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2004-11-08 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 8, 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 Tom Reid Mayor Pro -Tem Charles Viktorin Councilmember Richard Tetens Councilmember Woody Owens Councilmember Larry Marcott Councilmember Kevin Cole City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Others in attendance: Executive Director of Community Services Nick Finan; Executive Director of Economic Development Corporation Fred Welch; Police Chief J.C. Doyle; City Engineer Doug Kneupper; Public Affairs Liaison Lynn Munford; Director of Finance Andrea Garner; Parks and Recreation Director Rhonda Cyrus; Director of Human Resources and Safety Management Mary Hickling; Public Works Director Jerry Burns; 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 and Councilmember Marcott presented a proclamation to the Association of Perioperative Registered Nurses, proclaiming November 14 - 20, 2004, as the Association of Perioperative Registered Nurses (AORN) Week." Lasondra McMorrison thanked the Mayor for the proclamation presentation. She stated they are here today in celebration of the Perioperative Nurses Week. These nurses provide care to patients before, after, and during surgery. The major goal of the nurses is patient safety first and one Registered Nurse per surgical patient. Councilmember Marcott stated, a couple of years ago, he presented this proclamation to the nurses at their monthly meeting located at the downtown Kelsey Seybold. There were approximately 200 nurses present. During that time, his wife was seeking students to move forward in achieving a higher college degree. She was able to meet students during this time. He stated when you wake up from surgery, it is a good feeling to know that you are in good hands. You are able to go back to sleep and not Page 1 of 20 —11 /08/2004 worry. He experienced this first-hand and it made him feel good to know he was in good hands. Ms. McMorrison stated the Perioperative Nurses Monthly Meeting is this upcoming Wednesday, 5:30 p.m. at the Kelsey Seybold Administration Building. Mayor Reid stated several years ago during the effort to solve the problems with Clear Creek, a Steering Committee was formed. This group has worked on the Clear Creek efforts and Councilmember Tetens was appointed to serve on the committee. Later, during the 1996-1997 timeframe, Harris County Flood Control District formed an Advisory Committee with all of the people along Clear Creek. At that time, Councilmember Marcott served and has served up until just recently. The Advisory Committee felt that because the Steering Committee had a number of elected officials represented on that committee, then those elected officials serving on the Advisory Committee should be replaced. Mayor Reid stated this was done and he announced Michael Klaus as the appointed member to serve for Pearland on the Advisory Committee. In recognition of the service Councilmember Marcott has given the City over the years, Mayor Reid presented Councilmember Marcott with a Certificate of Appreciation for serving on the Citizens Advisory Committee for the Clear Creek Federal Flood Damage Reduction Project. Councilmember Marcott stated there are people on the Committee who do not want to see anything take place with the Creek. They want it left the way it is. We have to keep fighting to get the project moving forward in order to help the drainage in the area. We cannot let Pearland become the detention pond for Clear Creek. Mayor Reid stated the City of Pearland is very fortunate in having a Chamber of Commerce that has planned to form a group, which plans to learn about the community and state. The name of the group is Leadership Pearland. Councilmember Marcott stated there are ten members within the group. They are sponsored by the Chamber of Commerce and supported by City Council. The members are Angela Allen of Keller Williams Reality, Darrell Diggs of Data Just Data Inc., Dawna Weber of the Parks & Recreation Department of Pearland, Deanna Johnson of the United Way of Brazoria County, Henry Stanaland of Prepaid Legal Services, Keith Blasingame of ProActive Physical Therapy Centers, Kyle Peipelman of Washington Mutual Bank, Renea Ivy of Pearland Independent School District, Rick Torrison of House of Prayer Pearland, and Sherrell Littrell of The Benefits Connection. The members will go through a 10 -month program and will learn about their county, city, and state. Carol Artz of the Pearland Chamber of Commerce stated these are ten business men and women who are taking the Leadership Pearland Program. It started in 1999 and the members have a chance to learn about the County, City, and State. She looks Page 2 of 20 —11 /08/2004 forward to them evolving throughout the year. She thanked the City for hosting tonight's dinner. Mayor Reid reported on October 26 — 29 he attended the Texas