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2001-04-23 CITY COUNCIL REGULAR MEETING MINUTES155 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 23, 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 Interim City Manager Alan Mueller City Attorney Darrin Coker City Secretary Young Lorfing Absent: Councilmember Larry Wilkins. Others in attendance: Manager of Administrative Support Tobin Maples; City Engineer John Hargrove; Executive Director P.E.D.C. Mike Chance; Police Chief J.C. Doyle; Project Manager Allen Hague; Fire Chief Paul Jamison; Purchasing Officer Gordon Island; Grants Coordinator Chris Kidwell; Director of Administrative Services Mary Hickling; Public Works Director Jerry Burns; Executive Secretary Perla Lehman; Administrative Clerk Amanda Martinez. The invocation was given by Reverend Joel Gutierrez and the Pledge of Allegiance was led by Brazoria Drainage District No. 4 Commissioner, Roger Davis. MAYOR'S ACTIVITY REPORT: Mayor Reid reported he would like to pay respect to Stella Roberts who passed away Saturday Mayor Reid stated she was a fine citizen who served as a City Councilmember, member of Pearland Economic Development Board of Directors and numerous other organizations. Mayor Reid also introduced Roger Davis, Brazoria Drainage District No. 4 Commissioner, who he asked to speak before Council. Mr. Davis reported he is encouraged at the significant progress the City and Drainage District have been making for a more effective flood program for Pearland and vicinity, despite the rapid growth taking place in Pearland. He stated he wanted to express his Page 1 of 24 - 04/23/2001 156 appreciation to City Staff members and specifically wanted to compliment Interim City Manager, Alan Mueller, City Engineer, John Hargrove and their support Staff for all of their work making Pearland a better community. Mayor Reid introduced Administrative Clerk, Amanda Martinez from Pearland City Secretary's office and Pearland High School V.O.E. student, who read a letter of submission she wrote to nominate City Secretary Young Lorfing for the V.O.E. program's Employer of the Year. City Secretary Young Lorfing was nominated and won the Employer of the Year award which was presented to him at a banquet for employers and V.O.E. students. City Secretary Young Lorfing expressed his appreciation to Ms. Martinez for nominating him for this honor and also for the hard work she does for the City Secretary's office and thanked her for this recognition. Mayor Reid stated he was particularly proud of the City Secretary's office for their professionalism and dedication to their work. Interim City Manager, Alan Mueller, reported there are 40 employers involved in the V.O.E. program and stated Mr. Lorfing and the City of Pearland were singled out for this recognition. Mayor Reid asked Councilmember candidates who were in the audience to stand and introduce themselves. Position 1 candidates Mark McDonough and Ray Bacon and Position 5 candidates Mayor Pro -Tem Klaus Seeger and Jeff Koza were present and introduced themselves. Mayor Reid introduced the incoming City Manager, Bill Eisen, who was in the audience and will begin his employment with the City of Pearland on April 30, 2001. Mayor Reid requested that Councilmembers forgo their reports due to the volume of citizens requesting to speak at tonight's meeting. He asked Councilmembers to submit their reports in writing to the City Secretary's office for inclusion in the minutes from this current meeting. Mayor Reid reported on April 10 he met with Dr. Gene Moore of March of Faith Baptist Church and April 11 attended the Houston Area Mayors Prayer Breakfast as well as the Adult Reading Board of Director's Meeting; April 12 he attended a City/School Meeting; April 16 - 19 the Mayor attended a TML Risk Pool Board of Director's Meeting; April 20 he Page 2 of 24 - 04/23/2001 15'7 attended a Transportation Policy Council Board of Director's Meeting and April 23 attended the Tri -County School -to -Career Partnership Meeting. COUNCIL ACTIVITY REPORTS: Councilmember Beckman reported she attended an Economic Development Corporation Meeting on April 16; April 18 she attended a BCCA Meeting at Quintana; April 19 she attended the Economic Development Corporation Industrial Brokers Day; April 21 attended the Household Hazardous Materials Collection Day. Councilmember Owens reported he opened up dialogue a couple of weeks ago about some opportunities of the City Council race and attended the first West Lea discussions and heard good comments from City Council candidates. He further stated he was concerned by a particular ad in the local paper that reported comments he had made at the previous City Council meeting that said he voted against Impact Fees. He stated that he did vote against it because it would have doubled Impact Fees for the upcoming year and further stated the reason for his negative vote was because he felt it should be raised in increments over a three year period. He reported he did not vote to eliminate Impact Fees but to not double it all at one time. He stated he has been labeled as the apartment