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2003-10-13 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 13, 2003, 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 Mayor Pro -Tem Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Absent: Councilmember Klaus Seeger. Tom Reid Richard Tetens Charles Viktorin Woody Owens Larry Marcott Bill Eisen Darrin Coker Young Lorfing Others in attendance: Deputy City Manager Alan Mueller; Executive Director of Community Services Tobin Maples; Executive Director of Economic Development Corporation Fred Welch; Marketing Manager of P.E.D.C. Will Benson; Police Chief J.C. Doyle; City Engineer Doug Kneupper; Public Affairs Liaison Lynn Munford; Public Works Director Jerry Burns; Fire Marshal Steve Chapman; Purchasing Officer Gordon Island; Project Director Joe Wertz; Planning Manager of Community Development Lata Krishnarao. The invocation was given by Councilmember Viktorin, and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported on September 30 he attended the Mayor's Higher Education Meeting; October 1 he attended the PEDC Business Round Table Meeting; October 2 he attended the Chamber New Member Open House Meeting and the South East Shrine Club Monthly Meeting; October 3 he attended the Chamber Before Business Breakfast; October 5 he attended a Ribbon Cutting Ceremony for the Hindu Temple Youth Facility; October 6 he attended an Agenda Meeting, a District Education Improvement Committee Meeting, and a Council Workshop; October 7 he attended Funeral Services for Tommy Dawson, an AARP Monthly Meeting, and the TIRZ No. 2 Board of Directors Meeting; October 9 he attended a Ribbon Cutting Ceremony for the Pearland Clinic, Behavioral Health, Inc., Country Home Loan, and a Chamber Meeting for the Allergy Clinic; October 11 he attended the Meet The City Event. Mayor Reid presented a proclamation to the Chamber of Commerce Representatives Chairman Ed Thompson and President Carol Artz proclaiming October 13-17, 2003 as Page 1 of 19 —10/13/2003 "Pearland Area Chamber of Commerce Week". Chairman of Pearland Area Chamber of Commerce, Ed Thompson, stated it has been a pleasure working with the City and the Pearland Economic Development Corporation. President of Pearland Area Chamber of Commerce, Carol Artz, reported during her training session in San Diego, the Pearland Economic Development Website was used as a great website example and is recognized nationwide for the website. She stated she is very proud of the achievements and enjoys working with the City and the Pearland Economic Development Corporation. Ms. Artz reported 221 new businesses were added to the Chamber membership. She stated the Chamber would become the voice of business. COUNCIL ACTIVITY REPORTS Councilmember Viktorin reported on October 11 he attended the Meet The City Event, and the event was nicely done and very educational. October 9 he attended the Citizens Advisory Committee Meeting for the update of the City's Master Plan. He stated the City conducts this update every two to three years. He also attended the Clearcreek Steering Committee Meeting last week. The master plan for the Clearcreek watershed is being put together and was discussed during the meeting. It is his plan and goal for the City of Pearland not to be the acting detention pond for the City's downstream. Councilmember Owens reported on October 11 he attended the Meet The City Event and it was good and also the attendance. He participated in the Adult Reading Center "Muddy Waters Event" and poured coffee with Councilmember Marcott and Mayor Reid. He attended a charity golf tournament in Angleton, Texas. Mayor Pro -Tem Tetens stated he has nothing to add. Councilmember Marcott reported on October 11 he attended the Meet the City Event, and it was very interesting to learn about the Geographic Information System capabilities. He attended the County Fair in Angleton, Texas. He has been appointed to a committee by the County Court to work on the fairground. The fairground is in need of repairs or possibly tearing it down. He stated he would be happy to receive comments or suggestions, and the first meeting will take place October 21, 2003, at the fairground. He attended a Pearland Homecoming Football Game, and the turn out was good. These events are good for the community. He stated good press is being relayed in regards to the teams and individuals participating in school events. Page 2 of 19 —10/13/2003 CITY MANAGER'S REPORT City Manager, Bill Eisen, introduced the new Planning Manager of Community Development, Lata Krishnarao. He stated she has a Master's Degree from Columbia University in City and Regional Planning. She also has twelve years of experience working in two cities. The City is looking forward to the good things she will bring to the City. He also reported on October 11 he attended the Meet The City Event and thanks Michelle Dunn and Ericka Moss of the Parks and Recreation Department for their efforts and contributions for the planning of the event. He also thanks the other City Departments who helped plan and worked during the event. He stated this has been the most successful event in past three to four years. Mayor Reid welcomed the new Planning Manager