Municipal League Annual Meeting in Corpus Christie; October 30 he attended a Ribbon Cutting Ceremony for the "Festival of Lights" Sri Temple; November 1 he attended the All Saints Costume Judging for the St. Helen's School, and Agenda Meeting, a Council Workshop, and a Council Special Meeting; November 2 he met with AI Hague regarding a citizen right-of- way issue, attended an Adult Reading Center Strategic Planning Committee Meeting, and an Election Night gather with a citizen group; November 3 he attended a meeting with Connie Elston of the Bay Area Transportation Partnership and Carol Artz of the Chamber of Commerce regarding transportation issues, and a YMCA Skate Park Committee Meeting; November 4 he met with Mr. Swindale the President of the Board of Regents for Alvin College, met with Fred Welch and the Hospital Corporation of America regarding the Shadow Creek Ranch building plans, met with Judy Van Cleve of Post Oak Publishing regarding the New Community/Relocation Guide for Pearland, and attended a South East Shrine Club Meeting; November 5 he was interviewed by Jennifer Cunningham who is a University of Houston student; November 6 he attended and spoke at a Strategic Planning Workshop for Sri Meenakshi Temple and also attended the "Festival of Lights" for the Indian Community, presenting them with a proclamation; November 7 he attended the Forgotten Angels Golf Awards Dinner and met with Leadership Pearland for dinner with the City Council. COUNCIL ACTIVITY REPORTS Mayor Pro -Tem Viktorin, Councilmembers Tetens and Owens passed. Councilmember Marcott reported he attended a program sponsored by the Parks & Recreation Department, "A Murder Mystery." This program was sold out and was attended by the young and old. They all had a very good time and the Parks & Recreation Department should be commended for the event. Councilmember Cole passed. CITY MANAGER'S REPORT City Manager Bill Eisen gave information regarding the City scheduling of meetings due to the upcoming holidays. Even though Thanksgiving is the last full week of this month, there will be a Council Meeting of the week that Thanksgiving is held. The meeting date is November 22, 2004. However, there will be no meetings held the 20th and 27th of December due to the Holidays. Page 3 of 20 —11 /08/2004 CITIZENS Michael Klaus, 5016 Groveton, addressed Council and thanked Council for the appointment to the Citizens Advisory Committee. He reminded everyone that there is a meeting of the Clear Creek Steering Committee tomorrow in Friendswood. The meeting will take place at 11 a.m. Last week, during a workshop, discussion took place regarding development in Pearland. He is concerned about the quality of life in Pearland. If someone wants to live in a home that is a little more compact, then the property needs should be addressed as part of the development. This would fix having the smaller foot plan. Low Impact Development could be used to adjust certain things within a denser development program. He gave ideas of possible infrastructure changes for this type of development. He stated it is a matter of quality. If Pearland is going to allow denser development in areas, then let us make it where those developments are good. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the October 11, 2004, Regular Council Meeting held at 7:30 p.m. 2. Minutes of the October 18, 2004, Special Council Meeting held at 7:00 p.m. 3. Minutes of the October 25, 2004, Special Council Meeting held at 6:30 p.m. 4. Minutes of the October 25, 2004, Regular Council Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE OF SHADOW CREEK RANCH SF -28. Mr. Doug Kneupper, City Engineer. C. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE OF SHADOW CREEK RANCH SF -34. Mr. Doug Kneupper, City Engineer. D. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE OF SHADOW CREEK RANCH SF -35. Mr. Doug Kneupper, City Engineer. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-183 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, Page 4 of 20 —11 /08/2004 TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH CITY OF GROVES FOR COOPERATION IN THE PURCHASE OF WATER METERS. Mr. Darrin Coker, City Attorney 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 Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS FIRST READING OF ORDINANCE NO. 509-743 — 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 1.00 ACRE TRACT OUT OF THE NORTH 1/2 OF LOT 22, ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 81, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 300, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 2, PAGE 98, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF FUTURE BROADWAY STREET (COUNTY ROAD 92), AND ON THE EAST SIDE OF GLOSSON ROAD) (APPLICATION NO. 1193) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF MELINDA ROSINSKI, APPLICANT FOR WILLIAM C. WALSH, 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. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-743 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. 1193. City Manager Bill Eisen stated the property is located south of Broadway and west of SH 288. The applicant has no specific uses in mind, but would like to zone the property A at this time in order to have the opportunity to settle if the right users come along. Page 5 of 20 — 11/08/2004 Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-744 — 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 0.34 ACRE TRACT OF LAND LOCATED IN THE W.D.C. HALL SURVEY, ABSTRACT 70, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED SOUTH OF BROADWAY STREET (FM 518), AND WEST OF LIBERTY DRIVE) (APPLICATION NO. 1194) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-4) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF OSBORN AND VANE ARCHITECTS, APPLICANT FOR DONYA LLC, 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. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-744 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for denial of Application No. 1194. Jay Javadi, 13630 Beamer Road, addressed Council and stated he is the agent for the owner of this property. He gave information regarding the property, and stated on the east side of the property there is a detention pond. They do not think that this piece of property is suitable for retention. They exchanged this land with the City in order to allow a right turn. He asked Council to approve the zone change request. Councilmember Marcott stated he could not support this because the property is too small to meet the requested zoning. Voting "Aye" None. Voting "No" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Motion Failed 5 to 0. J Page 6 of 20 —11 /08/2004 FIRST READING OF ORDINANCE NO. 509-745 — 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 1.00 ACRE TRACT OF LAND, TRACT 9A5A, ABSTRACT 546, H.T. & B.R.R. COMPANY SURVEY, BRAZORIA COUNTY, TEXAS (LOCATED AT 6313 TERRELL DRIVE) (APPLICATION NO. 1195) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JOSE CARLOS SALDIVAR, 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. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-745 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. 1195. City Manager Bill Eisen stated the applicant has indicated that they have filed the request in order to add on to an existing single-family home located on the property. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-746 — 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 3.394 ACRES OF LAND, BEING A PART OF LOT 7 OF THE ALLISON RICHEY GULF COAST HOME COMPANY'S SUBURBAN GARDENS SUBDIVISION OF SECTION 21, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 309, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT AS RECORDED IN VOLUME 2, PAGES 23 AND 24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF BROADWAY STREET (FM 518) AND ON THE EAST SIDE OF OWER LANE) (APPLICATION NO. 1196) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF BRAZOSPORT CARDIOLOGY, APPLICANT FOR CHARLES W. KENNEDY, JR., TRUSTEE, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE Page 7 of 20 — 11/08/2004 DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Ms. Lata Krishnarao, Planning Manager. Councilmember Cole made the motion, seconded by Councilmember Marcott, to approve Ordinance No. 509-746 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. 1196. City Manager Bill Eisen stated the applicant has indicated that if the zone change is approved, the intent is to construct an office building on the property. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-747 — 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 11.6053 ACRES, BEING THE REMAINDER OF LOT 8, HICKORY PLACE SUBDIVISION, ABSTRACT 310, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF HUGHES RANCH ROAD (CR 403), AND EAST OF BRYAN COURT) (APPLICATION NO. 1198) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (R -E) AT THE REQUEST OF AFIS AND NICHOLE OLAJUWON, 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. Ms. Lata Krishnarao, Planning Manager. Councilmember Tetens made the motion, seconded by Councilmember Marcott, to approve Ordinance No. 509-747 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. 