City Manager, Alan Mueller, stated the public would be notified by putting stuffers in resident's utility bills, post on the City's website and cable channel. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, and Owens. Page 10 of 18 - 04/9/2001 Voting "No" None. 1 .4 7 Motion Passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION - RESOLUTION NO. R2001-51 - A RESOLUTION OF THE CITY COUNCIL OFTHE CITYOF PEARLAND, TEXAS, DESIGNATING OFFICIALS AS BEING RESPONSIBLE FOR THE CITY OF PEARLAND ("APPLICANT") IN DEALING WITH TEXAS PARKS & WILDLIFE ("TPW"), FOR THE PURPOSE OF PARTICIPATING IN THE TEXAS RECREATION AND PARKS ACCOUNT SMALL GRANTS PROGRAM (HEREINAFTER CALLED THE "PROGRAM"); CERTIFYING THAT APPLICANT IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT THE APPLICANT'S MATCHING SHARE IS READILY AVAILABLE; AND DEDICATING THE PROPOSED SITE FOR PERMANENT (OR FOR THE TERM OF THE LEASE FOR LEASED PROPERTY) PUBLIC PARK AND RECREATIONAL USES. Mr. Ed Hersh, Director of Parks and Recreation. Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2001-51. Interim City Manager, Alan Mueller, reported Council accepted the dedication of property in the Pine Hollow subdivision last month for City Park property. The City is in the process of applying for a grant from Texas Parks & Wildlife to receive partial funding to develop this park. Voting "Aye" Councilmembers Owens, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. FIRST READING OF ORDINANCE NO. 509-G - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND (ORDINANCE NO. 509), AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, BY ADDING NEW SUBSECTIONS TO REGULATE LAND USE WITHIN THE CITY LIMITS OF PEARLAND; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Tobin Maples, Manager of Administrative Support. Page 11 of 18 - 04/9/2001 t48 Councilmember Wilkins made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-G on its first reading. Interim City Manager, Alan Mueller, stated there has been Public Hearings as well as several Workshops to discuss this item and has also been discussed in the previous Planning Commission meeting. The Planning Commission decided to table this item because there were issues raised, as items they would like to consider, which are new, that are unrelated to the changes on the table. The Planning Commission would like to meet and workshop with Council to discuss the new items. Mayor Tom Reid suggested Council workshop the new items with the Planning Commission in the future but stated that he felt some of the other items needed to get on the books. Further discussion ensued between Council and Interim City Manager, Alan Mueller, regarding the amendments of this Ordinance. Councilmember Marcott made the motion, seconded by Councilmember Owens, to amend the original motion to include Option No. 1 regarding concrete batching plants, as discussed. Mayor Reid called for a vote on the amendment. Voting "Aye" Councilmembers Marcott, and Owens. Voting "No" Councilmembers Seeger and Wilkins. In order to break a tie vote, Mayor Reid cast his vote. Voting "Aye" Mayor Reid. Motion Passed 3 to 2, with Councilmember Beckman absent. Diane Leaverton, 2310 Buckholt, addressed Council and stated she has a memo dated April 4, 2001 that the Planning and Zoning Commission put together. The title of the memo is Recommendation to the City Council on the Amendments to the Land Use and Urban Development Ordinance". Ms. Leaverton read the memo, in summary, that Randy Patro with Planning and Zoning recommended the proposed amendments be tabled until they could workshop with City Council. She agrees with P & Z's recommendation to table this Page 12 of 18 - 04/9/2001 149 item until a Workshop can take place between City Council and Planning and Zoning Commission. Councilmember Wilkins and Mayor Pro -Tem Seeger stated their support of Planning and Zoning's recommendation to table this item. Councilmember Owens responded by stating this issue has been in the works for 13 months and been discussed in Workshops and Council Meetings and feels there should be some action on it. Lengthy discussion ensued between Councilmembers regarding this item. Mayor Reid called for a vote on the original motion to approve Ordinance No. 509G, including the amendment to include Option 1 regarding concrete batching plants. Voting "Aye" Councilmembers Marcott, and Owens. Voting "No" Councilmembers Seeger and Wilkins. In order to break a tie vote, Mayor Reid cast his vote. Voting "Aye" Mayor Reid. Motion Passed 3 to 2, with Councilmember Beckman absent. FIRST READING OF ORDINANCE NO. 509-483 - 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 9.469 ACRES OF LAND SITUATED IN THE EAST 1/20F THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 15, H. T.& B. R. R. CO. SURVEY, A-241, BRAZORIA CO., TX (APPLICATION NO. 934) (6614 BROADWAY STREET) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT — SPECIFIC USE (C -S) WITH SPECIFIC USE PERMITS FOR A CONTRACTORS STORAGE OR EQUIPMENT YARD, HEAVY MACHINERY SALES\STORAGE & REPAIR, STORAGE AND MINI -WAREHOUSE, WELDING OR MACHINE SHOP, PIPE STORAGE YARD, PIPE PROCESSING, AND CONCRETE BATCHING OPERATIONS & STORAGE OF ASSOCIATED PROCESSING MATERIAL RESTRICTED TO THREE (3) YARDS OR LESS PER BATCH; AT THE REQUEST OF ORLEN W. & MICHAEL P. O'DAY, OWNERS, PROVIDING FOR AN Page 13 of 18 - 04/9/2001 159 AMENDMENT OFTHE 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 Councilmember Marcott, to approve Ordinance No. 509-483 (Application No. 934) with the amendment to restrict the material to 1 Y2 yards per batch, or less, on its first reading. Interim City Manager, Alan Mueller, stated the Specific Use Permit refers to 3 cubic yards, based on the amendment to the previous ordinance limiting commercial uses to 1 1/2 this permit would need to be limited to 1 1/2 yards to comply. Mike O'Day, 6213 Dublin Lane, addressed Council and stated his company is the applicant for this ordinance. He further stated that at the time of application Council requested they work with City