Loading...
2002-12-09 CITY COUNCIL REGULAR MEETING MINUTES - 7:00PM1,63 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON DECEMBER 9, 2002, AT 7:00 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 Woody Owens Councilmember Richard Tetens Councilmember Charles Viktorin Councilmember Larry Marcott City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Absent: Councilmember Klaus Seeger Others in attendance: Deputy City Manager Alan Mueller; Executive Director of Community Services Tobin Maples; Executive Director of Economic Development Corporation Fred Welch; J.C. Doyle Chief of Police; John Hargrove City Engineer; Public Affairs Liaison Lynn Munford; Purchasing Officer Gordon Island; Project Director Joe Wertz, Deputy City Secretary LaKeisha Cannon -Scott; I. T. Coordinator John Knight; Utility Billing Supervisor Linda Grobmeier; Assistant Director of Public Works Cecil Bowery. The invocation was given by Councilmember Viktorin and the Pledge of Allegiance was led by City Manager Bill Eisen. MAYOR'S ACTIVITY REPORT Mayor Reid read into the record a letter from Southeast Texas Housing Finance Corporation, The application for financing Pearland 518 Apartments has been withdrawn. Therefore, the Board of Directors of the Southeast Texas Housing Finance Corporation will not hold a meeting to consider this matter. Mayor Reid stated that Councilmember Seeger is currently at work and will not attend the meetings. Mayor Reid and Delores Fenwick presented a Proclamation to the Kids In Pearland Preserving the Environment by Responsible Service and declared December 9, 2002 as Sablatura K. I. P. P. E. R. S. Day. A brief introduction of the K. I. P. P. E. R. S was given and the group did a small presentation for Council. Page 1 of 22 12/9/2002 7:00 p.m. 16.1 Mayor Reid reported on November 27 he had a meeting with Executive Director "Save our ER's"; December 1 was a guest speaker for Disciples of Faith Church; December 2 attended an Agenda Meeting, Pearland School District Education Improvement Commission Meeting, PEDC Board Monthly Meeting, and a Council Meeting; December 3 attended AARP Monthly Meeting, Pearland Neighborhood Center Open House, and Pearland Community Hospital Board of Directors Meeting; December 4 — 6 attended Texas Association Regional Council of Government quarterly Meeting; December 7 attended City of Pearland Christmas Parade. COUNCIL ACTIVITY REPORTS Councilmember Tetens, Mayor Pro -Tem Owens, and Councilmember Marcott, passed. Councilmember Viktorin reported on December 5 he attended the Christmas Tree Lighting Ceremony and December 7 he attended City of Pearland Christmas Parade. Councilmember Viktorin commented on the outstanding job done by Mr. Ed Hersh and the Parks Department on these events. He stated that he met with Congressman Tom DeLay and discussed the flooding problems occurring in Pearland and the delay of the results for the Clear Creek Channelization Study by the Corps of Engineers. Coucilmember Viktorin further stated Congressman DeLay did not know the Corps of Engineers postponed releasing the results until 2005. He stated Councilmember Owens joined him in that meeting and during the discussion Congressman DeLay had an understanding of the flooding problems of Pearland. Councilmember Marcott complemented the citizens for presenting their thoughts and concerns regarding the proposed Pearland 518 Apartments Community. CITY MANAGER'S REPORT City Manager, Bill Eisen, reported he visited with the Staff of Senator Kay Bailey Hutchinson concerning the flooding of Pearland. He stated more information will be forwarded to their office concerning the details. Mr. Eisen commented on the Christmas Parade and commended the City for a job well done. He stated this was the City's first year handling the parade and routes were change in order to accommodate FM 518. Mr. Eisen stated an update to the City's Land Use Plan and a Unified Development Code are currently being proposed by three selected consulting firms and an interview of the three consulting firms will take place on December 16, 2002. CITIZENS Edgar Vansickle, 3803 Lake Drive, addressed Council and stated he was present for the November 24, 2002 meeting concerning the 518 Apartments. Mr. Vansicle stated he protested the construction of the 518 Multi -Family Apartments because of flooding Page 2 of 22 —12/9/2002 7:00 p.m. and transportation issues. Betty Plotner, 1310 Danielle Lane, addressed Council and stated she was present for the November 24, 2002 meeting concerning the 518 Apartments. Ms. Plotner stated there are fifty-seven homes in her community of Briarwood Estates. She gave Council a copy of the petition signed by the homeowners of Briarwood