1198. City Manager Bill Eisen stated the applicant wants to construct one single-family residence on the property upon approval of the request. Page 8 of 20 —11 /08/2004 Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — APPOINTMENT OF MEMBERS TO SERVE ON THE OLD TOWNSITE COMMITTEE. Mr. Nick Finan, Executive Director of Community Services. Mayor Pro -Tem Vitorin made the motion, seconded by Councilmember Cole, to table the appointment of members to serve on the Old Townsite Committee. City Manager Bill Eisen stated the City has employed a firm of H3 Designs to work with the City and residential property owners located in the Old Townsite. H3 Designs will develop some plans for revitalization of the Old Townsite. It was recommended that the committee be formed of stakeholders and interested people to work with the firm in an advisory capacity. The firm suggested the committee total should be composed of nine to twelve members. As many as fifteen could be used and still maintain a functioning group. A list of names has been suggested and has been presented to Council. Mayor Reid stated when the process was first started, Executive Director of Community Services Nick Finan contacted the president of the Pearland Historical Society to get information on stakeholders who would have a good feel for the Old Townsite. Executive Director of Community Services Nick Finan stated preferably nine to twelve stakeholders would be suitable for the committee. We currently have nineteen candidates. Discussion ensued among Council and Staff regarding the committee. Councilmember Marcott stated there are residents within the area that need to be included. Executive Director of Community Services Nick Finan recommended Council to fill some of the positions and possibly fill the remaining spots at a later time. This way a core committee could be created. Councilmember Marcott stated he noticed that the northwest portion of the Old Townsite is well represented by citizens. The southeast has only one business owner. There are not a lot of residents in this area, but residents should be chosen from each area. It is difficult to pick committee members with the limit of nine to twelve people for the committee. He named the different stakeholders that need to be included. Mayor Reid stated there are twelve that live within the area and seven that live outside Page 9 of 20 —11 /08/2004 the area. This makes a total of nineteen. Some of those that live outside the area have businesses located in the Old Townsite. Councilmember Marcott stated he is not discounting anyone, but residents need to be found and included from the southwest area. Discussion ensued among council regarding the different areas of the Old Townsite. Executive Director of Community Services stated the majority of the names were given as choices. The names were given as a suggestion and or choice for Council to decide which ones would be placed on the committee. Mayor Pro -Tem Viktorin asked if all the people have been contacted and or agreed to serve on the committee. Executive Director of Community Services stated they have not been contacted. Mayor Pro -Tem Viktorin recommended that the individuals be contacted to see if they are interested before making a decision. If a certain number is appointed at this time, Council is not sure if those members would be able to serve. Councilmember Cole stated he asked that Mr. McGuff be placed on the list. He had an opportunity to speak with Mr. McGuff and he does want to serve on the committee. He stated Council is going to have a difficult time finding residents willing to serve from the southeast quadrant because there are only a few. Mayor Reid gave some additional names of people who reside in the Old Townsite community. Additional discussion ensued among Council and Staff regarding additional names for possible committee members. Mayor Pro -Tem Viktorin recommended that the individuals be contacted prior to appointing the committee members. This may help with the numbers for the final decision. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-184 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY Page 10 of 20 — 11/08/2004 -- MANAGER OR HIS DESIGNEE TO ENTER INTO A LETTER OF AGREEMENT WITH BEAZER HOMES TEXAS, L.P., FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE PEARLAND PARKWAY ROUND -A -BOUT. Mr. Alan Mueller, Deputy City Manager. Councilmember Tetens made the motion, seconded by Councilmember Cole, to table Resolution No R2004-184 to give Staff an opportunity to discuss the agreement with Mr. Olsen of Beazer Homes. City Manager Bill Eisen stated Council has heard from Mr. Olsen previously regarding landscaping on the Pearland Parkway round -about. He has presented some plans, which include pear trees and signs. A letter of agreement has been drafted, summing out the costs that will be covered by Beazer and the costs that will be covered by the City. Mayor Reid stated the City was planning to put a monument on Pearland Parkway. He discussed the current monuments designating the entrances into the City of Pearland. He stated this possibly could be used as the entrance monument for Pearland Parkway with some modifications included. City Manager Bill Eisen stated this could be used for the entrance monument on Pearland Parkway. Modifications could be made to the monument in order to reach the standard size currently used. Executive Director of Community Services stated Staff took a look at sight visibility issues. This is why everything is pulled away from the curve. This allows the vehicles