Staff so they could come up with something more amenable to Council and the City. He reported that his company needs this zone change to remain competitive in the market. Orlen "Pat" O'Day, 14405 Garden Road, addressed Council and stated his company originally applied for a change to M-2 and Council wanted him to amend that. He further stated the individual that is most resistant to this change has been invited to come look at the property being discussed and has yet to come out and look. He further stated he would appreciate Council passing this zone change. Suzanne O'Day Elliott, 1812 Washington Irving, addressed Council and stated she is co- owner of O'Day Drilling Supply. She further stated this zone change application process began approximately a year ago and they amended it to accommodate Council's concerns. Her family began O'Day Drilling in 1912 and are the oldest business in Pearland. She stated all around them are M-1 zoning areas and they feel singled out since Council objected to their zone change request. She stated none of the neighbors around the business have come to Council and objected to this zone change. They run a nice, clean business and stated there are no silos, storage or anything of the kind that they will put in this area. She stated she would like for Council to accept this zone change. Diane Leaverton, 2310 Buckholt, addressed Council and stated she is opposed to this zone change due to the heavy equipment and machinery that will be in view and this business being on a major thoroughfare, FM 518. She stated no matter how clean the business is it will still not be attractive. Page 14 of 18 - 04/9/2001 l p Mike O'Day addressed Council, per the Mayor's request, and described exactly what kind of operation this would be. He stated the concrete will be mixed as the cement truck is driving down the road. It will not be mixed on-site. On-site there will be bags of cement to be mixed but no open rock piles, sand piles or cement piles. Mayor Pro -Tem Seeger stated this procedure is not written in the Specific Use application so the discussion is a moot point since there is nothing in the zone change application saying how they will store or load the cement. Mike O'Day addressed Mayor Pro -Tem Seeger and stated he had left messages for Mayor Pro -Tem Seeger to call him if he had any questions and to come out and look at this property and stated he had never heard back from him. He further stated he would like to know why Mayor Pro -Tem Seeger had not called him if he had questions instead of these questions coming up in the meeting. Mayor Pro -Tem Seeger stated he had returned all of Mr. O'Day's calls and gone out to look at similar properties and educated himself on this subject. He stated he would like for the procedure, how O'Day will load and store the material, spelled out in writing instead of assuming it would be done as Mr. O'Day stated. Mayor Reid consulted with City Attorney, Darrin Coker, and asked if other conditions, besides only allowing 1 1/2 yards or less batch, could be included in this application. City Attorney, Darrin Coker, answered saying the City could define whatever they wanted in this ordinance since it was for a Specific Use Permit. This is what a Specific Use Permit is designed for. Councilmember Wilkins asked Mr. O'Day if this procedure is something they were currently doing and was he happy with 1 1/2yards instead of 3 yards. Mr. O'Day stated he was okay with the 11/2 yards. He further stated in the Land Use Ordinance Book it states, in the Specific Use portion, that if the City decides that something a business is doing is hazardous to the environment (noise, pollution, dust, etc.) the City can shut that business down. Interim City Manager, Alan Mueller, stated if a business created a nuisance the City would follow it up under the General Nuisance Ordinance. Further discussion ensued between Council and Mike O'Day regarding this zone change application. Page 15 of 18 - 04/9/2001 152 Voting "Aye" Councilmembers Wilkins, Marcott, and Owens. Voting "No" Councilmember Seeger. Motion Passed 3 to 1, with Councilmember Beckman absent. OTHER BUSINESS: Mayor Reid called a brief recess at 9:30 p.m. Mayor Reid called the meeting back to order at 9:42 p.m. Council adjourned into Executive Session under Texas Government Code at 9:45 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 - CONSULTING WITH CITY ATTORNEY REGARDING LEGAL MATTERS SUBJECT TO ATTORNEY-CLIENT PRIVILEGE. Mr. Darrin Coker, City Attorney. 2. SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. City Council. 3. SECTION 551.074 - PERSONNEL MATTERS: REGARDING THE APPOINTMENT OR REAPPOINTMENT OF INDIVIDUALS TO SERVE ON THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION BOARD. City Council. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:13 p.m. COUNCIL ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING LEGAL MATTERS SUBJECT TO ATTORNEY-CLIENT PRIVILEGE. Mr. Darrin Coker, City Attorney. No Council action taken. Page 16 of 18 - 04/9/2001 153 COUNCIL ACTION -DIRECTION TO STAFF REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. City Council. No Council action taken. COUNCIL ACTION - REGARDING APPOINTMENTS OR REAPPOINTMENTS OF INDIVIDUALS TO SERVE ON THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION BOARD. City Council. Councilmember Wilkins made the motion, seconded by Councilmember Marcott, to appoint Lucy Stevener to the unexpired term of Mr. Calvin Collier ending May 1, 2001, and reappointing Ms. Stevener to serve a 2 -year term expiring May 1, 2003 on the Pearland Economic Development Corporation Board. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. Councilmember Wilkins made the motion, seconded by Councilmember Marcott, to reappoint Bill Chase, Randall Ferguson, and Charlie Phillip to serve a 2 -year term ending May 1, 2003 on the Pearland Economic Development Corporation Board. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. ADJOURNMENT: Meeting was adjourned at 11:15 p.m. Page 17 of 18 - 04/9/2001