of Community Development, Lata Krishnarao. CITIZENS None DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the September 29, 2003, Regular Council Meeting held at 7:30 p.m. 2. Minutes of the October 6, 2003, Special Meeting held at 7:00 p.m. B CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-676 — 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 0.759 ACRES, RESERVE H, OUT OF THE VILLAGES AT MARY'S CREEK, SECTION 1, PHASE 1, BRAZORIA COUNTY, TEXAS (2945 AUBURN WOODS DRIVE) (SPECIFIC USE APPLICATION NO. 128) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-1) TO SINGLE FAMILY DWELLING DISTRICT — SPECIFIC USE (R -1(S)) FOR A SOCIAL AND RECREATIONAL BUILDING, WITH HEAD -IN PARKING AT THE REQUEST OF KEVIN PRICE, AGENT FOR VMC PARTNERS, LTD., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER Page 3 of 19 - 10/13/2003 PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-677 — 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 33 OF FIGLAND ORCHARD SUBDIVISION NO. 1, BRAZORIA COUNTY, TEXAS (FITE ROAD NEAR WAGON TRAIL ROAD) (APPLICATION NO. 1125) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF BRIAN WILLIAMS, 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. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-678 — 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 0.7023 ACRES OF LAND, BEING LOT 3 OF AN UNRECORDED SUBDIVISION OF 9.83 ACRES OF LAND, BEING LOT 20 OF THE ALLISON RICHEY GULF COAST HOMES SUBDIVISION IN SECTION 9, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT NO. 234, BRAZORIA COUNTY, TEXAS (2001 MAX ROAD) (APPLICATION NO. 1124) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF YASMIN ALLAHAR WAXALI, 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. E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-679 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 1.7992 ACRE TRACT OF LAND KNOWN AS LOT 12 OF BETHEL SUBDIVISION, SECTION 2, AN UNRECORDED SUBDIVISION OF 25.9538 ACRES OF LAND, Page 4 of 19 —10/13/2003 OUT OF LOTS 39, 40, 55, AND 56 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 19, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 243, BRAZORIA COUNTY, TEXAS (13910 STONE ROAD) (APPLICATION NO. 1123) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (R -E) AT THE REQUEST OF FELIPE A. AND MELVA GONZALEZ, 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. F. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1131 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT ELECTRIC SERVICE LINE INTO A UTILITY EASEMENT. Mr. Darrin Coker, City Attorney. G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-146 — 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 REFURBISHING OF THE AMBULANCE BODY AND THE REPLACEMENT OF THE AMBULANCE CAB AND CHASSIS. Mr. Bill Eisen, City Manager. H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-152 — 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 TWO BACKHOES FOR THE PUBLIC WORKS DEPARTMENT. Mr. Bill Eisen, City Manager. I. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-153 — 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 TWO DUMP TRUCKS FOR THE PUBLIC WORKS DEPARTMENT. Mr. Gordon Island, Purchasing Officer. Councilmember Marcott asked that Consent Agenda Item G be removed from the Consent Agenda for further discussion. Page 5 of 19 —10/13/2003 Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Tetens, to adopt Consent Agenda Items A through I with the exception of item G, as presented on the Consent Agenda. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, and Marcott: Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. MATTERS REMOVED FROM CONSENT AGENDA G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-146 — 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 REFURBISHING OF THE AMBULANCE BODY AND THE REPLACEMENT OF THE AMBULANCE CAB AND CHASSIS. Mr. Bill Eisen, City Manager. Councilmember Viktorin made the motion, seconded by Councilmember Marcott, to adopt Consent Agenda Item G, as presented on the Consent Agenda. City Manager, Bill Eisen, stated this item consist of a refurbishment of an ambulance body and a new chassis. He stated this process was utilized successfully last year, and this saves the City approximately $30,000 to $40,000. Councilmember Marcott stated on his way to the Meet The City Event on Saturday, a bad accident took place, and several emergency vehicles were dispatched. He stated the City only has 4 ambulances, and the majority of those emergency vehicles went to aid the victims in the accident. This is very needed for the community, and he appreciates the current job of the Emergency Management Services. Voting "Aye" Councilmembers Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. Page 6 of 19 — 10/13/2003 NEW BUSINESS COUNCIL ACTION — RESOLUTION NO. R2003-147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #1 SUPPLEMENT #8 FOR PROGRAM MANAGEMENT SERVICES INVOLVING THE INVESTIGATION OF DRAINAGE, ENVIRONMENTAL AND SURVEYING ISSUES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM (JOHN LIZER/MAGNOLIA/SOUTH FORK PROJECT). Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2003-147. City Manager, Bill Eisen, stated two weeks ago City Council held a workshop regarding the issue of Magnolia. During the workshop, three separate actions were discussed, one being to do preliminary analysis of Magnolia to determine any issues. He stated there are no issues foreseen at this time. The second item discussed during the workshop was establishing a committee to determine the points of interest and improve the communication between the City and citizens. The third item discussed during the workshop was working with other interested governmental entities in the area to work towards the Regional Transportation Improvement Plan. He stated this could possibly make future TXDOT funding available. He stated before council the first two of those items are placed on the agenda for consideration. The present item would authorize Turner, Collie and Braden to do the program management for environmental, surveying, drainage, and geotech/preliminary engineering. Steve Saboe, 3504 Lindhaven Drive, addressed Council and stated he represents his family and citizens against the Magnolia Southfork Extension. He stated he is a full tax- paying citizen of Pearland and openly opposes this project. Expert considerations of the issues placed on the table have been taking place for months. Mr. Saboe stated he appreciates the gesture of bringing a citizens committee to comment on the proposed project. He asks for the support of the current agenda items during tonight's meeting. He stated the time is not quite right to move forward with the project. The Citizens' Advisory Board should help out with the communication regarding the issue of moving forward with the project. He asked the City Leadership to open up the channel of clear and consistent two-way communication that represents the City's intent to proceed, time line, and methodology of addressing the issues surrounding the project. Mr. Saboe stated he is looking forward to working with the City regarding innovative solutions for the proposed project. Councilmember Viktorin stated the steps the City is taking is a fantastic exercise and could be utilized in other circumstances. These steps could also be used when addressing the citizens of Countryplace regarding the opening of McHard. He states he is very appreciative of the citizens' patience. Page 7 of 19 —10/13/2003 Mayor Reid stated the committees have been very effective during the Dixie Farm Road Project, Yost Road and Barry Rose Road Project. He stated communication is very important. Councilmember Owens asked if all the sheets were given on the fee schedule. City Manager, Bill Eisen, stated a page is missing from the fee schedule. Project Director, Joe Wertz, stated the missing page consisted of calculations and apologized for it not being in the packet. He explained the calculations to Council. A brief discussion ensued among Council and Staff regarding the availability of funds. City Manager, Bill Eisen, stated those funds are currently available. Councilmember Owens asked if there is any money left over in the program management portion of the uncompleted Bailey project. Deputy City Manager, Alan Mueller, stated yes, there are current funds available. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. COUNCIL ACTION — RESOLUTION NO. R2003-151 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS CREATING THE JOHN LIZER/MAG NOLIA/SOUTH FORK COMMITTEE. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Marcott, to approve Resolution No. R2003-151. City Manager, Bill Eisen, stated this is the part two of the three items previously mentioned. This committee would consist of citizens for the purpose of providing two- way communication improvements concerning the citizens and the City and its consultants. He stated the Resolution indicates the committee is not a decision-making committee, but would help with the communication between the City and citizens interested in the project. Mayor Reid stated a list of names has been included with the Resolution, and those names would be addressed at a later date following the approval of the Resolution. Page 8 of 19 — 10/13/2003 Citizens listed on the committee sheet were introduced to Council. A brief discussion ensued among Council and Staff regarding a future date for the committee to meet with Turner, Collie and Braden. A two-week time limit was established for the meeting to take place. Voting "Aye" Councilmember Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. COUNCIL ACTION - RESOLUTION NO. R2003-132 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE BRAZORIA COUNTY APPRAISAL DISTRICT. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Councilmember Viktorin, to approve Resolution No. R2003-132, nominating Dennis Frauenberger and Jo Knight. City Manager, Bill Eisen, stated the term of the members of the Board of Directors of the Brazoria County Appraisal District would expire at the end of this year. There is a process established by State Law for the filling of those positions. An opportunity must be given to the tax levying entities to nominate someone who may be willing or interested in serving on the board. He stated once all of the nominations are in, a ballot would be put together by the Appraisal District. The ballot will be sent out providing the tax levying entities to cast their votes. Mr. Eisen gave a brief explanation regarding the number of available votes per entity. He stated Dennis Frauenberger has served on the board for a number of years and is currently experiencing some serious health concerns and may not be able to serve on the upcoming term. Mr. Eisen stated due to the uncertainty at this time, Council should nominate more than one person. He stated the former Tax Assessor Collector of the City and the School District, Jo Knight, is very familiar with taxation and encourages him as a nominee. