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2004-09-27 CITY COUNCIL REGULAR MEETING MINUTES'— MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON SEPTEMBER 27, 2004, 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 Councilmember City Manager City Attorney City Secretary Tom Reid Charles Viktorin Richard Tetens Woody Owens Larry Marcott Kevin Cole Bill Eisen Darrin Coker Young Lorfing Others in attendance: Deputy City Manager Alan Mueller; ExecutiA- Director of Community Services Nick Finan; Executive Director of Economic Development Corporation Fred Welch; Manager of Business Retention & Expansion Karen Dickson; Police. Chief J.C. Doyle; Public Affairs Liaison Lynn Munford; Director of Finance Andrea Gardner; EMS Director Jeff Sundseth; Purchasing Officer Gordon Island; Project Director Joe Wertz; and Senior Planner Theresa Grahmann. The invocation was given by Councilmember Cole and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported on September 15 he attended a Brazoria Drainage District No. 4 Monthly Meeting, an Adult Reading Center Board of Directors Meeting, and a Brazoria County Cities Association Monthly Meeting; September 16 he attended the Gulf Coast Annual Luncheon and Board of Directors Meeting and a Briefing given by Congressman Tom DeLay at San Jacinto College -South Campus; September 17 he attended Kozas Open House/Luncheon and presented a Proclamation to Silver Lake Lions Club; September 20 he attended an Agenda Meeting, a United Way Walk-thru at the Adult Reading Center, a Photo Op with Mayor White of Houston recognizing Americorp Volunteers, a Council Group Photo, and a Council Meeting; September 21 he attended the HGAC Board of Director's Meeting, and a meeting with Marie Flickinger; September 22-25 he attended the Texas Association of Regional Council of Government Meeting as past President; September 27 he attended a meeting with Dan Martin, CEO of Memorial South East Hospital. Page 1 of 19 – 9/27/2004 COUNCIL ACTIVITY REPORTS Passed. CITY MANAGER'S REPORT Passed. Mayor Reid, with concurrence of Council, moved to New Business Item No. 1 COUNCIL ACTION — RESOLUTION NO. R2004-97 — A RESOLUTION RECOGNIZING THE SERVICES AND CONTRIBUTIONS OF KLAUS SEEGER. Mayor Reid. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2004-97. Mayor Reid presented a Resolution and Proclamation showing Council's gratitude for former Councilmember Seeger's exemplary service to the City of Pearland. Councilmember Seeger stated his appreciation. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. Mayor Reid, with concurrence of Council, moved back to citizens to be heard. CITIZENS Tom Pool, 2120 Country Club, addressed Council and stated he wanted to remind Council that they represent the entire City and not just portions of the City that are having problems. He gave additional comments regarding previous agenda items referencing a new fire station. He stated there were citizens who did not want it. He asked Council to remember that there are other citizens in the City. He stated the Fire Department is for the entire City and not just the people who live around it. Michael Klaus, 5016 Groveton, addressed Council and stated the Low Impact Development Identification needs to be incorporated into the City's planning process. He stated he is concerned about the term green -space and how it is currently being used. He made additional comments regarding the breaking of the compacted soil after construction is completed in order to allow proper drainage and run off. He attended a Texas Department of Transportation presentation, and during the presentation no Page 2 of 19 — 9/27/2004 information regarding costs were given for construction in the Pearland area. He stated it would be nice for the community to have the cost information. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the August 30, 2004, Special Meeting held at 6:15 p.m. 2. Minutes of the September 13, 2004, Public Hearing held at 6:30 p.m. 3. Minutes of the September 13, 2004, Public Hearing held at 6:30 p.m. 4. Minutes of the September 13, 2004, Public Hearing held at 6:30 p.m. 5. Minutes of the September 13, 2004, Regular Council Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-734 — 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 7, BLOCK 9, HICKORY CREEK PLACE, PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED ON THE EAST SIDE OF GARDEN ROAD, AND ON THE SOUTH SIDE OF MARSHA LANE) (APPLICATION NO. 1183) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO OFFICE AND PROFESSIONAL DISTRICT (OP) AT THE REQUEST OF RICHARD GONZALEZ, 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. Ms. Lata Krishnarao, Planning Manager. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-735 — 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 6.7430 ACRES, OUT OF A 39.3673 ACRE TRACT, AS RECORDED IN FILE NO. 98- 044746, AS RECORDED IN THE OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS, AND ALSO BEING OUT OF LOT 32, ALLISON RICHEY GULF COAST HOME COMPANY'S PART OF SUBURBAN GARDENS, SECTION 19, AS RECORDED IN VOLUME 2, PAGE 23 AND 24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, H.T. & B.R.R. COMPANY Page 3 of 19 — 9/27/2004 SURVEY, SECTION 19, ABSTRACT 234, PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF FM 518 (BROADWAY STREET), AND ON THE WEST SIDE OF ZAPALAC ROAD) (APPLICATION NO. 1184) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF BRUCE T. FEHR, APPLICANT FOR PEARLAND PLAZA, LTD., 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. Ms. Lata Krishnarao, Planning Manager. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-736 — 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 1.3718 ACRE TRACT OF LAND OUT OF LOT 51 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 19, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 243, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 2, PAGE 23, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED ON THE WEST SIDE OF STONE ROAD, AND ON THE NORTH SIDE OF SEDDON ROAD) (APPLICATION NO. 1185) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF MICHAEL SHANE WEST, 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. Ms. Lata Krishnarao, Planning Manager. E. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE OF CREEKSIDE SECTION TWO. Mr. Doug Kneupper, City Engineer. Councilmember Tetens made the motion, seconded by Councilmember Owens, to adopt Consent Agenda Items A through E as presented on the Consent Agenda. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA Page 4 of 19 — 9/27/2004 None NEW BUSINESS COUNCIL ACTION — REMOVE FROM TABLE ORDINANCE NO. 509-732. City Council. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Viktorin, to remove Ordinance No. 509-732 from the table. City Manager Bill Eisen stated this relates to a zoning plan, which was tabled during a previous meeting in order to allow new information regarding the item to be reviewed. He stated the Planning & Zoning Commission recommends approval of the Ordinance with certain conditions being met. The developer has indicated that the conditions are agreeable. Executive Director of Community Services Nick Finan stated since the last meeting, Staff has met with the developer. The Planned Unit Development document Council is considering meets all the conditions given by the Planning & Zoning Commission. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — FIRST READING OF ORDINANCE NO. 509-732 — 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 10.0360 ACRE TRACT OF LAND BEING LOT 59 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 85, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 304, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 2, PAGE 107, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED NORTH OF FM 518, AND ON THE WEST SIDE OF HOOKS ROAD) (APPLICATION NO. 1175) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO PLANNED UNIT DEVELOPMENT (PUD) AT THE REQUEST OF HAMILTON HOMES, APPLICANT FOR JEFF AND GRACE LEE, 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. Ms. Lata Krishnarao, Planning Manager. Page 5 of 19 — 9/27/2004 Councilmember Owens made the motion, seconded by Mayor Pro -Tem Viktorin, to approve Ordinance No. 509-732 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. 1175. Mayor Pro -Tem Viktorin asked if the document before them is the recommended version of the Planned Unit Development document in which Planning & Zoning requested certain conditions. City Attorney Darrin Coker stated the item before Council is the recommended Planned Unit Development document recommended by Planning & Zoning. Councilmember Tetens stated he likes the concept of the Planned Unit Development document, but there are few things that he does not like. He stated the density is too high. The 15 foot setback from the creek side is not acceptable. The 10 foot between houses is not acceptable. The lot coverage is too great and greater than what is allowed in the current Ordinance. He does not think this is a development, but an asset to the City of Pearland. Councilmember Marcott stated he asked for the Ordinance to be table during the last meeting because information regarding the Planned Unit Development was given to Council during the meeting. He stated, at that time, he had two documents before him from the developer, and has made comparisons. They are different and there are some things missing from the previous documents. He asked if the wording within the document regarding landscaping could be corrected. Executive Director of Community Services Nick Finan stated this information could be added. Councilmember Marcott stated there is no indication of what changed from document to document. He stated Staff should require the developers to indicate what changes are made. A brief discussion ensued among Council and Staff regarding the differences between document changes. Executive Director of Community Services Nick Finan stated in the future, the Planning Department is recommending that any changes made be submitted to the Planning & Zoning Commission prior to Council's receipt of any original documents. Voting "Aye" Councilmembers Owens, Viktorin, Marcott, and Cole. Page 6 of 19 — 9/27/2004 Voting "No" Councilmember Tetens. Motion Passed 4 to 1. Mayor Reid, with concurrence of Council, moved to New Business Item No. 10. COUNCIL ACTION — REGARDING A REQUEST FOR A NOISE PERMIT APPLICATION FOR A LIVE BAND FROM PITCH, PUTT & PLAY LOCATED AT 2551 O'DAY ROAD. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Owens, to approve the issuance of a noise permit for a six-month period. City Manager Bill Eisen stated the Noise Ordinance adopted by the Council a few months ago, provided an opportunity for property owners in certain cases to request a noise permit under the Ordinance. This is a request for a noise permit from a business in Pearland. City Attorney Darrin Coker stated the Ordinance that was previously adopted does provide a mechanism for residences or businesses in the community to apply for a permit operating outside the Ordinance. The Ordinance applies to a reasonable standard. The permit allows an individual to operate under the parameters in which the Council sets for a specific permit. This permit can be revoked for any violation of the permit. He stated the applicant has requested a permit for a reoccurring noise, allowing a live band to plays from the hours of 7:00 p.m. to 10:00 p.m. on Friday nights. He stated there have been at least two complaints that were phoned in to the Police Department regarding the business. Daniel Eastman, 2529 O'Day Road, addressed Council and stated he and his wife own the property adjacent to Pitch, Putt, & Play immediately to the North on O'Day Road. He stated his family moved to the property in August 1996. A business was constructed there during 2000 and the business closed shortly after Hurricane Allison. The property was inactive for the following year. The rejuvenated business has now been present for approximately two years. He stated some noise problems did occur during that time, but he wanted the company to succeed as a business. On May 2004 the business began sponsoring outside live band events. The noise is bad and he spoke with the business; the Friday night bands continued. The constant bass amplifier is heard constantly. He thought the bands would stop once school started. This did not take place. He did not like the beer cans that would occasionally get thrown over the fence. During the battle of the bands on September 11, 2004, the nature of the noise was dramatically increased by the battle of the bands. He spoke with the management twice before the event and was shown the area where the bands would play. He stated the noise was intolerable. He did not complain until after 11:00 p.m. when the bands would not stop playing. He called the business and asked them to shut it off, and when they Page 7 of 19 — 9/27/2004 did not, he called the police. He stated dispatch informed him that several complaints had been made and an officer was there. The following week he spoke with the City Manager regarding the noise and found out that the business would need a permit under the current Noise Ordinance. Mr. Eastman stated the City Manager informed him that he would speak to the business owner regarding the Battle of the Bands Event Anthony Castleberry, 5609 Meagan Street, addressed Council and stated he is representing the Colony Park Subdivision. He stated 44 homes within the subdivision are opposed to the issuance of a noise permit to the business. Gerald Colca, 2405 Emma Drive, addressed Council and stated most of the neighbors in the community use their outsides to visit and talk. When they are outside they hear the noise from the Pitch, Putt, & Play. During the night of the 11 t", he was entertaining guests at his home and they had to go inside because of the noise volume, and inside you still could feel the vibration. He stated he opposed an issuance of a noise permit. Craig Domin, 2403 Emma Drive, addressed Council and stated he lives next door to the previous speaker. He has the same problem at night. The noise echoes through the house. They already have to deal with the noise from other surrounding businesses. He asked Council to not issue a noise permit to Pitch, Putt, & Play. Warren Price, 2401 Emma Drive, addressed Council and stated he experiences the pounding noise through his DVD player. He did not have a chance to speak with the police and give a report. He stated he has a petition that states how the community feels about the noise. The petition was presented to the City Secretary. Wendy Schneider, 2810 Westchester Circle, addressed Council and stated she is an owner of Pitch, Putt, & Play. In