builder and complex builder for a number of years and stated this is not the sense of this whatsoever. He stated there are only three properties in the City that are zoned for multi- family that apartments could be built on. One of the complaints against building apartment dwellings are that apartment residents do not pay their share of property taxes. He reported out of the current budget it shows, out of the top ten taxpayers of property tax, number six is Whispering Winds Apartments with a value of $6.1 million dollars in property tax. Number seven is Texas Windmill Apartments with a value of $6.1 million in property tax and number eight is Continental 34 Fund Ltd. with $6.1 million in property tax valuation. He further reported there is Senate Bill 243 and House Bill 1199 being considered by state lawmakers to help do away with Impact Fees. It passed the Senate the previous week and is being watched by TML. He reported on an ad in the newspaper from March 9, 1998 by Mayor Pro -Tem Seeger dated March 9, 1998 that stated Impact Fees are now levied on all new homes and schools being built in Pearland and thus affecting newcomers and the current residents who want to move in a new home. He stated this ad sounds like someone who is against Impact Fees. Mayor Pro -Tem Seeger stated that campaigning needs to be kept out of this forum. He reported the previous statements about apartments are misleading since the overall value of apartments is not the cost of the building the property manages but the cost of the individual unit the family lives in. This is what the school looks at when making their valuation. Page 3 of 24 - 04/23/2001 158 Councilmember Marcott stated he had nothing to report. Councilmember Wilkins was absent. CITY MANAGER'S REPORT: Interim City Manager, Alan Mueller, reported there was a posting problem on Agenda Item 13 and will not be discussed at the meeting tonight. He stated there will be a Public Hearing the Southeast Texas Housing Finance Corporation will be holding in Council Chambers May 14, 2001 at 1:30 p.m. regarding Oakbridge Apartments financing for this project. This was originally scheduled for May 7 and has been moved to May 14. In addition, Council will hold a Workshop on April 30 regarding Bond Projects and EDC Targeted Marketing Analysis. CITIZENS: Meta Kirby, 17020 Berry Road, addressed Council and stated she was speaking against the removal of trees by a developer on Bailey Road. She stated the trees have been there since she has lived in this area which is approximately 30 years. She spoke to Parks and Recreation Director, Ed Hersh who was very helpful. Mr. Hersh contacted Parks Superintendent, Greg Reynolds who then went out to this site on Bailey Road to see if there was a violation of the City of Pearland's tree ordinance. She reported that Mr. Reynolds said there were 4 baby Oak trees torn down which was a violation of the tree ordinance. She further stated she is concerned about the wildlife in the area whose habitat was destroyed. She stated she was upset that, had she not had help from Dennis Bonnen, Darrin Coker and Mayor Pro -Tem Klaus Seeger, no one would have known about the destruction of these trees. The tree ordinance is a great tool for the City and the City should make every effort to enforce it. If there is not enough manpower she suggests they call on the citizens to help enforce this ordinance, She spoke to the developer who stated he would replace the trees torn down with 4 Live Oak trees. Charles McMurrey, 5209 Spring Branch Drive, addressed Council and reported later in the agenda there would be a discussion on 2 Land Use Ordinances and further stated the average citizen does not know the terms used in Zoning Change Ordinances. He stated the Specific Use Permit for O'Day needs to be approved since Mr. O'Day keeps a clean business but the Specific Use Permit needs to be more specific. DOCKETED PUBLIC HEARING: None. CONSENT AGENDA: Page 4 of 24 - 04/23/2001 159 A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the April 2, 2001, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the April 9, 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 APRIL 9, 2001. City Council. C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 1007 - AN ORDINANCE OF THE 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. D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 1008 - AN ORDINANCE OF THE 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. E. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 3AUTHORIZING THE ISSUANCE OF $3,400,000 WATERWORKS AND SEWER COMBINATION UNLIMITEDTAXAND REVENUE BONDS, SERIES 2001. Mr. Darrin Coker, City Attorney. F. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-57 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE SALE OF TRACT 7A, BLOCK 1, ABSTRACT 0237, H.T. & B.R.R. CO. SURVEY, FOR THE BID AMOUNT OF $7,000.00. Mr. Darrin Coker, City Attorney. G. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING TIMES AND DATES FOR MAY 2001. Mr. Darrin Coker, City Attorney. Page 5 of 24 - 04/23/2001 160 Councilmember Beckman made the motion, seconded by Councilmember Owens, to adopt Consent Agenda Items A through G, as presented on the Consent Agenda. Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. MATTERS REMOVED FROM CONSENT AGENDA: None. NEW BUSINESS: SECOND AND FINAL READING OF ORDINANCE NO. 509-G -AN ORDINANCE OFTHE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OFTHE 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. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Seeger, to approve Ordinance No. 509-G on its second and final reading. Interim City Manager, Alan Mueller, stated the only change from the first reading at the previous Council Meeting was the inclusion of an amendment to separate out the concrete batching plants into two separate lines. Emma Vaughan, 2005 Cullen Boulevard, addressed Council and stated she would like Council to consider the hustle and bustle of holidays when having a first reading for something major affecting homeowners. She stated she missed the first reading because of the busyness of the Easter holidays. She further stated that Council should make the Specific Use Permit more specific and believes the wording is too broad. Peggy Mullins, 1319 Crystal Lake Circle East, addressed Council and stated she is against concrete batching operations and other industrial type activities such as chemical plants. She further stated Pearland needs `clean" businesses and this ordinance should be stiffened rather than relaxed. Page 6 of 24 - 04/23/2001 161 Mike Leaverton, 2310 Buckholt, addressed Council and stated the concrete issue should be presented as a separate item from this ordinance and then go ahead and pass this ordinance. Susan Dieterich, 2225 Hawk Meadows Drive, addressed Council and stated the City should stick with the Planning and Zoning Commission's recommendations for the Master Plan and not have to consider every special request to change the Plan. She stated she is opposed to concrete batching being allowed in the C (Commercial) zoning district and it sets a bad precedent. She stated that the City should stick with the Master Plan already set out. Mark McDonough, 2705 West Oaks Boulevard, addressed Council and stated zoning's original intent was to protect Pearland residents from businesses that would be hazardous to them. He further stated citizens don't know enough about concrete batching to know how it will effect their health and the City should stick with the Zoning Plan already in place and not change it to suit a particular business requesting a change. John M. Watts, 1502 Silver Maple Lane, addressed Council and stated he is opposed to the zone change and feels the City should stick with the zoning plan already in place. Mayor Pro -Tem Seeger stated the only thing this zoning change prevents is the amount of concrete hauled off being limited to 1 1/2 yards or less, or 6000 pounds, and what is being used to haul the concrete off. It does not specify the amount being stored onsite or the amount being made. He further stated this is totally inappropriate for the particular zoning already in place. The Mayor requested City Attorney, Darrin Coker, explain exactly what a specific use permit allows. Mr. Coker explained that a specific use permit can be as restrictive as Council wants it to be, within reasonable limits. Mayor Pro -Tem Seeger stated his concern about the concrete batching plant was the appropriateness of the location and its effect on the development of the surrounding neighborhoods. Councilmember Owens added that he looked at a similar facility in the area which is surrounded by a library, bed and breakfast and a residential area, that did the same type batching without any problems. Page 7 of 24 - 04/23/2001 162 1 Councilmember Beckman stated with the small amount of concrete being made she feels there is no cause for alarm as far as this business being a polluter. Councilmember Marcott stated this issue has been ongoing for more than a year and several Workshops have been held on this issue and feels Council should make a decision and move on. He called for a question on this motion. Voting "Aye" Councilmembers Beckman, Owens and Marcott. Voting "No" Mayor Pro -Tem Seeger. Motion Passed 3 to 1 with Councilmember Wilkins absent. SECOND AND FINAL 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 ONE AND ONE-HALF (11/2) YARDS OR LESS PER BATCH; AT THE REQUEST OF ORLEN W. & MICHAEL P. O'DAY, 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, Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-483 (Application No. 934) on its second and final reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 934. Page 8 of 24 - 04/23/2001 163 Interim City Manager, Alan Mueller, stated this was amended at the previous Council meeting from 2 yards to 1 1h yards. - Jose G. Flores III, 2841 Morenci Street, addressed Council and stated he is opposed to this batching plant being in his backyard. Juan Vega, 2750 Morenci Street, addressed Council and stated he would like to know more about the proposed batching plant and the health hazards it could pose. Emma Vaughn, 2005 Cullen Boulevard, from the audience, stated it would not do her any good to speak. Diane