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2005-02-14 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON FEBRUARY 14, 2005, 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 Larry Marcott Councilmember Kevin Cole City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Absent: Councilmember Woody Owens. Others in attendance: Deputy City Manager Alan Mueller; 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 Gardner; Parks and Recreation Director Rhonda Cyrus; Public Works Director Jerry Burns; EMS Director Jeff Sundseth; Purchasing Officer Gordon Island; Project Director Joe Wertz; Senior Planner Theresa Grahmann. The invocation was given by Councilmember Kevin Cole and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported on January 25 he attended an Open House at the University of Houston Clearlake Center Pearland and also participated in a videotaping for the Bay Area Transportation Partnership television ad; January 26 he attended a Parks Department Presentation to Brazoria Drainage District No. 4, a Pearland Arts League Board of Directors Meeting, spoke at an Exchange Club Luncheon, and attended the Alliance of Port Region Executive Board Meeting; January 27 he attended a Ribbon Cutting Ceremony for two new businesses, an Alliance of Port Region Board Workshop, and a Bay Area Transportation Partnership Board of Directors Meeting; January 28 he attended the HGAC Transportation Policy Council Board of Directors Meeting, and lunch with a Citizen Group; January 29 he attended a Keep Pearland Beautiful TV Channel 13 Photo Event and the School District International Festival; January 31 participated in a TV Channel 11 taping and gave comments regarding the Save Watts Program at Mavek School located in Shadow Creek Ranch and attended a Council Workshop; February 1 spoke at the Bay Area Builders Association Monthly Meeting; Page 1 of 22 — 2/14/2005 February 2 met with the President of Freese Nichols Engineering Firm; February 3 attended Friendswood Mayor's State of the City Address, met with PISD Dr. Penner and Indian Group, and attended the Monthly Southeast Shrine Club Meeting; February 4 he met with the Pearland College Center Staff, Pearland Regional Hospital Board, attended a meeting with Alan Mueller and Marie Fleckinger on local issues, and presented a Proclamation to Coach Steve Buckelew for winning 200 Pearland games; February 5 attended a dinner honoring Governor Rick Perry; February 6 attended the 3rd Annual Wrestlers Reunion; February 7 attended an Agenda Meeting, a School District Education Improvement Committee Meeting, had photo taken for HCA Ground Breaking Event, and attended a Council workshop; February 9 he attended Mike Master's GIS presentation to Staff and an Adult Reading Center Board of Directors Meeting and an Adult Reading Center Board of Directors Meeting; February 10 he attended the Parks Department and YMCA review of the Parks Grant; February 11 he conducted a Mayor's Scout Breakfast and a Ground Breaking Ceremony for South Ford Dealership; February 11 — 14 he attended a Mayors and Councilmen Association Annual Meeting in Austin. COUNCIL ACTIVITY REPORTS: Passed. CITY MANAGER'S REPORT City Manager Bill Eisen reported the Corps of Engineers has been studying the Clear Creek Project for a number of years and last year funding was reinstated to continue the process. This year the process for receiving funds again has been started. This funding will allow the continuation of the project. CITIZENS Michael Klaus, 5016 Groveton, addressed Council and stated the Houston Chronicle had an article regarding Old Town Centers and he thinks Council should take a look at this article. He stated he attended a meeting held by Rice University, Shell, and the British Consulte. They stressed that quality of life is an important issue and concern. He gave some additional comments regarding the Old Townsite plans and asked Council to attend some of the meetings. He reminded Council of Clear Creek Steering Committee meeting being held tomorrow. Jesus Guardado, 3030 Helmsley Drive, addressed Council and stated he would like to receive some information on what city services are available for the property he recently purchased in Pearland. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: Page 2 of 22 — 2/14/2005 A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the January 24, 2005, Public Hearing held at 6:30 p.m. 2. Minutes of the January 24, 2005, Public Hearing held at 6:30 p.m. 3. Minutes of the January 24, 2005, Regular Council Meeting held at 7:30 p.m. 4. Minutes of the January 31, 2005, Special Meeting held at 7:00 p.m. 5. Minutes of the February 7, 2005, Special Meeting held at 6:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE OF LAKES OF HIGHLAND GLEN SECTION 5. Mr. Doug Kneupper, City Engineer. C. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE OF PEARLAND PARK ESTATES. Mr. Doug Kneupper, City Engineer. D CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE OF SHADOW CREEK RANCH SF 37. Mr. Doug Kneupper, City Engineer. E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1201 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A CERTAIN SIXTEEN FOOT (16') UTILITY EASEMENT RECORDED IN VOLUME 20, PAGE 5-6 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. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2005-30 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT PRICE SUPPLY CONTRACT FOR DITCH CLEANING SERVICES. Mr. Bill Eisen, City Manager. G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2005-31 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT PRICE SUPPLY Page 3 of 22 — 2/14/2005 CONTRACT SIDEWALK, WHEELCHAIR RAMP, DRIVEWAY, AND STREET AND CURB MAINTENANCE SERVICES. Mr. Bill Eisen, City Manager. H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2005-36 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT REPORT FOR THE QUARTER ENDING DECEMBER 2004. Mr. Bill Eisen, City Manager. I. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2005-37 — 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 CITY OF NEDERLAND FOR COOPERATION IN THE PURCHASE OF WATER METERS. Mr. Bili Eisen, City Manager. Councilmember Tetens made the motion, seconded by Councilmember Cole, to adopt Consent Agenda Items A through I as presented on the Consent Agenda. Voting "Aye" Councilmembers Tetens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. MATTERS REMOVED FROM CONSENT AGENDA: None. NEW BUSINESS Mayor Reid, with Council concurrence, moved to New Business Item No. 20. COUNCIL ACTION — RESOLUTION NO. R2005-42 — RESOLUTION OF THE CITY OF PEARLAND, TEXAS, APPROVING THE RESOLUTION AUTHORIZING THE ISSUANCE OF THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE AND REFUNDING BONDS, SERIES 2005; AUTHORIZING A CONTINUING DISCLOSURE UNDERTAKING IN CONNECTION WITH SUCH BONDS; AUTHORIZING THE EXECUTION OF AN AMENDED AND RESTATED AGREEMENT REGARDING THE CONSTRUCTION AND MAINTENANCE OF STREETS AND ROAD AND DRAINAGE AND RELATED IMPROVEMENTS; AND MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECTS. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Tetens, to Page 4 of 22 — 2/14/2005 approve Resolution No. R2005-42. City Manager Bill Eisen stated earlier tonight the Economic Development Corporation Board of Directors voted to approve the sale of the bonds. The sale of the bonds will finance the construction of a portion of Kirby Drive, an extension in the Spectrum area, and refund debt originally issued by the Economic Development Corporation in 1997. Ryan O'Hara of RBC Dain Rauscher gave a brief report regarding the interest rates in the City's market with regards to revenue bonds. He stated approximately $20,000 a year will be saved because of the interest rates. The bond issuance would be approximately $11 million, $6.5 million is for projects and the remainder is for refinancing. The interest rate would be at 3.99%. Councilmember Cole asked for number of years the bonds were refinanced. Mr. O'Hara stated the financing would be covered by 2016. The issuance went out twenty-two years. Rick Witte of Andrews and Kurth stated the resolution does two things. It approves the Economic Development Corporation sale of bonds. It also approves an agreement between the Economic Development. Corporation and the City. The City agrees to construct the project on behalf of the Economic Development Corporation and maintain the project. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. Mayor Reid, with Council concurrence, moved back to the regular order of business. FIRST READING OF ORDINANCE NO. 509-754 — 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 2.488 ACRES OF LAND OUT OF LOT 5, HICKORY PLACE SUBDIVISION, ABSTRACT 310, H.T. & B.R.R. COMPANY SURVEY, AS RECORDED IN VOLUME 18, PAGE 333, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED SOUTH OF HUGHES RANCH ROAD (CR 403), AND ON THE EAST SIDE OF BRYAN COURT) (APPLICATION NO. 1202) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (R -E) AT THE REQUEST OF LARRY AND Page 5 of 22 — 2/14/2005 LADONNA RANDLE, 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. Nick Finan, Executive Director of Community Services. FIRST READING OF ORDINANCE NO. 509-755 — 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 22-13, SHARONDALE SUBDIVISION, ABSTRACT 546, H.T.& B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 6305 SHARONDALE STREET) (APPLICATION NO. 1205) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF FERNANDO PENA, 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. Nick Finan, Executive Director of Community Services. FIRST READING OF ORDINANCE NO. 509-756 — 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 10, BLOCK 1, OF COLONIAL ESTATES SUBDIVISION, ABSTRACT 509, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED ON THE WEST SIDE OF MCLEAN ROAD, AND NORTH OF COLONIAL DRIVE) (APPLICATION NO. 1209) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF DOUG MINKOFF, 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. Nick Finan, Executive Director of Community Services. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-754, Ordinance No. 509-755, and Ordinance No. 509-756 on the first readings. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 1202, 1205, and 1209. City Manager Bill Eisen stated all items are similar in the fact of the applicants requesting to build single-family homes on the properties. Page 6 of 22 — 2/14/2005 Voting "Aye" Councilmembers Tetens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent FIRST READING OF ORDINANCE NO. 509-757 — 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 15.0832 ACRES OF LAND, BEING ALL OF LOT 60 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 85, ABSTRACT 304, H. T. & B.R.R. COMPANY SURVEY, RECORDED IN VOLUME 2, PAGE 107 OF THE BRAZORIA COUNTY PLAT RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF FM 518 (BROADWAY STREET), AND ON THE WEST SIDE OF COUNTY ROAD 90 (HOOKS ROAD)) (APPLICATION NO. 1203) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF JAN CARRICO, APPLICANT FOR GEORGE RAN ON BEHALF OF HATTIE MAE WOOD, VIRGLE WOOD HAWK, BEATRICE WOOD THERIOT, LESLIE GORDON LIERE, AND RICHARD DOUGLAS LIERE, 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. Nick Finan, Executive Director of Community Services. Councilmember Cole made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-757 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. 1203. City Manager Bill Eisen stated this property is located on the north side of FM 518 between CR 90 and Miller Ranch Road. The proposed use is for the construction of a retail center. Voting "Aye" Councilmembers Tetens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. Page 7 of 22 — 2/14/2005 FIRST READING OF ORDINANCE NO. 509-758 — 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 6.40 ACRES OF LAND, OUT OF TRACT 54, F B DRAKE SUBDIVISION, ABSTRACT 506, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF CULLEN BOULEVARD, AND SOUTH OF HUGHES RANCH ROAD (CR 403)) (APPLICATION NO. 1204) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF ANDREW AND KATHRYN SHAW, 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. Nick Finan, Executive Director of Community Services. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Viktorin, to approve Ordinance No. 509-758 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. 1204. City Manager Bill Eisen stated because there is a negative recommendation from the Planning & Zoning Commission it would be necessary for the City Council to have at least a vote of three-quarters from the Council in favor of the Ordinance in order to be approved. Ken Waldman, 4115 Flamingo Ct., addressed Council and stated he lives directly behind the property. There are 137 houses in the neighborhood and he understood that the majority of those residents signed a petition in opposition of the zone change. He stated he would never have purchased his home if he knew the property neighboring him would be used for business purposes. Robert Philbrook, 4019 Crystal Lake Circle South, addressed Council and stated his subdivision is yet to be annexed into Pearland, but was invited to make comments regarding the proposed zone change because his area will be annexed into Pearland in 2006. He is against the rezoning of the property because it does not fit in with the general area, additional traffic, and the adverse affect on quality of life for the residents. He stated the quality of life is very important to the residents of the Crystal Lake Subdivision and surrounding subdivisions. Residential should be kept residential and not be changed. Greg Morrison, 1307 Teal Court South, addressed Council and stated he lives in the Crystal Lake Subdivision and is against the zone change. He stated he has a concern Page 8 of 22 — 2/14/2005 regarding possible property reduction if the property is rezoned. Councilmember Cole asked for clarification regarding the recommendation letter submitted from the Planning & Zoning Commission. Executive Director of Community Services Nick Finan reported an explanation is given within a 2003 document submitted by the City's consultants explaining that Cullen Road is currently mix use and should become generally commercial. The Citizen Advisory Committee gave comments stating more restraints on the nonresidential need to take place. Shortly after the comments, in 2004 the City's consultants updated their comments by stating within each mix use district on Cullen and Gardner Roads acceptable land uses would be specifically defined, though existing with the types that currently exist. The majority of the non-residential uses would become nonconforming and adjacency standards would be setup for those areas that have both residential and non residential. He gave some additional information regarding possible things that may be in conflict with the soon to be adopted Unified Development Code. Councilmember Marcott stated he believes that the 2003 meeting document, mentioned by Mr. Finan, represented that residential aspect applied to the area north of CR 403 because of the