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. COUNCIL ACTION — RESOLUTION NO. R2003-149 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A TAX ABATEMENT AGREEMENT WITH SOUTH TEXAS PROPERTIES ("STP") FOR PURPOSES OF ABATING THE Page 9 of 19 —10/13/2003 INCREASED VALUE OF THE PROPERTY OWNED BY STP ALONG HALIK ROAD WITHIN THE CITY LIMITS OF PEARLAND AT A RATE OF SEVENTY-FIVE PERCENT (75%) FOR A PERIOD OF TWO (2) YEARS BEGINNING JANUARY 1, 2004, AND ENDING DECEMBER 31, 2005, AND AT A RATE OF FIFTY PERCENT (50%) ANNUALLY FOR A PERIOD OF TWO (2) YEARS BEGINNING JANUARY 1, 2006, AND ENDING DECEMBER 31, 2007 AND AT A RATE OF TWENTY FIVE PERCENT (25%) FOR A PERIOD OF ONE (1) YEAR BEGINNING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2008; FINDING AND DETERMINING THAT TERMS OF SAID AGREEMENT AND PROPERTY SUBJECT TO THE AGREEMENT MEET THE REQUIREMENTS OF CHAPTER 312 OF THE TAX CODE, V.A.T.S. AS AMENDED, ORDINANCE NO. 1128, WHICH ESTABLISHED REINVESTMENT ZONE #11, AND THE GUIDELINES AND CRITERIA FOR GOVERNING REINVESTMENT ZONES AND TAX ABATEMENT AGREEMENTS SET FORTH IN RESOLUTION NO. R2003-121. Mr. Darrin Coker, City Attorney. Councilmember Viktorin made the motion, seconded by Councilmember Owens, to approve Resolution No. R2003-149. City Manager, Bill Eisen, stated the abatement agreement is an extension of a process which began a few meetings ago. A Public Hearing was held, and a reinvestment zone was created according to State Law. The agreement specifies the terms of the tax abatement and also provides a provision that allows the City to collect any abatement granted if the company fails to perform in accordance with the agreement. Executive Director of Economic Development. Corporation, Fred Welch, stated an analysis has been prepared and provided to Council by an outside firm who is relatively familiar with the tax codes. The analysis points out the advantages of the arrangement between the City and South Texas Projects. He stated the expansion project is estimated at approximately $3.4 million. This includes land improvements and a land value of $200,000, and the building costing approximately $3.2 million. The facility will have fourteen workers and a possibility of two more within the first year. These workers will be working for South Texas Projects. South Texas Projects will only occupy a small portion of the property, and the remaining will be leased to other firms. The remaining incoming projections have not been included in this analysis. Mr. Welch stated the economic analysis spreads out over the first ten years of operation. The net benefits to the City of Pearland during the first ten years are in excess of $381,000. He gave a brief explanation of the percentage of taxes to be abated and stated this will * be a phased in project. The total taxes adjusted and provided to the City would be in excess of $67,121. Mr. Welch stated the Economic Development Corporation has looked at the merits of this project and is working an agreement separate to this agreement for another grant in the amount of $20,000 to the firm. The total dollars to the firm will be $87,121. The return on those incentives is approximately 50% in a pay back of approximately 2.3 years. He stated the City is making a very solid investment in this business and one that would create jobs of value to the City. Page 10 of 19 — 10/13/2003 Mayor Reid stated during the last PEDC Board Meeting, this agreement was approved and recommended for approval by Council. He stated this tax abatement was done in accordance to the current Ordinance regarding tax abatement procedures and guidelines. Councilmember Viktorin asked if the Economic Development Corporation is comfortable with the name change from South Texas Properties to South Texas Projects. Executive Director of Economic Development Corporation, Fred Welch, stated the Economic Development Corporation is comfortable with the firm. He stated the company has a very stable track record and has been in business for a number of years. Councilmember Marcott asked that with the next agreement, the information regarding an analysis be given in advance to the Council. Executive Director of Economic Development Corporation, Fred Welch, apologized for the late information and stated Council would receive any future information in advance of the Council meetings. Voting "Aye" Councilmembers Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. FIRST READING OF ORDINANCE NO. 1132 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DISCONTINUING AND DISANNEXING CERTAIN TERRITORY FROM THE CITY AND ADJUSTING THE CITY'S BOUNDARIES ACCORDINGLY; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to