Estates.. Ms. Plotner further stated she would like to get the area rezoned into a Commercial or Single Family Dwelling Zone. Nancy Dietrich, 3705 Pine Branch Drive, addressed Council and stated she is a trustee for Pine Hollow Homeowners Association. She stated there are two issues she would like to address, the extended study for Pine Hollow and the flooding and drainage of Pine Hollow. Ms. Dietrich gave her appreciation to Mr. Eisen for extending the study for Pine Hollow and its flooding and drainage issues. She stated the proposed 518 Apartments would not work due to current problems of drainage, traffic problems, and the overcrowding of the schools. She requested the property be rezoned in order to lessen the impact of the project on the surrounding communities. Ms. Dietrich stated rezoning the land to an R-1 District could reduce the density. She further stated prevention of low income housing is not possible but, rezoning it will reverse the impact of the housing project. James Birdsong, 3705 Pine Tree, addressed Council and stated he agrees with rezoning the property where the apartments are proposed to be built Mayor Reid read the letter regarding the withdrawn application for the Pearland 518 Apartments. He further stated that all members of Council were not able to attend the November 24, 2002 meeting concerning the 518 Apartment proposal due to previous engagements. Councilmember Marcott commented on the drainage of Clear Creek and Mary's Creek. He stated Clear Creek has to be cleaned out and worked on first because the streams of Pearland are all draining into Clear Creek. Councilmember Marcott stated Mary's Creek is an important issue and will be worked on following the clean up of Clear Creek. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the November 25, 2002, Regular Council Meeting held at 7:30 p.m. Page 3 of 22 —12/9/2002 7:00 p.m. 6G B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1088 - 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 (BRAZORIA COUNTY MUNICIPAL DISTRICT NO. 1); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND READING OF ORDINANCE NO. 1089 - 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 (BRAZORIA COUNTY MUNICIPAL DISTRICT NO. 5); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. D. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE SHADOW CREEK RANCH - KIRBY DRIVE AND SAPPHIRE BAY PAVING PHASE TWO. Mr. John Hargrove, City Engineer. E. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION SHADOW CREEK RANCH — SHADOW CREEK RANCH SECTION SF -2. Mr. John Hargrove, City Engineer. F. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION PEARLAND FARMS SECTION ONE. Mr. John Hargrove, City Engineer. Page 4 of 22-12/9/2002 7:00 p. m. 10 G. CONSIDERATION AND POSSIBLE ACTION - EXCUSE ABSENCE OF COUNCILMEMBER KLAUS SEEGER FROM THE REGULAR COUNCIL MEETING HELD ON NOVEMBER 25, 2002. City Council. H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2002-192 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID TO H.T.E. VAR, LLC. FOR THE PURCHASE OF AN IBM AS/400 i SERIES MODEL 820 SERVER MAINFRAME COMPUTER. Mr. Gordon Island, Purchasing Officer. 1. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2002-194 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AND AUTHORIZING RENEWAL OF A ELECTRICITY SUPPLY AGREEMENT WITH H - GAC ENERGY PURCHASING CORPORATION. Mr. Gordon Island, Purchasing Officer. J. CONSIDERATION AND POSSIBLE ACTION — R2002-189 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING ALL PREVIOUS APPOINTMENTS OF CITY EMPLOYEES TO THE POSITION OF DEPUTY CITY SECRETARY AND RATIFYING THE APPOINTMENT OF CERTAIN CITY EMPLOYEES TO SAID POSITION. Mr. Darrin Coker, City Attorney. K. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2002-193 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT WITH SHADOW CREEK RANCH DEVELOPMENT COMPANY LIMITED PARTNERSHIP FOR THE OVERSIZING OF A SEWER MAINS ALONG KIRBY DRIVE. Mr. Alan Mueller, Deputy City Manager. L. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-190 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE CONSTRUCTION OF A DRAINAGE OUTFALL INTO THE SWEC REGIONAL DETENTION POND. Mr. John Hargrove, City Engineer. Councilmember Marcott asked that Consent Agenda Items E and H be removed from Page 5 of 22 —12/9/2002 7:00 p.m. 1613. the Consent Agenda for further discussion. Councilmember Viktorin asked that Consent Agenda Item F be removed from the Consent Agenda for further discussion. Councilmember Owens asked that Consent Agenda Item L be removed from the Consent Agenda for further discussion. Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to adopt Consent Agenda Items A through L, with the exception of items E, F, H, and L, as presented on the Consent Agenda. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. MATTERS REMOVED FROM CONSENT AGENDA E. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION SHADOW CREEK RANCH — SHADOW CREEK RANCH SECTION SF -2. Mr. John Hargrove, City Engineer. Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to _ table Consent Agenda Item E, pending completion of the subdivision, as presented on the Consent Agenda. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott. Voting "No" None. Motion Passed 4 to 0, with Coucilmember Seeger absent. F. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION PEARLAND FARMS SECTION ONE. Mr. John Hargrove, City Engineer. Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to adopt Consent Agenda Item F, as presented on the Consent Agenda. City Manager, Bill Eisen, stated the item is an acceptance of a subdivision of Pearland Farms Section One. Page 6 of 22 —12/9/2002 7:00 p.m. W Councilmember Marcott stated he has concerns about the subdivision off of Magnolia, during the high waters last summer the entrance was flooded and it was not draining properly. Mr. Marcott stated he will accept the item once an assurance of proper drainage has taken place, City Engineer, John Hargrove, stated the problems were due to construction and sand bags around the property. He stated all of the construction has been completed and the sand bags are removed, there are no further drainage problems. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, and Marcott. Voting "No" none. Motion Passed 4 to 0, with Councilmember Seeger absent. H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2002-192 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID TO H.T.E. VAR, LLC. FOR THE PURCHASE OF AN IBM AS/400 i SERIES MODEL 820 SERVER MAINFRAME COMPUTER. Mr. Gordon Island, Purchasing Officer. Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to adopt Consent Agenda Item H, as presented on the Consent Agenda. City Manager, Bill Eisen, stated the item is bid to replace the existing AS/400 computer center for the City Hall area. He stated the pricing for the system is very reasonable and recommends the approval for this bid. Councilmember Owens stated he had questions concerning the removal of the old system. IT Coordinator, John Knight, stated this is the second AS/400 system being replaced and upgraded by a newer system. He stated that the system would be upgraded to the 820 series. Mr. Knight stated that these systems are often upgraded with the newer replacement series. He further stated the pricing for the system is a good price and due to the H. T. E. partnership with the state this system is the best choice. Voting "Aye" Councilmembers Marcott, Owens, Vicktorin, and Tetens. Voting "No" none. Motion Passed 4 to 0, with Councilmember Seeger absent. Page 7 of 22 —12/9/2002 7:00 p.m. i;0 L. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-190 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE CONSTRUCTION OF A DRAINAGE OUTFALL INTO THE SWEC REGIONAL DETENTION POND. Mr. John Hargrove, City Engineer. Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to adopt Consent Agenda Item L, as presented on the Consent Agenda. City Manager, Bill Eisen, stated the item is a wastewater outfall directly into one of the detention facilities at SWEC. Mr. Eisen stated the detention facilities are a pass through for the outflow of water, keeping a certain level of water in the ponds for lake, park, and land suitability. Councilmember Tetens, asked if the bids were reviewed by City Engineer, John Hargrove, and were there only two bid items. Mr. Tetens stated his concerns where the bid amounts in reference to this particular construction. City Engineer, John Hargrove, stated the contractor who was awarded the bid is very successful =at completing projects. He stated the contractor is a very competitive bidder and a successful performer. City Manager, Bill Eisen, stated the starting budget was $2.6 million budget and the City is currently $1000,000 to $200,000 below the set budget. City Engineer, John Hargrove, stated there is a proposed plan for wetlands and erosion control. Brief discussion concerning budget ensued among Council and City Engineer regarding the project. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, and Marcott. Voting "No" none. Motion Passed 4 to 0, with Councilmember Seeger absent. NEW BUSINESS FIRST READING OF ORDINANCE NO. 509-623 - 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 Page 8 of 22 —12/9/2002 7:00 p.m. PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING THE NORTH 80 FEET OF LOT 1 AND LOT 12, BLOCK G, PEARLAND TOWNSITE, ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 29, PAGE 41, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (SPECIFIC USE APPLICATION NO. 120) (ORANGE STREET, BETWEEN GRAND AVENUE AND PARK AVENUE) FROM CLASSIFICATION GENERAL BUSINESS DISTRICT (GB) TO GENERAL BUSINESS DISTRICT (GB) SPECIFIC USE (GB(S)) FOR A TWO-FAMILY DWELLING (DUPLEX) ON EACH LOT WITH THE STIPULATION IF CONSTRUCTION IS NOT STARTED WITHIN TWO YEARS OF RECEIVING THIS SPECIFIC USE PERMIT BY CITY COUNCIL THEN THE SPECIFIC USE PERMIT WOULD EXPIRE AT THE REQUEST OF SAENZ DEVELOPMENT, AGENT FOR TOMMY S. DAWSON, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to approve Ordinance No. 509-623 (Specific Use Application No. 120) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of (Specific Use Application No. 120). City Manager, Bill Eisen, stated the rezoning would provide for the construction of two buildings containing two duplex units in each building. City Attorney, Darrin Coker, stated there are two amendments, all building codes by the City are first met, and the building must be built in a two year period in order for the specific use permit to continue indefinitely. He further stated this is a time stipulated permit. Alma Nolan, 2106 North Galveston Road, addressed Council and stated she wants the City to consider the drainage in the area before allowing more construction to take place. Ken Carter, 3607 East Orange, addressed Council and stated the November 18, 2002 meeting held addressed issues regarding the specific use application and .more information was needed during that time. He questioned the additional information that was requested on the November 18, 2002. Mr. Carter further questioned the measurements of the property and any construction that would take away trees on the property. City Manager, Bill Eisen, gave a brief explanation regarding the zoning of the property. Mr. Eisen stated the developers would have to meet all of the City's requirements during the construction. He further explained that any trees taken down would need to be Page 9 of 22 —12/9/2002 7:00 p.m. 172 replaced in accordance with the City's tree ordinance. A brief discussion regarding the application processing and the property ensued among Council and Staff. Councilmember Marcott stated he has concerns about the drainage and sewer problems in the area of the property. Councilmember Marcott stated these concerns need to be addressed and fixed before construction is granted. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. FIRST READING OF ORDINANCE NO. 509-624 — 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 BEING12.58 ACRES, J. CRAWLEY SURVEY, ABSTRACT 174, BEING ALL OF TRACT I RECORDED UNDER FILE NUMBER 94-009151, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1071) (SHADOW CREEK RANCH WEST OF STATE HIGHWAY 288) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF GARY COOK - SHADOW CREEK RANCH DEVELOPMENT L.P., AGENT FOR PEARLAND INVESTMENTS, L.P., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Mayor Pro -Tem Owens made the motion, seconded by Councilmember Viktorin, to approve Ordinance No. 509-624 (Application No. 1071) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of (Application No. 1071). City Manager, Bill Eisen, stated the proposed rezoning would accommodate the construction of a hospital project in the area. Voting "Aye" Councilmembers Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Page 10 of 22 —12/9/2002 7:00 p.m. 173 Motion Passed 4 to 0, with Councilmember Seeger absent. FIRST READING OF ORDINANCE NO. 509-625 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 0.590 ACRES, LOT 5, BLOCK 12, WEST LEA SUBDIVISION, ABSTRACT 546, H.T.&B.R.R. COMPANY SURVEY (APPLICATION NO. 1074) (MANVEL ROAD (FM 1128) NORTH OF BAILEY ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF THOMAS HAYES, AGENT FOR ERASMO MEDINA, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Marcott made the motion, seconded by Councimember Tetens, to approve Ordinance No. 509-625 (Application No. 1074) on its first reading. Mayor Reid read in the record the Planning & Zoning Commission's recommendation to forward to Council for denial of application No. 1074. City Manager, Bill Eisen, stated the proposed use is for construction of a used car lot facility at the location. He further stated a negative did come from the Planning and Zoning Commission and a three quarter vote would be required in order to over turn the negative recommendation. Councilmember Tetens stated there are residential lots adjourning this property and he agrees with the recommendation of the Planning and Zoning Commission. Coucilmember Marcott stated he concurs with the recommendation of the Planning and Zoning Commission. Voting "Aye" None Voting "No" Tetens, Viktorin, Owens, and Marcott. Motion Failed 4 to 0, with Councilmember Seeger absent. FIRST READING OF ORDINANCE NO. 509-626 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, Page 11 of 22 —1219/2002 7:00 p.m. 01 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 1.761 ACRES, W.D.C. HALL SURVEY, ABSTRACT 70(APPLICATION NO. 1072)(LIBERTY DRIVE SOUTH OF F.M. 518) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-4) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF JAY JAVADI, AGENT FOR DONYA, LLC., 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, Executive Director of Community Services. Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to approve Ordinance No. 509-626 (Application No. 1072) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 1072. City Manager, Bill Eisen, stated the proposed use is for a parking lot and the property was purchased from the City with a condition that the property could only be used as a parking lot for the adjacent existing shopping center located at the corner of Liberty and 518. Councilmember Tetens stated the area was a Planned Unit Development at one time. Councilmember Marcott stated there is a request for denial from Claws and Pets Veterinary Hospital on 518 because of drainage. City Manager, Bill Eisen, stated there would be retention requirements placed on any paving. City Attorney, Darrin Coker, stated the specific language associated with the drainage of the property and the agreement with the City. Brief discussion ensued between Council and Staff concerning the current zoning of the propertiy. Voting "Aye" Councilmembers Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. Page 12 of 22 —12/9/2002 7:00 p.m. 175 FIRST READING OF ORDINANCE NO. 509-627 — 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 FOR AN ACCESSORY BUILDING WITH THE STIPULATION THE SPECIFIC USE PERMIT WOULD EXPIRE TWO YEARS AFTER APPROVAL OF THE SPECIFIC USE PERMIT BY CITY COUNCIL IF CONSTRUCTION HAS NOT BEEN STARTED ON THE ACCESSORY BUILDING ON THE FOLLOWING PROPERTY, BEING 10.00 ACRES, ABSTRACT 234, H.T.B.R.R. COMPANY SURVEY, TRACT 17(SPECIFIC USE NO. 119)(1833 MAX ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SUBURBAN DEVELOPMENT DISTRICT - SPECIFIC USE (SD - (S)) AT THE REQUEST OF JAN SUTTER AND JILL KREMLING, 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, Executive Director of Community Services. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to approve Ordinance No. 509-627 (Specific Use Application No. 119) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Specific Use Application No. 119. City Manager, Bill Eisen, stated the rezoning change would allow the construction of an accessory building on property that contains an existing single family home. Jan Sutter, 1833 Max Road, addressed Council and stated the size of the property is over 400,000 square feet. Ms. Sutter discussed the size of the building compared to the size of the lot -and also gave council a drawing of the property. She stated that her family has resided in the area since 1959. John Cole, 5826 Becky Lane, addressed Council and stated he owns the property next door to Ms. Sutter. Mr. Cole stated he has no problems with the proposed building. He stated the building would complement the property and neighborhood. Councilmember Tetens stated he has some reservations in regards to a specific use permit for any building without an exact size and location of the building being placed on the property. City Attorney, Darrin Coker, stated Council should convey their requests with Planning and Zoning regarding more specific information on buildings and property locations before specific use permits are issued. Page 13 of 22 —12/9/2002 7:00 p.m. O Brief discussion ensued between Council and Staff regarding a checklist for property owners applying for specific use permits. Voting "Aye" Councilmembers Marcott, Owens, and Viktorin: Voting "No" Coucilmember Tetens. Motion Passed 3 to 1, with Councilmember Seeger absent. FIRST READING OF ORDINANCE NO. 509-628 — 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 FOR TEMPORARY STORAGE OF GOODS WITH THE STIPULATION THAT THE DATES WILL BE NOVEMBER 1ST TO JANUARY 31ST OF THE SUBSEQUENT YEAR AND WITH A TIME LIMIT 0 TWO YEARS, WHICH WILL EXPIRE ON JANUARY 31, 2004, ON THE FOLLOWING PROPERTY, BEING LOT 11 THROUGH 19, BLOCK 14, OLD TOWNSITE (SPECIFIC USE NO. 118) (2335 N. TEXAS AVENUE) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO COMMERCIAL DISTRICT SPECIFIC USE (C(S)) AT THE REQUEST OF PEARLAND NEIGHBORHOOD CENTER, AGENT FOR THE CITY OF PEARLAND, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Mayor Pro -Tem Owens made the motion, seconded by Councilmember Marcott, to approve Ordinance No. 509-628 (Specific Use Application No. 118) on its first reading. Mayor Reid read into the record the Planning & Zoning commission's recommendation to forward to Council for approval of Specific Use Application No. 118. City Manager, Bill Eisen, stated this would permit the Pearland Neighborhood Center to have a large container outside the building on the premises allowing additional storage of donations during peak times of the year. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. Page 14 of 22-12/9/2002 7:00 p. m. 177 FIRST READING OF ORDINANCE NO. 509-629 — 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 31 AND 32, SOMERSETSHIRE ESTATES, AS RECORDED IN VOLUME 16, PAGE 283, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1075)(3203 EXCALIBURS COURT) FROM CLASSIFICATION SUBURBAN DEVELOPMENT BUSINESS DISTRICT (SDB) TO SINGLE FAMILY DISTRICT (R-1) AT THE REQUEST OF THANH DAC NGUYEN, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-629 (Application No. 1075) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Coucil for approval of Application No. 1075. r City Manager, Bill Eisen, stated upon approval of the application the owner would construct a single family home on two existing lots. Executive Director of Community Services, Tobin Maples, stated the applicant would apply for a declaration of intent to the County in order to develop the two lots as one joined lot. He stated the applicant would build the home in the center of the two lots creating one lot. He further stated the property has two water wells and the water is provided through the City. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. FIRST READING OF ORDINANCE NO. 509-630 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 0.830 ACRES, ABSTRACT 505, H.T.& B.R.R. COMPANY SURVEY, TRACT 6A (APPLICATION NO. 1076)(5024 LONGLEAF DRIVE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT Page 15 of 22 —12/9/2002 7:00 p.m. 17 .3 DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF ADRIEL SOTELO, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to approve Ordinance No. 509-630 (Application No. 1076) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 1076. Councilmember Marcott stated the neighbors are concerned about a business being ran out of the applicant's residence. Executive Director of Community Services, Tobin Maples, stated that code enforcement would periodically make visits to the property to ensure the owner does not have a business in the home. Voting "Aye" Councilmembers Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. FIRST READING OF ORDINANCE NO. 1090 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 26 OF APPROXIMATELY 11.941 ACRES OF LAND. Mr. Damn Coker, City Attorney. Councilmember Viktorin made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 1090 on its first reading. City Manager, Bill Eisen, stated Municipal Utility District No. 26 includes a large part of the Shadow Creek Ranch area and the property in question is under 12 acres and was not included in the original Municipal Utility District No. 26 due to ownership issues. Mr. Eisen stated those issues have been clarified and the owner requests the property would be included into the Municipal Utility District No. 26. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, and Marcott. Voting "No" None. Page 16 of 22 —12/9/2002 7:00 p.m. 179 Motion Passed 4 to 0, with Councilmember Seeger absent. COUNCIL ACTION — RESOLUTION NO. R2002-177 — RESOLUTION EXPRESSING THE CITY'S INTEREST IN PARTICIPATING IN A PROPOSED HOSPITAL PROJECT IN COOPERATION WITH DIVERSIFIED MUNICIPAL FINANCE CORPORATION AND PEARLAND COMMUNITY HOSPITAL, SUBJECT TO CERTAIN PARAMETERS AND CONDITIONS; AND RESOLVING OTHER MATTERS RELATING THERETO. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Owens made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2002-177. City Manager, Bill Eisen, stated during a previous Workshop with the proposed developers it was requested the City provides certificates of participation and a sub lease to Pearland Community Hospital. Mr. Eisen stated Council requested a Resolution developed by Staff with parameters regarding financing for the project. He further stated the Chairman of the Hospital Board sent a letter stating the Hospital Board does endorse the financing and urges the Council to move forward. Mr. Eisen stated the City's consultants are available for comments and discussion. Frank Ildebrando, City's Financial Advisor, addressed Council and stated his suggestions regarding the specific finance amounts for the project. Mr. Ildebrando stated the 9.5% interest