May 2004 they started a performance called Friday Night Heat. The goal is to provide a fun, safe, clean, supervised environment for families to come out and have fun. She stated Friday nights are targeted for teens. Ms. Schneider stated the business started the event because parents stated their kids had nothing to do or nowhere to go on Friday nights. Every Friday night from 8:00 pm - 11:00 pm, the bands start and finish playing. The added event has been a success and the parents are very thankful. Ms. Schneider stated at Pitch, Putt, & Play they try to be a good neighbor. The request for the noise permit is to be able to provide a fun, safe, drug-free environment for the teenagers. Derron Whitaker, 2538 O'Day Road, addressed Council and stated on the evening of the 11 th he was not home until later in the evening. During the late evening, a gentleman came by their home with the petition and they stated the event was not affecting them. He stated that he walked his dogs that evening and the noise from the music had already stopped. Mr. Whitaker has two stepdaughters, 17 and 15. They moved here in August of 2004 and his daughters spent too much time at the AMC 30 Theater hanging with a crowd he did not like. Since his family has been in the Page 8 of 19 — 9/27/2004 community, his daughters have attended the Friday Night Heat, and he has been present during some occasions. The events are supervised. He stated Pearland is built on small businesses, and he is very impressed with Pitch, Putt, & Play. He feels that some of the neighbors were coaxed to sign the petition. He submitted a letter in support of the business to the City Secretary. Councilmember Tetens stated he has not been at the business to hear the noise and cannot speak to the amount of noise. He stated he does know this is a residential area and he does not think loud noise should be condoned in residential areas. Mayor Pro -Tem Viktorin asked the City Attorney if there are certain stipulations for the business if they receive the permit. City Attorney Darrin Coker stated the permit would allow Council to establish the noise parameters. Councilmember Marcott asked for an explanation of what would happen if a permit is not issued. City Attorney Darrin Coker stated if the business is not issued a permit, they would be allowed to have the events, but if there is a complaint, a police officer will arrive at the .— scene and make a determination of whether or not the noise is offensive. He gave clarification regarding the previous Noise Ordinance. He stated if the noise permit is issued, it would be the first one issued by the City. Councilmember Marcott asked for the number of people who attend the events. Wendy Schneider of Pitch, Putt, & Play stated there are approximately 220 people attending the events. A small crowd would be approximately 75. Councilmember Cole stated it sounds like the complaints reference moreover the bass of the noise versus the sound. He stated he is very sensitive to bass and it hurts. He understood that when an officer is addressing the complaint, the officer is to go to the place where the complaint is made and make a determination. If the officer is at the location, it is going to be louder than it would at the house. Councilmember Cole stated he understood that the officer told the business to turn down the music without going to the residence where the call was made to check out the noise level. He stated the Ordinance should be enforced the way it is written. Councilmember Marcott stated bass does vibrate through things. He asked the owner if they are present on Friday nights and monitor the bass level. Wendy Schneider of Pitch, Putt, & Play stated the music is not always that loud and the bands do not play very long. She stated the main complaint came on September 11th Page 9 of 19 – 9/27/2004 when there was an event called the Battle of the Bands. She stated the business learned a lot from that event. The permit is for the Friday night events. Councilmember Marcott asked if the parking is ample. Wendy Schneider of Pitch, Putt, & Play stated the cars are parked in the parking lot and many of the kids go to Junior High School and High School. Parents drop off their kids. Citizens were given an opportunity to comment on the parking. They stated the parking is not affecting the community; it is the noise. One citizen stated he does not only have a problem with the event of September 11th, but also the continued events. He has a tape for Council if they would like to listen to the noise. A brief discussion ensued among Council, Staff, and citizens regarding the events. Councilmember Cole asked if the Council had the discretion of certain decibel level, location of the band, and time of the event. City Attorney stated Council does have the discretion of placing certain conditions within the issuance of a noise permit. Councilmember Marcott stated this is one of those