approve Ordinance No. 1132 on its first reading. City Manager, Bill Eisen, stated this relates to an item in which Council held a Public Hearing tonight relating to the disannexation of 5 acres of land at the intersection of FM 518 and SH 288. City Council has previously approved an agreement with the owner of the property to provide for payment in lieu of taxes in the event that the property is disannexed. Councilmember Marcott stated during the Public Hearing, he had concerns about the Page 11 of 19 — 10/13/2003 signs. He stated he would vote yes this time, but if no agreement is made regarding the measurements of the signs, he would vote no on the second and final reading. City Manager, Bill Eisen, stated a retail development would be placed on the property. He stated a few restaurants would be built on the property and spaces for lease for additional companies. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. FIRST READING OF ORDINANCE N0. 374-3 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 31, WRECKER SERVICE, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION 31-1, ENTITLED DEFINITIONS, AND TO AMEND SECTION 31-2, ENTITLED PERMIT REQUIRED, PRESUMPTION IN PROSECUTION FOR VIOLATION OF PERMIT REQUIRED; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Owens, to approve Ordinance No. 374-3 on its first reading. City Manager, Bill Eisen, stated this item relates to the City's Ordinance regarding wreckers. He stated some of the language in the current Ordinance is very broad regarding the Police Department rotation list, and this would clarify the definitions within the Ordinance. City Attorney, Darrin Coker, stated the problem occurred during the scene of an accident and the individual involved in the accident requesting towing services of their choice verses the police choosing the wrecker. He stated the current Ordinance did not legally give the individuals authority to choose their towing services. This change would allow individuals to contact a wrecker of their choice. There are other concerns regarding the wrecker rotation list, but this would not be addressed during the meeting. This item is only regarding individuals choosing a wrecker service during an accident. Councilmember Owens asked if the clean-up requirements of the wreckers still existed. Police Chief, J.C. Doyle, stated the wreckers are required to clean up the debris from the accidents, and it is the Police Department responsibility to enforce the clean up. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, and Marcott. Page 12 of 19 — 10/13/2003 Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. COUNCIL ACTION - RESOLUTION NO. R2003-145 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING INTENTION TO REIMBURSE PROJECT EXPENDITURES. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Councilmember Owens, to approve Resolution No. R2003-145. City Manager, Bill Eisen, stated several large capital items are in the budget approved for the current year and would be funded through the sale of short-term certificates of obligation. In order to proceed with the purchase of these items, Council has the option of passing this reimbursement Resolution. - This would allow these expenditures to be pulled temporarily from funds on hand. Councilmember Owens asked for the clarification of short-term bonds as far as limit in years. City Manager, Bill Eisen, stated the limit would be in approximately four to five years. Voting "Aye" Councilmembers Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. COUNCIL ACTION — RESOLUTION NO. R2003-150 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A ROUTE FOR THE CITY'S ANNUAL NIGHTTIME CHRISTMAS PARADE. Ms. Michelle Dunn, Recreation Supervisor. Councilmember Viktorin made the motion, seconded by Councilmember Owens, to approve Resolution No. R2003-150. City Manager, Bill Eisen, stated this item is regarding the route of the Annual Christmas Parade and requires Council's approval. He stated the parade would start at the Pearland High School and proceed to First Baptist Church of Pearland. Councilmember Marcott asked if parking would be allowed on the road near the school and John Lizer Road. Page 13 of 19 — 10/13/2003 Recreational Supervisor, Micelle Dunn, stated the specifics of parking have not been discussed. She is currently discussing this with the Police Department, and the department is in agreement with this route. The details would be concluded once Council approves the route. She stated she has spoken with the Pastor of the First Baptist Church of Pearland and received approval to use the church parking lot during the parade. Voting "Aye" Councilmembers Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. COUNCIL ACTION — RESOLUTION NO. R2003-148 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING THE EXISTENCE OF "SALVAGE PROPERTY" BELONGING TO THE CITY AND DETERMINING THE NEED TO FACILITATE THE PROPER DISPOSITION OF THE CITY'S "SALVAGE PROPERTY". Mr. Bill Eisen, City Manager. Councilmember Viktorin made the motion, seconded by Councilmember Marcott, to table R2003-148, until further determination is established regarding the purchase of salvage or surplus property. City Manager, Bill Eisen, stated the