rate is very high and is a high-risk investment for anyone buying the bonds. He stated average rates for the City are currently in the 4.5% interest range. Mr. Ildebrando further stated the expenses of 5% are within reason for this transaction. He concluded the major concern for the City is in the event the bonds are defaulted by this project the City will have market and legal problems. Mr. Ildebrando suggests. the resolution is not approved due to the risks involved with the project. Mayor Pro -Tem Owens questioned the benefits of the project succeeding. Frank Ildebrando, City's Financial Advisor, stated other hospital facilities would be constructed in the area that are financially more capable. He stated if the proposed hospital is finished, it would need equipment and carry an extremely high debt load. Mr. Ildebrando stated he has concerns with the projections placed in the study analysis. Lengthy discussion ensued among Council, Staff, and Advisors concerning proposed hospital project. City Manager, Bill Eisen, stated there are some risks involved with the project. Mr. Eisen stated those risks weigh on having a hospital on the east side of town and having one sooner verses waiting for the possibility of the private sector constructing a hospital Page 17 of 22 — 12/9/2002 7:00 p.m. ISO facility. He further stated there is nothing in the resolution guarantying the project for failure. Councilmember Viktorin commented on other ways of financing and funding the project through the Pearland Economic Development Committee. Councilmember Viktorin stated the current financing for the project is not done very frequently. He opposes the resolution and any City's involvement. Councilmember Viktorin further stated he feels the certificates of participation will not be enough to fund the entire project. He stated he agrees with the City's financial advisor on not accepting the current proposed resolution. Councilmember Tetens asked the City Attorney about the legal clarification involving the City if the proposed resolution is granted. City Attorney, Darrin Coker, stated the agreement does not legally binds the City to any financial obligations for the hospital. He further clarified the proposed resolution and gave a brief definition of the terms listed. Rick Witte, Andrews & Kurth, stated the resolution would have parameters in order to protect the City and to make it non-binding. Mr. Woody gave an overall view of the financing for the project and the expectations of the Hospital Board after parameters are met. City Manager, Bill Eisen, stated the proposed resolution was reviewed by Diversified Municipal Finance and they are comfortable with the resolution as written. Lengthy discussion ensued among Council, Staff, and Advisors regarding the detailed issues and endorsements of the project. Chairman of Hospital Board, Dr. Anthony O'Dwyer, addressed Council and stated for the past 18 months he has been charged up with the idea of making a state of the art hospital in Pearland. Dr. O'Dwyer stated the hospital would make Pearland a more complete community. He stated the finance is a technical problem due to the investors putting millions of dollars into the project and needing the complete security of the City. He stated the investors want to see the City endorse the hospital and the Board in ensuring the project finances would be properly handled. Dr. O'Dwyer stated there would not be any financial obligation from the City of Pearland. He further stated the proposed hospital would be a nice facility comparable to the Dupont Hospital in Forth Worth, Indiana. He stated he is an active member of Memorial South East and he knows the problems they have occurred due to the property area of the hospital. The hospital is built near a toxic waste dump approximately 300 yards away. This resulted in the hospital having a low census for several years. He stated all big projects have risk attached to them and he is asking the Council to go forward on building the hospital Page 18 of 22 —12/9/2002 7:00 p.m. 181 for the community of Pearland. Further discussion ensued among Council, Staff, and City's Financial Advisors regarding the proposed hospital and the City's position. Voting "Aye" Councilmembers Tetens, and Owens. Voting "No" Councilmembers Viktorin, and Marcott. In order to break the tie vote, Mayor Reid cast his vote. Voting "Aye" Mayor Reid. Motion Passed 3 to 2, with Councilmember Seeger absent. COUNCIL ACTION — RESOLUTION NO. R2002-197 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR A UNIT PRICE SERVICE CONTRACT FOR A WATER METER CHANGE -OUT AND RETROFIT PROGRAM, AND NEW METER SUPPLY CONTRACT. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2002-197. City Manager, Bill Eisen, stated Council previously held a work section discussing the replacement of the current water meter system. Mr. Eisen stated the City would benefit in two ways by upgrading to the radio read system. The actual cost of the system compared to the cost of continuing to service the old system is very favorable for the City and this will increase the City's revenue due to the inaccurate readings of the old system being replaced by the new meter systems. Councilmember Marcott asked what is the total cost of the new meter system. City Manger, Bill Eisen, stated the cost of the unit is $2.9 million including the interest amount. City Manager, Bill Eisen, stated there are ample funds, but it is in the best interest to not use the reserve water and sewer funds due to utilizing the reserve for meeting the current policy and according to the Water and Sewer Lake Study the change in rates will not be necessary for a few years and utilizing the reserve funds now could affect the timing of the rate increase. Council and Staff briefly discussed the starting of the project and warranties provided. Page 19 of 22 —12/9/2002 7:00 p.m. City Manager, Bill Eisen, briefly detailed the problems with the older meters and the readings from them. Mr. Eisen also stated the old meters may be currently reading below the actual consumption used. He further stated there is no accurate account of the age of the current older meters. He stated the.figures for increase in revenue for the City are very accurate due to the inaccurate readings from the older meters. Council and Staff briefly discussed the new meters and the installation of the new meters. Voting "Aye" Councilmembers Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. COUNCIL ACTION — RESOLUTION NO. R2002-196 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT AMENDMENT WITH ECO RESOURCES, INC., FOR PROVISION OF METER READING SERVICES. Mr. Darrin Coker, City Attorney. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2002-196. City Manager, Bill Eisen, stated the item relates to the previous item, gradually expiring the ECO Resources meter reading contract. Mr. Eisen stated this would allow the City to make the transition from the units read by ECO Resources to the new radio read meters. Councilmember Marcott asked what would happen to the meters in the Municipal Utility District No. 1 and Municipal Utility District No. 5. City Manager, Bill Eisen, stated nothing would take place until the actual annexation takes place. Mr. Eisen stated during the annexation the meters will be accessed and at that time it will be determined the extent of the upgrade. Voting "Aye" Coucilmembers Tetens, Viktorin, Owens, and Marcott. Voting "No" None. Motion Passed 4 to 0. Page 20 of 22 — 12/9/2002 7:00 p.m. 183 COUNCIL ACTION — RESOLUTION NO. R2002-191 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON-GALVESTON AREA COUNCIL (HGAC) FOR THE PURCHASE OF A TRAFFIC PREEMPTION SYSTEM. Mr. Gordon Island, Purchasing Officer. Councilmember Viktorin made the motion, seconded by Councilmember Owens, to approve Resolution No. R2002-191. City Manager, Bill Eisen, gave a brief description of the equipment and costs. Mr. Eisen stated added activation equipment would allow the Emergency Service Department to rapidly respond to emergency calls. He stated the equipment would cost $144 thousand, a $100 thousand was budgeted this year for purchase through HGAC. Mr. Eisen stated this is a favorable pricing for the City. Council and Staff briefly discussed the equipment, cost of the equipment, and the general area for the placement of the equipment. Voting "Aye" Councilmembers Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 4 to 0. COUNCIL ACTION — RESOLUTION NO. R2002-195 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AND ADOPTING THE PLANNING AND ZONING COMMISSION RULES OF PROCEDURE. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Owens made the motion, seconded by Councilmember Viktorin, to table Resolution No. R2002-195, pending further discussion. City Manager, Bill Eisen, stated the proposed resolution is for a set of policies and procedures that would govern the actions of the Planning and Zoning Commission. Brief discussion ensued among Council and Staff regarding future meeting to discuss minor issues regarding the proposed resolution. Voting "Aye" Councilmembers Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Page 21 of 22 —12/9/2002 7:00 p.m. 184 Motion Passed 4 to 0. OTHER BUSINESS: ADJOURNMENT Meeting was adjourned at 9:56 p.m. Minutes approved as submitted and/or corrected this 13tH day of January A.D., 2003. om Reid Mayor ATTEST: Page 22 of 22 —12/9/2002 7:00 p.m.