issues that is very hard to decide because you have a business and citizens that are being affected. He stated the owner and possibly the citizens should sit down together and discuss the issue possibly with the City mediating between the two. He stated the item could be tabled until that takes place. Councilmember Owens stated he does not think the item should be tabled. He thinks a noise permit could be issued with certain conditions; however, he is not sure of the time limits. The City is so tied to the local businesses and citizens; the City would in the future have to mediate for other issues within the City. Mayor Reid stated he thinks the item should have been discussed in the form of a Workshop, allowing complete dialogue. Mayor Pro -Tem Viktorin stated there are not many venues for this type of gathering for the students in Pearland. When it comes to the issue of the students having a supervised location to go to, he leans more towards allowing the business to have the events. He stated he does not condone the bands screaming obscenities. This should be controlled. Voting "Aye" Councilmembers Owens, Viktorin, and Cole. Voting "No" Councilmembers Marcott and Tetens. Page 10 of 19 — 9/27/2004 Motion Passed 3 to 2. Mayor Reid, with concurrence of Council, moved back to New Business Item No. 3. COUNCIL ACTION — RESOLUTION NO. R2004-157 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS SUPPORTING THE 2004 BRAZORIA COUNTY MOBILITY BOND REFERENDUM TO PROVIDE BETTER ROADS FOR THE FUTURE OF OUR CITIZENS. Mr. Alan Mueller, Deputy City Manager. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2004-157. City Manager Bill Eisen stated November 2, 2004, the County is scheduled to have a Bond Election for various road improvements throughout the County. He stated six of those projects are located between the Pearland City Limits or near the City Limits in some cases. This resolution would endorse the referendum and show the Council's support. The Traffic Impact Fees are referenced, and depending on whether or not Council adopts such fees, it would establish the City's participation level with the County. Councilmember Marcott stated he has a question regarding the funding of 40% from the County. He asked if this is correct. Deputy City Manager Alan Mueller stated the 40% is correct. Councilmember Cole asked for the total amount Pearland would be looking to receive from the total from the $50 million referendum. City Manager Bill Eisen stated the amount received would be approximately $12 million. Deputy City Manager Alan Muller stated he is correct; it would be approximately 25% of the amount. Councilmember Cole stated that is why it is very important people get out and vote. Councilmember Marcott stated the frontage roads stated are very important and this is a very important bond issue. These road improvements would help traffic. Discussion ensued among Council and Staff regarding the projects. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Page 11 of 19 — 9/27/2004 Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-158 — A RESOLUTION OF THE CITY ~ COUNCIL OF THE CITY OF PEARLAND, TEXAS SELECTING THE JOHN LIZER/MAGNOLIA/SOUTHFORK CORRIDOR FROM PEARLAND PARKWAY TO SH 288 FOR DESIGN AND CONSTRUCTION AS A SECONDARY THOROUGHFARE. Mr. Alan Mueller, Deputy City Manager. Councilmember Cole made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2004-158. City Manager Bill Eisen stated this resolution addresses two different roadways. One of the roadways is Magnolia and the other is Bailey. Deputy City Manager Alan Mueller stated within the resolution is a summary of what was discussed during the last Workshop with the communications committee. This would show that the current bond funds would be used for the Magnolia/Southfork Thoroughfare in lieu of Bailey, but shows limited improvements on Bailey as well. Tom Pool, 2120 Country Club, addressed Council and stated Magnolia/Southfork is needed immediately. This would allow people on the older side of town to go out and enjoy some of the newer establishments that have been built along SH 288. Sherry Fulgham, 5405 Magnolia, addressed Council and stated her community has been worried about the proposed thoroughfare along Magnolia/Southfork. She stated her community voted for the thoroughfare along Bailey. Highways should not run through neighborhoods. Her home would face the thoroughfare and feel the value of her property would go down. Her family planned on retiring in their home and now think that plan is less desirable. Ms. Fulgham stated once the road is built, her family will expect the 35 mph speed limit to be enforced. She asked for additional consideration for roads within the neighborhood that may be used for cut -through traffic. Michael Klaus, 5016 Groveton, addressed Council and stated he is very concerned about the project. He is concerned about drainage and possible flooding. He does not