City recently acquired a tract of land at the Northeast corner of Harkey Road and Fite Road. Some utility installation is needed in that area. He stated the entire tract, including the building, had to be acquired because of the property line. There was no way of getting the proper utility improvements in without moving the building. Due to specific requirements of State Law regarding disposal of assets, bids have been taken, and it is necessary for Council to act on this item. The bids that were taken are for the removal and disposal of the building on site. He stated bidders would be allowed to retain what is salvage and use it for their own benefit. The bid accepted as the best by Gibson and Sons was in the amount of $7,000.00. Project Director, Joe Wertz, stated there is a possible recipient wanting to buy the salvage and would ask Council if this could possibly nullify the complete agenda request. He stated the current request specifically states for the salvage value to belong to the contractor. He recommended to Council that an amendment or hold on the agenda item be placed until the information of the possible buyer is established. City Manager, Bill Eisen, stated an option for Council could be to declare the surplus unauthorized for disposal by the contractor. Deputy City Manager, Alan Mueller, stated this is a possibility and may or may not Page 14 of 19 — 10/13/2003 happen. A brief discussion ensued among Council and Staff regarding the possible salvage purchase. City Attorney, Darrin Coker, stated in Chapter 263 of the Local Government Code actually distinguishes between salvage property and surplus property. He stated Council could make an amendment to change it to surplus property verses salvage property. Voting "Aye" Councilmembers Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. COUNCIL ACTION — RESOLUTION NO. R2003-144 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A STORM WATER DETENTION AGREEMENT WITH PEARLAND HUGHES -WEST INVESTMENT LTD., FOR THE PURCHASE OF DETENTION CAPACITY IN TRANQUILITY LAKE. Mr. Alan Mueller, Deputy City Manager. Mayor Pro -Tem made the motion, seconded by Councilmember Owens, to approve Resolution No. R2003-144. City Manager, Bill Eisen, stated Turner, Collie and Braden is currently moving along on the Pearland Extension Project in terms of the design. Due to the increase in runoff that would be produced by the additional pavement, storm water detention will be required. He stated an agreement has been established with the property owner in the area, West Development. West Development owns Tranquility Lake located in that area. The item would allow the purchase of detention in Tranquility Lake. He stated the purchase price is the same of the City's current pricing and is up to $7,500.00 per acre-foot. Councilmember Marcott asked if there are any potential problems with Tranquility Lake. Deputy City Manager, Alan Mueller, stated there are really no other feasible alternatives for this, and the hole would be if for some reason the project were not completed. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. Page 15 of 19 — 10/13/2003 COUNCIL ACTION — REGARDING SIGNAGE ON SH 288 AND BUILDING SIDING MATERIALS. City Council. Councilmember Marcott made the motion, seconded by Councilmember Owens, to discuss signage on SH 288 and building siding materials. City Manager, Bill Eisen, stated this item has been placed on the agenda at the request of Councilmember Viktorin, Councilmember Owens, and Mayor Pro -Tem Tetens and asked for their comments on the issue. Jason Chapman, 2000 Bering Drive, Houston, TX, addressed Council and stated a client is requesting to build a mini -storage facility on the Southwest corner of FM 518 and SH 288. He stated he would like to get information from Council regarding suitable facade material. He stated the facade requirements, as understood, would allow the building to be styrofoam with man-made stucco finish on top of it. He passed the example product to Council. The R factor on the material is an R17, which is substantially more than traditional construction. Mr. Chapman stated his company feels this is an excellent alternative and is a very durable and energy efficient product. He stated the next concern is regarding signage and passed out documents for Council to view. He stated the client is concerned about the scale of the sign allowed by the City not being suitable for freeway exposure. His concerns are regarding the distance from the freeway. He stated most of the businesses currently on the freeway are out of the City limits and are not regulated by the City's current signage Ordinance. This would place limits on the exposure of the business in comparison to his competition. Mr. Chapman stated his client is not asking for a huge sign, but for something reasonable. Councilmember Marcott stated during the time of the application process for zoning, the owner knew the requirements of the City. He stated the owner went to the Zoning Board of Adjustments in order to over rule those requirements given by Council, and it was denied by the Zoning Board of Adjustments. Currently the City is reviewing the Comprehensive Plan, and facades and signage are included in this