Leaverton, 2310 Buckholt, addressed Council and stated she is opposed to this request due to residents located on both sides of this property, the raw materials being used and the additional truck and trailer traffic it would generate on FM 518. Brandon Smith, 2722 West Oaks Boulevard, addressed Council and stated he is opposed to this facility due to the raw materials that will need to be stored. He stated he is concerned about dust blowing around this facility and it being a health hazard. Sandra Mader, 2720 West Oaks Boulevard, addressed Council and stated she lives near the area where the batching plant is being proposed and is also opposed to it being built. She stated Council should not spend the time going to other cities to investigate prospective businesses without coming to the citizens of Pearland first and asking for their input. Frank D. Sanders, 903 Norfolk Drive, addressed Council and stated he is in favor of this proposed business due to the convenience of the business and because this is a well- established, responsible Pearland business and would not have a business that was a detriment to the City. Elizabeth Melinder, 2911 Abbeyfield Drive, addressed Council and stated she has the utmost respect for the O'Day family and wants to see them flourish and thrive but she is opposed to this proposed concrete batching plant due to the nearby residential area. She reported she went into O'Day's Hardware recently and was asked, by the clerk working at the counter, to sign a petition to present to City Council because Council was trying to zone all of FM 518 residential and that Pearland City Council was trying to put them out of business. She then asked the clerk if this was regarding O'Day's request for a zoning change for their proposed concrete batching plant and the clerk stated that had already been approved by Council and that this was about Council trying to zone O'Day's Page 9 of 24 - 04/23/2001 164 Hardware Store residential. Ms. Melinder reported these statements were misleading to other residents in the store who were signing the petition based on what the clerk stated. John Matejek, 4903 Plum, addressed Council and stated he is in favor of the proposed concrete batching plant. He stated he believes storage of the materials would not be hazardous to nearby residents. Orlon O'Day, 2401 Garden Road, addressed Council and stated he was at this meeting to present letters and a petition with 324 resident's signatures in favor of the proposed zone change. He stated this issue was explained to residents before they signed the petition. He reported he has lived in Pearland for seventy four years and his business was there before most of the other buildings in the area were. He stated he loves this City and wants to continue to thrive in this area. Susan Dieterich, 2225 Hawk Meadows, addressed Council and stated she is opposed to this zone change since the zoning is already in place for this area. The only arguments she has heard favoring this zone change is for the convenience of homeowners having a concrete batching plant if they want to build a sidewalk or some other small concrete project. She stated this is not enough reason to change zoning already in place. Bert L. Jones 111,2538 O'Day Drive, addressed Council and stated he is in favor of the proposed batching plant and feels that this company should not be penalized for trying to grow and expand in the Pearland community just as the community is doing. Suzanne O'Day Elliott, 1812 Washington Irving, addressed Council and stated she is co- owner of O'Day Rental and Supply. She further stated they run a clean business and currently already rent cement mixers, store cement products and will continue to run the business with the same consideration they always have fortheir neighbors, community and the environment. Edward Montalvo, 6402 Stillwater Drive, addressed Council and stated he is in favor of the proposed zone change. He lives in West Oaks subdivision near the proposed site and enjoys the convenience of O'Day Hardware and shops in Pearland businesses whenever possible. He feels the City should support established businesses in whatever way they can. Doug Tindall, 4143 South Webber Drive, addressed Council and stated he is in favor of the proposed zone change. He stated since this is a nice clean business and a benefit to the City they should give them their full support in this zone change. Page 10 of 24 - 04/23/2001 165 Stephanie Edwards, 1821 Garden Road, addressed Council and stated she lives near the proposed business and is in favor of the zoning change. She also stated O'Day's is a clean business and is beneficial to the City of Pearland. Jerry Koza, 3201 Nottingham, addressed Council and stated he feels since this proposed business would get large cement trucks off the streets and cause less wear and tear on the roads. He added that this issue has been ongoing and should be resolved as soon as possible. David Courtney, 3829 Meadowlark Way, addressed Council and stated he is a contractor in this area and a father whose children go to elementary school near the proposed