to have the appropriate line of sight. The height of the monument is not a concern because it has been pulled away from the curve. Councilmember Marcott stated he has some concerns regarding the small scale currently being used versus the promised landscaping during earlier discussions. He does not think this is an acceptable resolution compared to what was said previously. He does not support this resolution. Councilmember Owens stated further review was going to take place regarding the details of the previous discussions with Mr. Olsen. Mayor Reid stated he does not think Council is ready to make a decision on this until the reviewed information is given. City Manager Bill Eisen stated to his knowledge, Deputy City Manager Alan Mueller has not had the chance to review the information discussed previously. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Page 11 of 20 —11 /08/2004 Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-185 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AN UPDATE OF THE MASTER PARKS PLAN. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2004-185. City Manager Bill Eisen stated this item is regarding a previous Public Hearing discussion. A list of types of projects and priorities was discussed regarding the Master Parks Plan. A grand application will be presented in the very near future. The intent here is to develop a plan so that whatever is submitted is part of the plan. Michael Klaus, 5016 Groveton, addressed Council and stated this is the first step as discussed during the Public Hearing. There are several opportunities for additional ways for the City to pursue the parks plan and development, including things along the Clear Creek Project, the Corps of Engineers, the Texas Parks and Wildlife, and other agencies. This is a good first. He asked Council to go ahead and look at the Clear Creek Project. City Manager Bill Eisen stated those are good suggestions given by Mr. Klaus. The `J current Parks Master Plan includes trail systems all along the creeks and tributaries to Clear Creek. He does expect some changes to take place regarding the Clear Creek Project. Grand funding from the Corps of Engineers will assist with recreational opportunities associated with this project. Councilmember Owens asked if the update would have to go before the Parks and Recreational Board. Parks & Recreation Director Rhonda Cyrus stated it would not have to go before the Parks and Recreational Board. Councilmember Marcott complemented Parks & Recreational Director Rhonda Cyrus for her hard work with developing the plan. This is a good thing and very useable for the citizens within the community. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Page 12 of 20 — 11/08/2004 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 30-35, ENTITLED CHARGES REQUIRED, SECTION 30-36, ENTITLED REFUND OF DEPOSIT, 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. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 301-2 on its first reading. City Manager Bill Eisen stated this proposed Ordinance would make several changes in regards to utility deposits and utility collections by the water and sewer system. One would allow garbage only customers and water, wastewater, and garbage customers. It would allow customers with three years of continuance good payment history to have their deposits returned and credited to their utility accounts. This is something that is currently being done by half of the cities in the area. It also allows those customers who are sixty years of age or older to have twenty-five days to pay their utility bill. Twenty days is the standard for other customers within the community. Finally, it would allow delinquent customers who are over the age sixty to receive thirty-five days before service will be disconnected. A provision would also be placed within the Ordinance that allows for meter testing if requested by a customer. The customer would have to pay a deposit prior to the meter testing and if the meter is proven to be defected, then the customer would receive their deposit back. If the meter is working properly, then the deposit would pay for the meter testing. Mayor asked about re -reads being conducted on the water meters if a customer complains about the amount of water being consumed, as stated on their billing. City Manager Bill Eisen stated re -reads would be routinely done. This provision is only in place if a customer wants their meter tested for accuracy. Councilmember Marcott asked if the City will have a form to fill out regarding the utility deposit refund. Director of Finance Andrea Gardner stated customers would not need to fill out a form, but submit a letter stating they want the deposit credited to their accounts. Page 13 of 20 —11 /08/2004 Councilmember Marcott stated if a form is used, then a record of the request would be on file. Director of Finance Andrea Gardner stated a form probably would work better. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-182 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 AUTHORIZING THE ISSUANCE OF $4,440,000 UNLIMITED TAX BONDS, SERIES 2004. Mr. Darrin Coker, City Attorney. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Viktorin, to approve Resolution No. R2004-182. City Manager Bill Eisen stated this item is a request for Council to consent to the issuance of additional debt. Based upon the review of the proposed debt service schedule, this does not extend out past the current expiration date of the debt service schedule. Councilmember Cole asked if all the expenses have been reviewed and are they legal expenses reimbursable through a Municipal Utility District. City Attorney Darrin Coker stated he does not know if land acquisition costs are reimbursable; however, this would have to go through the Attorney General's Office. They would have to approve it. The legalities of the reimbursables are not reviewed through the City Attorney's Office. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — DIRECTIVE TO STAFF TO INITIATE A SERVICE PLAN FOR THE ANNEXATION OF THE SPECTRUM AREA EAST, THE SPECTRUM AREA WEST, AND VILLA VERDE. Mr. Alan Mueller, Deputy City Manager. Page 14 of 20 — 11/08/2004 Councilmember Cole made the motion, seconded by Councilmember Tetens, to approve the directive to Staff to initiate a service plan for the annexation of the Spectrum Area East, the Spectrum Area West, and Villa Verde. City Manager Bill Eisen stated Council recently held a workshop on the potential annexation of these three areas. This item is a result of the workshop and asks Council to authorize the preparation of the service plan and annexation of the area. The only limitation Council has is regarding the agreement recently approved with LNR Properties. This agreement approves the annexation of an area that includes portions of both the east and west areas. Councilmember Tetens stated it would be foolish not to go ahead and annex the entire area at this time. This would allow the City to control what is developed within the area. Councilmember Cole stated, if it is going to be done anyway at some point, then it should be done all at one time. Councilmember Marcott asked for the amount of acreage that will not be in the City. City Manager Bill Eisen stated there would be approximately 100 to 125 acres not within the City. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1186 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF A MONUMENT SIGN INTO THE CITY'S RIGHT-OF-WAY AT THE INTERSECTION OF BAILEY ROAD AND LAWRENCE PLACE. Mr. Darrin Coker, City Attorney. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1186 on its first reading. City Manager Bill Eisen stated this is a request from a developer to place a entry sign in the median at the entrance of Lawrence Place located off of Bailey Road. Councilmember Cole asked if this type of request could be handled on the front end of the development during the platting phase. City Attorney Darrin Coker stated he believes that this could be done during platting. Page 15 of 20 —11 /08/2004 Pierre Nys Developer stated generally the designs of the entryways are completed after the development. The sign design and how it is going to affect the surrounding area is not known at that time. Councilmember Cole stated he is not disagreeing with the current timeframe of this request. He only wants the signage to be included if adequate information is available during platting. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-181 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING AND REAPPOINTING MEMBERS OF VARIOUS CITY BOARDS AND COMMISSIONS. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Viktorin, to approve Resolution No. R2004-181. City Manager Bill Eisen stated this involves reappointment of members to various City Boards and Commissions. These members have indicated that they are willing to serve another term. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1187 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A CERTAIN TWENTY FOOT (20') SANITARY SEWER EASEMENT RECORDED IN VOLUME 1506, PAGE 508 OF THE PLAT RECORDS OF, BRAZORIA COUNTY, TEXAS, WITHIN THE CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to table Ordinance No. 1187 on its first reading to await further information and discussion regarding an amount of value of the property. Page 16 of 20 —11 /08/2004 City Attorney Darrin Coker stated Council has the option to abandon the easement at this time or tabling and waiting until an amount is determined. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-748 — 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 29.3049 ACRES OF LAND OUT OF TRACT 162 OF THE W. ZYCHLINSKI SUBDIVISION OF SECTION 28, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 551, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 29, PAGE 9, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, AND BEING A PART OF THE LANDS DESCRIBED IN DEED TO R. WEST DEVELOPMENT CO., INC., RECORDED UNDER BRAZORIA COUNTY CLERK'S FILE NO. 99-040666, AND A DEED TO RAVENWOOD SECTION 3, LTD., RECORDED UNDER BRAZORIA COUNTY CLERK'S FILE NO. 02-037050, BOTH OF THE OFFICIAL PUBLIC RECORDS OF BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF FUTURE PEARLAND PARKWAY, AND NORTH OF INDUSTRIAL DRIVE) (APPLICATION NO. 1174) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-4) TO PLANNED UNIT DEVELOPMENT (PUD) AT THE REQUEST OF R. WEST DEVELOPMENT COMPANY, INC., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Ms. Lata Krishnarao, Planning Manager. Councilmember Marcott made the motion, seconded by Councilmember Cole, to approve Ordinance No. 509-748 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. 1174. City Manager Bill Eisen stated this is a planning development on a piece of property located south of the Town Lake Subdivision. It is proposed as Planned Unit Development for senior citizen type housing. The Planning & Zoning Commission has voted 5 to 2 to approve the zoning request with one condition. The condition of ten -foot high masonry walls is recommended by the Planning & Commission. Councilmember Marcott stated in discussions regarding this item, it was stated that a Page 17 of 20 — 11/08/2004 possible emergency gate would be placed on the access easement. He asked if this was part of the discussions with the Staff and the applicant. Executive Director of Community Services Nick Finan stated this was not discussed with the applicant. He stated this is something typically required by the Fire Marshal. Councilmember Marcott stated the emergency entrance needs to be included because there is only one entrance and exit at the present time. Discussion ensued among Council and Staff regarding the masonry fence requirements. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-749 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 5.00 ACRES OF LAND BEING THE WEST HALF OF LOT 19, ALLISON RICHEY GULF COAST HOME COMPANY'S SUBURBAN GARDENS SUBDIVISION OF SECTION 80, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 564, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGE 98 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (LOCATED AT 12216 WEST BROADWAY STREET) (APPLICATION NO. 1197 & SPECIFIC USE PERMIT APPLICATION NO. 136) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT — SPECIFIC USE PERMIT (R -1(S)) FOR A CHURCH AND CHURCH FACILITIES AT THE REQUEST OF PASTOR KEITH ANDERSON, APPLICANT FOR PEARLAND NEW HARVEST CHRISTIAN FELLOWSHIP, INC., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Ms. Lata Krishnarao, Planning Manager. Councilmember Cole made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-749 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. 1197 & Specific Use Permit Application No. 136. Page 18 of 20 —11 /08/2004 City Manager Bill Eisen stated this is the existing church property and would accommodate the existing building by bringing it into conformance and also allow the church to expand. The church has been located in this vicinity for several years. Councilmember Marcott asked for clarification regarding the masonry fencing. Executive Director of Community Services Nick Finan stated the fencing would surround all sides of the property. Councilmember Cole asked for clarification regarding the building. Executive Director of Community Services Nick Finan stated this is referring to the entire property including the existing building and expansion. Councilmember Cole asked for clarification regarding the existing building that needs to be brought into conformance. Executive Director of Community Services Nick Finan stated this is regarding the fences and landscaping requirements. The facade is only required for the new portion. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:45 p.m. to discuss the following: NEW BUSINESS (CONTINUED): EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING THE CITY OF PEARLAND CODE OF ORDINANCES. Mr. Darrin Coker, City Attorney. 2. SECTION 551.074 — PERSONNEL MATTERS: REVIEW OF APPLICANTS FOR THE APPOINTMENT TO SERVE AS ASSOCIATE MUNICIPAL COURT JUDGE. City Council. Page 19 of 20 — 11/08/2004 NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:00 p.m. COUNCIL ACTION — REGARDING THE CITY OF PEARLAND CODE OF ORDINANCES. City Council. No Council action taken. COUNCIL ACTION — REGARDING THE APPOINTMENT OF AN ASSOCIATE MUNICIPAL COURT JUDGE. City Council. Councilmember Marcott made the motion, seconded by Councilmember Owens, to appoint Tish Farnie to serve as Associate Municipal Court Judge. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. ADJOURNMENT Meeting was adjourned at 11:01 p.m. Minutes approved as submitted and/or corrected this the 22nd day of November , A.D., 2004. Tom Reid Mayor ATTEST: Page 20 of 20 —11 /08/2004