review. He gave comments on the signage resembling the Las Vegas strip and does not want this in the City of Pearland. Mayor Reid asked if this was placed before the Zoning Board of Adjustments on last Thursday. Executive Director of Community Services, Tobin Maples, stated this item went before the Zoning Board of Adjustments several months ago. Councilmember Tetens stated this does not meet the current requirements of the Ordinance. He stated the current Ordinance is being reviewed and he would not like any changes for the increase signage measurements or requirements with facades during the review period. Due to current regulations, no action on this item should be Page 16 of 19 — 10/13/2003 taken to accommodate the changes requested of the property owner. Councilmember Owens stated he does not see a problem with the current requested material being used for the facade. He stated the material looks good and would be in accordance to the City's energy efficiency Ordinance. He .asked Council to move forward with the decision of material, due to the property owner needing to move forward with the ordering of material and construction. He stated the comparison of FM 518 and SH 288 is different in regards to signage.. The signs on FM 518 are near the right of way and the speed is slower verses on SH 288 were the distance is greater from the right of way and the speed is much faster. He stated all businesses should be treated equal verses the business type. The business should not be penalized for wanting to sell products. He stated some businesses should not be allowed to do certain things if other businesses are not allowed to do the same. A brief discussion ensued among Council, Staff, and Mr. Chapman regarding the building facade. City Attorney, Darrin Coker, stated the property owner, through the District Court, could appeal the decision made by the ZBA. The City Council does not have the authority to over turn that decision. He stated the only alternative would be to change the Ordinance. Councilmember Marcott, stated the Ordinance is in the process of being reviewed, and a decision should not be made at this point and time. Executive Director of Community Services, Tobin Maples, stated the material is allowed by the City's current Ordinance, just not on a major thoroughfare. Mayor Reid stated this should not be an issue to over turn what the Zoning Board of Adjustments has ruled, but to clarify the current Ordinance from this point on. He gave additional comments regarding the signage placement along SH 288. He is not in agreement with the request for an amendment regarding the signage measurements. Additional discussion ensued among Council, Staff, and Mr. Chapman regarding the signage measurements along SH 288. Councilmember Viktorin stated this issue would also come before Council again as the SH 288 Corridor develops. Other businesses besides the mini -storage will be built, and issues regarding requirements should also concern those future businesses. He stated signage is related to speed and distance. Proactive results should come from the City. He stated he approves of the requested facade siding. Executive Director of Community Services, Tobin Maples, stated Staff is currently reviewing the current City's vision and Comprehensive Plan, which is the first stage. Page 17 of 19 — 10/13/2003 Phase two will start shortly after the New Year, and the vision will be used to rewrite the zoning and subdivision regulations. He stated during that time is when issues regarding signage and facades would be considered. Additional discussion ensued among Council and Staff regarding making a decision for the facade material used for the mini -storage. City Attorney, Darrin Coker, stated he did receive calls from Zoning Board of Adjustments members regarding the current Agenda Item. He stated due to the determination made by the Zoning Board of Adjustments, it would not be advised for Council to make a ruling to approve the current request. The Zoning Board of Adjustments determination was clear, and by law it addresses the process of appeal on decisions made by the Zoning Board of Adjustments. Councilmember Tetens stated the developer knew at the time of application the requirements of the City Ordinance. He stated he is not in favor of allowing one business to circumvent the Ordinance. Councilmember Marcott stated efis is currently causing problems for builders, due to new installation requirements and the cost of the product. He would like to see what the City could do in order to stop the flashing red signs in Pearland. Councilmember Viktorin stated he agreed with Councilmember Marcott regarding the flashing red signs. He stated as a compromise, he would be willing to increase the size of the current sign measurements within the Ordinance in order to eliminate the ability to have flashing signs. After discussing the signage on SH 288 and building siding materials, Mayor Reid moved to adjourn the meeting. OTHER BUSINESS: ADJOURNMENT Meeting was adjourned at 9:14 p.m. Page 18 of 19 —10/13/2003 Minutes approved as submitted and/or corrected this 27th day of October , A.D 2003. Tom Reid Mayor ATTEST: Page 19 of 19 — 10/13/2003 THIS PAGE LEFT INTENTIONALLY BLANK