site. He stated he feels he is uniquely qualified to offer an opinion on this matter and is in favor of the proposed zone change. He reported the O'Day's, as a business, are good stewards and have kept their facility clean, kept up with their property, stored the products they sell properly and would not have a business that would harm the City of Pearland where they have lived for many years. Charles Vatterott, 2117 Roland Rue, addressed Council and stated he is a business owner in Pearland and is in favor of the proposed zone change. He reported if residents were educated about what this business is they would not be as opposed. He further stated the O'Day's are good neighbors, good people and have been a benefit to the City of Pearland. Tom Amundsen, 2625 Miller Ranch Road, addressed Council and stated he is a small business owner in Pearland and is in favor of the proposed zone change. This is the type of business O'Day's have been doing for years before the City annexed them. Gilbert Allison, 1855 Cullen Road, addressed Council and stated he is in favor of the proposed zone change. He reported that he brings these types of machines with concrete into Pearland from South Houston and feels that Pearland should not limit O'Day's from competing with these businesses. Reverend B.V. Barnett, 5402 Ryan Acres, addressed Council and stated he is in favor of the proposed zone change. He reported he admires the O'Day's who, in his opinion, work very diligently to make sure their customers receive personal service. John L. Cole, 3520 East Circle, addressed Council and stated he is in favor of the proposed zone change. He stated he believes the O'Day's have deep roots in Pearland and they care what happens to their community. Page 11 of 24 - 04/23/2001 166 Mike O'Day, 6213 Dublin, addressed Council and reported he is part owner in O'Day Rental Supply and assured the previous speakers who spoke against this zone change that his company would do everything in their power to address their concerns. He stated this plant would be an asset to the community and his company would not build it if they thought it would decrease property values since he and his family also live near the proposed plant. Wayne Stahlheber, 5706 Broadway, addressed Council and stated this has been ongoing for 9 months and should be resolved soon, in O'Day's favor, since they had met with City of Pearland's staff and their proposal and zone change application was done exactly how Council requested they do it. Cduncilmember Beckman stated she would like to know how the O'Day's plan on storing the items that would be mixed and how much. Mr. O'Day stated the cement would be stored inside a warehouse. Mayor Pro -Tem Seeger stated the City should stick with the Comprehensive Plan already in place for zoning. Councilmember Owens reported he sees no problem with the zone change and had received approximately thirty e-mails that stated zone changing is going unchecked and that no one from the City was going out and checking the zoning and planning or checking businesses. He further reported that City of Pearland employees do go out and check these things. Mayor Reid stated the City of Pearland Staff who do the inspections do their job and do it well. Voting "Aye" Councilmembers Marcott, Owens, and Beckman. Voting "No" Mayor Pro -Tem Seeger. Motion Passed 3 to 1, with Councilmember Wilkins absent. Mayor Reid called a brief recess at 9:25 p.m. Council reconvened at 9:40 p.m. Mayor Reid, with concurrence of Council, moved to New Business Item No. 4. Page 12 of 24 - 04/23/2001 167 COUNCIL ACTION —APPOINTMENTS TO THE BOARD OF DIRECTORS OF THE HEALTH FACILITIES DEVELOPMENT CORPORATION. Mr. DarrinCoker, CityAttorney. Councilmember Marcott made the motion, seconded by Councilmember Owens, to appoint Kathy Lund , Reverend Joel Gutierrez and Harold Gentry to serve on the Health Facilities Development Corporation. Mayor Reid reported that City Attorney, Darrin Coker, would be the Staff Liaison for Health Facilities Development Corporation Board of Directors. Councilmember Marcott stated this is an important first step in the proposed Hospital facility being built in Pearland. Councilmember Owens reported he spoke with some of the builders and architects for this project and stated it will be a state-of-the-art facility with six to seven floors. St. Luke's and Methodist Hospital have made contact with an interest in possible management of the new facility. There will be a jogging track, olympic size pool and possibly a Luby's or Picadilly Cafeteria. Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott. Voting "No" None. Motion Passed 4 to 0 with Councilmember Wilkins absent. Mayor Reid, with concurrence of Council, moved to New Business Item No. 9. COUNCIL ACTION - ACCEPTANCE OF MASTER CONCEPT PLAN FOR THE SOUTHWEST ENVIRONMENTAL CENTER. Mr. Ed Hersh, Parks and Recreation Director. Councilmember Beckman made the motion, seconded by Councilmember Owens, to accept the Master Concept Plan for the Southwest Environmental Center. Interim City Manager, Alan Mueller, stated this item is needed to get the official endorsement of plans for this facility by City Council so they may apply for grants and funding. Page 13 of 24 - 04/23/2001 168 Executive Director of Keep Pearland Beautiful, Delores Fenwick, urged Council to accept this plan. There will be wetlands and environmental education, a recycle center and this is a great concept for an environmental center. Councilmember Beckman stated she is enthused about this concept and hopes grant and funding.goes through and this facility is built as quickly as possible. Mayor Reid stated they took tours of different facilities in other cities and the facility proposed for Pearland is even nicer than those. Councilmember Owens suggested they name some portion of the recycling facility after Stella Roberts, who recently passed away, since she was active in making this facility possible. Parks and Recreation Director, Ed Hersh, addressed Council and gave a presentation of the proposed recycling facility and its benefits to the City of Pearland. Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott. Voting "No" None. Motion passed 4 to 0, with Councilmember Wilkins absent. Mayor Reid, with concurrence of Council, moved back to New Business Item No. 3. SECOND AND FINAL 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 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, Managerof Administrative Support. CounciImember Marcott made the motion, seconded byCouncilmember Beckman, totable Ordinance No. 1002. Interim City Manager, Alan Mueller, stated it was staff's recommendation to table this annexation ordinance and not move forward at this time. Page 14 of 24 - 04/23/2001 169 Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. Mayor Reid, with concurrence of Council, moved back to unfinished New Business. COUNCIL ACTION - RATIFICATION OF THE CITY MANAGER'S REAPPOINTMENT OF ONE (1) MEMBER TO THE CIVIL SERVICE COMMISSION. Mr. Alan Mueller, Interim City Manager. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Marcott, to ratify the City Manager's reappointment of Barbara Bamburg to the Civil Service Commission for a term of 3 years for a term ending June 2004. Voting "Aye" Councilmembers Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. COUNCILACTION-MOTION TO REMOVE FROM TABLE RESOLUTION NO. R2001-49. City Council. Councilmember Marcott made the motion, seconded by Councilmember Owens, to remove from the table Resolution No. R2001-49. Voting "Aye" Councilmembers Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins 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. Page 15 of 24 - 04/23/2001 17n Councilmember Marcott made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2001-49 and to authorize Staff to execute a quit claim deed to Southwestern Bell. Interim City Manager, Alan Mueller, stated the general consensus at the previous meeting when this was tabled was that the City did not want to accept this piece of property and the City Attorney has a recommendation how to carry that out. Darrin Coker stated if the Council chooses not to accept the property and again Southwestern Bell, it was actually not being deeded to the City by Southwestern Bell, but by the property owner. The deed was actually filed in the Brazoria County Records so it has actually already been given to the City. They were asking if we accept it. If Council chooses not to accept it what he would recommend, since a deed is already filed at the County, that the City authorize Staff to move forward with the execution of a quit claim deed that we could then file with County records and that quit claim deed would be to Southwestern Bell. The purpose for that is they are the ones who actually paid for it. His recommendation would be that Council authorize Staff to go ahead and quit claim it to Southwestern Bell and that way the City would be granting what interest we have whether it be none or whether we have fee simple interest. We are just conveying what interest we do have. Councilmember Marcott stated he would like to know if Southwestern Bell would be giving access to anyone else to get to this property. City Attorney, Darrin Coker, answered and stated Southwestern Bell would be able to answer this question. Peter Thompson, representative of Southwestern Bell, addressed Council and reported they will seek access, sometime in the future, to the adjacent 6.9 acre property. He further stated Southwestern Bell does not intend to maintain the property in question as a thoroughfare and would most likely not keep the property and consider any reasonable offers from anyone with interest who comes forward. Councilmember Marcott stated he would like to know if the City could put any restrictions on the property before it is deeded back to Southwestern Bell. City Attorney, Darrin Coker, answered saying that we have no interest in the property and are giving Southwestern Bell what interest we do have. The City could not place any restrictions. He further added that he recommends that the Council go ahead and amend the motion authorizing Staff to execute a quit claim deed to Southwestern Bell. Page 16 of 24 - 04/23/2001 171 Mayor Reid stated if Council so desires they could amend the motion to reflect the City Attorney's recommendation to authorize Staff to execute a quit claim deed to Southwestern Bell. Councilmember Marcott stated "I so move." Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. FIRST READING OF ORDINANCE NO. 1010 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A CERTAIN TWENTY FOOT (20') WIDE ACCESS EASEMENT LOCATED ALONG FM 518 AND MORE PARTICULARLY DESCRIBED AS LOT A, BLOCK 1, OF THE GEORGE W. JENKINS SUBDIVISION WITHIN THE CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Beckman made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1010 on its first reading. Interim City Manager, Alan Mueller, stated the recommendation was to abandon this access easement contingent on a similar 20 feet easement being granted back to the City across one edge of the property or the other instead of being in the middle of the property as is currently the case. Councilmember Marcott asked what the intended use of this property will be. Interim City Manager, Alan Mueller, stated this property was currently being sold and was unaware of any particular use as of yet. Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott. Voting "No" None. Motion passed 4 to 0, with Councilmember Wilkins absent. Page 17 of 24 - 04/23/2001 172 FIRST AND ONLY READING ORDINANCE NO. 220-8 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ARTICLE 2, RATESAND CHARGES, OF CHAPTER 30, UTILITIES, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, BY ADDING PROJECTED SERVICE AREAS RELATED TO WATER AND SEWER EXTENSIONS, PRO RATA CHARGES, AND OTHER CHARGES ESTABLISHED; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO FAIRLY DISTRIBUTETHE COST OF EXTENDING WATER AND SEWER LINES WHERE THOSE SERVICES ARE NOT AVAILABLE 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. Councilmember Owens made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 220-8 on its first and only reading. Interim City Manager, Alan Mueller, stated this ordinance is based on an excerpt from the Development Agreement with Shadow Creek Ranch which stipulates the City impose a fee on areas adjacent to Shadow Creek Ranch that could be serviced by facilities being built, developed and funded by TIRZ. Voting "Aye" Councilmembers Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion passed 4 to 0, with Councilmember Wilkins absent. Mayor Reid, with concurrence of Council, moved to New Business Item No. 10. COUNCIL ACTION - RESOLUTION NO. R2001-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING RESOLUTION NO. R2001-51, AND 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 Page 18 of 24 - 04/23/2001 173 THE LEASE FOR LEASED PROPERTY) PUBLIC PARK AND RECREATIONAL USES. Mr. Ed Hersh, Parks and Recreation Director. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2001-56. Interim City Manager, Alan Mueller, stated this item was approved by Council recently but the local cost estimate had changed from $50,000 to $131,000. Parks and Recreation Director, Ed Hersh, reported due to the time Texas Parks and Wildlife required to receive the grant application for this project his department put this together very quickly. When making the presentation to Council recently he used figures from Hyde Park which is similar in size to the proposed park. A couple of days later they received the estimated cost from the consultant which was higher than Hyde Park. Mr. Hersh stated his department had not taken into consideration the cost variations of Hyde Park versus the new park. Hyde Park already had trees and a pavilion in place when their cost estimate was done. He stated they overlooked some of those considerations in their haste to meet the deadline for the application of the $50,000 grant from Texas Parks and Wildlife. Councilmember Marcott asked if Mr. Hersh had a copy of the plan for this park. Mr. Hersh stated he has a copy of the plan but the consultant, Vernon Henry, is in the process of putting together a color concept. He further stated the Homeowner's Association had committed $20,000, in writing, to this project. The next step would be to present the concept plan to the Park Board for their approval. Mayor Reid asked if the cost would be phased over a couple of years as was Hyde Park. Mr. Hersh answered stating this park would be turn -key due to a better price for this time frame and that money was already in place for this project through the Park Dedication Fund. Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. COUNCIL ACTION - RESOLUTION NO. R2001-54 - A RESOLUTION OF THE CITY COUNCILOFTHE CITYOF PEARLAND, TEXAS, APPROVING BID NO. B2001-049 FOR Page 19 of 24 - 04/23/2001 174 THE PURCHASE OF AN AERIAL FIRE APPARATUS TRUCK AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR SAID PURCHASE. Mr. Gordon Island, Purchasing Officer. Councilmember Marcott made the motion, seconded by Councilmember Owens, to approve Resolution No. R2001-54. Interim City Manager, Alan Mueller, stated this bid is for the fire truck only and does not include equipment that goes on the truck which will be ordered at a later date so it's receipt will coincide with the arrival of the truck. Discussion ensued between Council and Pearland Fire Chief, Paul Jamison, regarding coordinating the time frame of delivery of equipment and fire truck and also the additional cost and benefit of a 100 foot ladder as opposed to a 75 foot ladder, which is the size planned. Voting "Aye" Councilmembers Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 4 to 0. COUNCIL ACTION - RESOLUTION NO. R2001-55 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF SBR EQUIPMENT ASSOCIATED WITH THE FAR NORTHWEST WASTEWATER TREATMENT PLANT. Mr. John Hargrove, City Engineer. Councilmember Beckman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2001-55. Interim City Manager, Alan Mueller, stated there was a process evaluation completed by L.A.N. where a comparison was made between five different chemical processes that would be used to treat the waste. L.A.N, recommended the single batch reactor design which is also the same design used at S.W.E.C. The plant needs to be online by January of 2003. Construction of this treatment plant will need to be bid by late summer or early fall of 2001 so as to meet the target date. Further discussion ensued between Council, City Engineer John Hargrove and Interim City Manager Alan Mueller regarding the projected cost, time frame and who will be funding this project until Shadow Creek's Impact Fees repay this debt. Page 20 of 24 - 04/23/2001 175 Voting "Aye" Councilmembers Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. FIRST READING OF ORDINANCE NO. 509-520 - 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 61/2,5 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 SUBURBAN DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-3) ATTHE REQUESTOF 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. This item passed. No Council action taken. FIRST READING OF ORDINANCE NO. 509-521- 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, BLOCK 1, BUENA VIDA SUBDIVISION, H. T. & B. R.R. COMPANY SURVEY, A-240, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 316) (5725 CANTU) FROM CLASSIFICATION SUBURBAN DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-3) AT THE REQUEST OF RAFAEL SALAZARAND GEORGESALAZAR, 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. Councilmember Owens made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 509-521 (Application No. 316) on its first reading. Page 21 of 24 - 04/23/2001 17r, Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 316. Interim City Manager, Alan Mueller, stated this is a change to R-3 for an existing home and is the proper category for this type and size lot. Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. COUNCIL ACTION - FIRST READING OF ORDINANCE NO. 509-522- 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 AND GRANTING A SPECIFIC USE PERMIT FORA MACHINE SHOP AND SPECIFIC USE FOR AN RV/BOAT STORAGE ON THE FOLLOWING PROPERTY, BEING 9.743 ACRES BEING A PART OF LOT 18, ALLISON RICHEY GULF COAST COMPANY SUBDIVISION, F.B. DRAKE SURVEY, H. T. & B. R.R. COMPANY SURVEY NO. 8, A-504, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDS IN VOLUME. 2, PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 977 AND SPECIFIC USE NOS. 91 & 92) (2413 ROY ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT - SPECIFIC USE (C(S)S) AT THE REQUEST OF BOBBY EARL HOPPER 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 Beckman, to approve Ordinance No. 509-522 (Application Nos. 91 & 92) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application Nos. 91 & 92. Voting "Aye" Councilmembers Marcott, Seeger, Owens, and Beckman. Voting "No" None. Page 22 of 24 - 04/23/2001 177' Motion Passed 4 to 0, with Councilmember Wilkins absent. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 10:42 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE SECTION 551.071 -CONSULTING WITH CITY ATTORNEY REGARDING PENDING LITIGATION. Mr. Darrin Coker, City Attorney. 2. SECTION 551.072 -REAL PROPERTY: DISCUSSION REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY LOCATED IN THE CITY OF PEARLAND. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:04 p.m. COUNCIL ACTION - INSTRUCT TO THE CITY ATTORNEY REGARDING PENDING LITIGATION. Mr. Darrin Coker, City Attorney. Councilmember Marcott made the motion, seconded by Councilmember Owens, to authorize Staff to prepare and convey a Drainage Easement to Brazoria Drainage District #4 to grant property west of State Highway 288. City Attorney, Darrin Coker, stated the effort meant that the City Council authorize Staff to prepare and convey a Drainage Easement to Brazoria Drainage District #4 that we advise to grant property west of State Highway 288. Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. COUNCIL ACTION - DIRECTION TO STAFF REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY LOCATED IN THE CITY OF PEARLAND. Mr. Darrin Coker, City Attorney. Page 23 of 24 - 04/23/2001 178 No Council action taken, ADJOURNMENT: Meeting was adjourned at 11:05 p.m. Minutes approved as submitted and/or corrected this the 14 day of May, 2001. Tom Reid Mayor ATTEST: Page 24 of 24 - 04/23/2001