think putting a thoroughfare with the speed limit of 35 mph will help traffic from FM 518. Councilmember Cole stated Exhibit A goes along with the resolution, which would address Ms. Fulgham's concerns about cut -through traffic. He stated Exhibit A shows that a cul-de-sac will be place on the street. He stated traffic calming devices may still be considered before final designs. Mayor Reid stated the City would try to keep as many of the trees as possible. Page 12 of 19 — 9/27/2004 Councilmember Marcott stated he has some concern regarding the construction of a four lane from SH 288 to the end of the pavement in Silver Creek, which is the American Canal. He stated if the bond issuance does not pass, he does not see how the City could commit to do this improvement. Deputy City Manager Alan Mueller stated the wording in the exhibit does not show a specific commitment for that improvement. If the bond fails, the City would make a strong attempt to seek alternatives for funding the improvements. Councilmember Marcott stated he has a concern regarding the overpass at the railroad track and Veterans at Hwy 35. It is his understanding that the School District wanted to place a school in that area along the road. This would change the zoning of M-2 tremendously. Discussion ensued among Council regarding the area of roadway that would be improved at the railroad track and Veterans at Hwy 35. Councilmember Marcott stated he did not want the possible building of a new school to affect the M-2 zoning for that area. He would not support it. Mayor Pro -Tem Viktorin stated this area was zoned M-2 by the City and he would not have a problem with placing an M-2 zoned building next to a school, if the district made the choice to place the school in the middle of a M-2 zoned area. Discussion ensued among Council regarding the proposed businesses for that area and the sewer and water line improvements that have taken place. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1181 — 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 (SHADOW CREEK PARKWAY AT CLEAR CREEK); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. Mr. Darrin Coker, City Attorney. Page 13 of 19 — 9/27/2004 Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1181 on its first reading. City Manager Bill Eisen stated City Council has held two Public Hearings with regards to this annexation. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-155 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY DRAINAGE DISTRICT NO. 4 FOR EXCAVATION WORK ASSOCIATED WITH THE WEST MARY'S CREEK STORM WATER DETENTION PROJECT. Mr. Alan Mueller, Deputy City Manager. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2004-155, with the rate of not less than $7,500 per acre foot. City Manager Bill Eisen stated this relates to the West Mary's Creek Detention Facility, which is about to begin construction in the very near future. This is an agreement with the Drainage District regarding the excavation of SWEC and detention facility. Councilmember Marcott stated on page 5 and 7, it makes reference to the wastewater treatment plant. He thinks the wording is incorrect. Deputy City Manager Alan Mueller stated Councilmember Marcott is correct. The wording is an oversight. Councilmember Marcott stated he needs clarification regarding page 9. Deputy City Manager Alan Mueller stated this shows the typical wording. It shows that the City is responsible for pumping out the rainwater. Discussion ensued among Council regarding the parameter fence around the detention and other detention areas. Councilmember Marcott stated the rate of $7,500 per acre foot on page 12 need to be adjusted. Discussion ensued among Council and Staff regarding the rate and how it was Page 14 of 19 — 9/27/2004 determined. Deputy City Manager Alan Mueller stated this was based on the cost of the original pipe that was built, and is comprised of the price of the land, cost of engineering, and cost of the structure involved in making it operational. Councilmember Marcott stated this rate does need to be looked at in the future and should be adjusted into this contract. Discussion ensued among Council and Staff regarding the wording within the resolution to state no less than $7,500 per acre foot, and the 5% of the volume, the Drainage District would receive. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-156 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING A STRATEGIC PARTNERSHIP AGREEMENT BETWEEN THE CITY AND BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 16. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Marcott, to approve Resolution No R2004-156. City Manager Bill Eisen stated Council has held two Public Hearings regarding this item. It relates to some modifications to the agreement with Municipal Utility District No. 16 regarding the use of detention and detention requirements. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent from the chambers. COUNCIL ACTION — RESOLUTION NO. R2004-159 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO LINE EXTENSION AGREEMENT WITH CHARTER COMMUNICATIONS FOR THE EXTENSION OF CABLE SERVICES INTO THE CITY, BROUGHT ABOUT BY ANNEXATIONS. Mr. Darrin Coker, City Attorney. Page 15 of 19 — 9/27/2004 Councilmember Marcott made the motion, seconded by Councilmember Owens, to approve Resolution No. R2004-159. City Manager Bill Eisen stated this relates to the cable services of a company in the area that was annexed by the City. This would provides for specific treatment of that cable company. City Attorney Darrin Coker stated this agreement would only allow them to serve under the current footprint. In order to extend beyond that, they would have to get a franchise with the City, and 5% of the growth revenues will have to be provided to the City. Councilmember Marcott stated he is concerned it took so long for the company to reply. He asked if the City would receive back compensation. City Attorney Darrin Coker stated the City would not receive any back compensation. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 301-2 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 30, UTILITIES, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION 30-39, ENTITLED WHEN PAYMENT DUE, AND SECTION 30-41, ENTITLED DISCONNECTION FOR NONPAYMENT, AND TO ADD A NEW SECTION 30-46, TO BE ENTITLED TESTING OF WATER METERS; HAVING A PENALTY CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Ms. Andrea Gardner, Director of Finance. This item was passed, with no Council action taken. FIRST READING OF ORDINANCE NO. 1182 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, FINDING THAT THE CITY HAS ESTABLISHED GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT PURSUANT TO RESOLUTION NO. R2003-121; DESIGNATING AND DESCRIBING A REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT ZONE #12), IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT; FINDING THAT THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD BE A BENEFIT TO THE LAND TO BE INCLUDED IN THE ZONE AND THE MUNICIPALITY AFTER THE EXPIRATION OF THE TAX Page 16 of 19 — 9/27/2004 ABATEMENT AGREEMENT; AUTHORIZING THE CITY MANAGER TO SIGN TAX ABATEMENT AGREEMENTS WHEN APPROVED BY THE CITY COUNCIL; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Cole made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 1182 on its first reading. City Manager Bill Eisen stated earlier this evening Council had a Public Hearing regarding the Reinvestment Zone No. 12. This would create the Reinvestment Zone and establish guidelines and criteria for granting tax abatement. Discussion ensued among Council and Staff regarding the Reinvestment Zone No. 12. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — REGARDING CITY SUPPORT FOR AN EVENT HONORING �. THE HOMECOMING OF CITY EMPLOYEE WES BOYER FOR HIS SERVICE IN IRAQ. Mr. Nick Finan, Executive Director of Community Services. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Tetens, to approve the City's Support for an event honoring the employees who have served in Iraq. City Manager Bill Eisen stated this item would acknowledge service members who have served in Iraq. A local family would like to place a banner in one of the City's right-of- ways. In order for this to take place the City needs to sponsor the event. Executive Director of Community Services Nick Finan stated there is a current City Ordinance that states in order for a banner to be placed within the City's right-of-way, the event needs to be sponsored by the City. Mayor Pro -Tem suggested that the event should honor any employee who has served in Iraq. Councilmember Marcott gave brief comments regarding the family and his support. He stated this is a good thing and he certainly supports it. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Page 17 of 19 — 9/27/2004 Voting "No" None. Motion Passed 5 to 0. Council adjourned into Executive Session under Texas Government Code at 10:15 p.m. to discuss the following: NEW BUSINESS (CONTINUED): EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.072 — CONSULTATION WITH ATTORNEY: REGARDING THE ACQUISITION OF LAND FOR CITY FACILITIES. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 10:37 p.m. COUNCIL ACTION — REGARDING THE ACQUISITION OF LAND FOR CITY FACILITIES. City Council. Councilmember Tetens made the motion, seconded by Councilmember Cole, to authorize the City Manger to enter into a lease agreement for the lease of office space for the Parks and Recreation Department. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Motion Passed 5 to 0. ADJOURNMENT Meeting was adjourned at 10:39 p.m. Minutes approved as submitted and/or corrected this the 11th day of October , A.D., 2004. Tom Reid Mayor Page 18 of 19 — 9/27/2004 ATTEST: I(OX) �XngLorfirjf, TffAC ity SecretdFy Page 19 of 19 — 9/27/2004 THIS PAGE LEFT BLANK INTENTIONALLY