subdivisions in that area. Mayor Pro -Tem Viktorin asked if there would be any spot zoning issues. City Attorney Darrin Coker stated this is a mix -use district. Councilmember Marcott stated he is not in favor of this property becoming a future cemetery because this takes away the tax value of the property. Voting "Aye" None. Voting "No" Councilmembers Tetens, Viktorin, Marcott, and Cole. Motion Failed 4 to 0, with Councilmember Owens absent. FIRST READING OF ORDINANCE NO. 509-759 — 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 7.5424 ACRES OF LAND IN THE THOMAS GREENE SURVEY, ABSTRACT 198, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF PEARLAND PARKWAY, AND SOUTH OF BARRY ROSE ROAD) (APPLICATION NO. 1208) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF JOE MCELYA, APPLICANT FOR Page 9 of 22 — 2/14/2005 BEEMAN STRONG, 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. Nick Finan, Executive Director of Community Services. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Cole, to approve Ordinance No. 509-759 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. 1208. City Manager Bill Eisen stated the applicant indicated the intent is to construct a daycare center at the location. Councilmember Marcott asked if there would be crosswalks or school zones for the area. Joe McElya, 10303 Dell Court, Missouri City, TX, addressed Council and stated there is not a necessity for a school zone for the property. Executive Director of Community Services stated since the daycare would be located on a City roadway, it is the City's discretion to allow or not allow a school zone or crosswalk for the property. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. FIRST READING OF ORDINANCE NO. 509-760 — 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 1 AND 2, BLOCK 2, OF CREEKVIEW NO. 2, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 2206 E. BROADWAY) (SPECIFIC USE PERMIT APPLICATION NO. 139) FROM CLASSIFICATION NEIGHBORHOOD SERVICE DISTRICT (NS) FOR A SPECIFIC USE PERMIT FOR AN UNSCHEDULED/NEW BUSINESS SERVICE USE, IN THE NEIGHBORHOOD SERVICE DISTRICT (NS(S)) AT THE REQUEST OF RICHARD LAUGHLIN, APPLICANT FOR VIRGIL GANT AND DEBORAH GANT — DBA CIRCLE PLAZA, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN Page 10 of 22 — 2/14/2005 EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-760 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Specific Use Permit Application No. 139. City Manager Bill Eisen stated this case involves a specific use permit because the requested use it is not on a schedule or listed use in any of the land use tables or Zoning Ordinance. It is a type of use that utilizes the production of signs through digital painting. Voting "Aye" Councilmembers Tetens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. FIRST READING OF ORDINANCE NO. 509-761 — 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 6.00 ACRES, BEING PART OF AND OUT OF LOT 178, ZYCHLINSKI SUBDIVISION OF SECTION 28, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 551 (G.C. SMITH SURVEY), CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 4430 DIXIE FARM ROAD) (APPLICATION NO. 1206) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF MERLIN G. HOISETH, APPLICANT FOR REACTOR SERVICES INTERNATIONAL, INC., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. Councilmember Cole made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-761 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. 1206. City Manager Bill Eisen stated this is to accommodate the expansion of an additional warehouse operation. Page 11 of 22 — 2/14/2005 Voting "Aye" Councilmembers Cole, Marcott, Viktorin, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION — RESOLUTION NO. R2005-33 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE THELMA DRIVE AND PINE HOLLOW DRAINAGE IMPROVEMENTS. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2005-33. City Manager Bill Eisen stated during the last fiscal year for the first time funds were included in the annual operating budget for miscellaneous small drainage improvements. This item would award a bid for construction services in the amount of $129,486 for Thelma Drive and the Pine Hollow Subdivision. Nancy Kozanecki, 3705 Pine Branch, addressed Council and stated she represents the Pine Hollow Subdivision and they are in favor of this resolution. She asked Council to delay part of the restructure construction until a better determination has been made only if it is part of the current bid construction services. She gave additional comments regarding a letter of commitment and a $25,000 commitment that was given by the Pine Hollow Homeowners' Association to the City of Pearland for drainage improvements to the subdivision. Councilmember Marcott asked if the City has conducted business with this contractor previously. City Engineer Doug Kneupper stated the Company has conducted business with City. One recent project was the waterline construction along Pearland Parkway and FM 518. Councilmember Cole asked if the rear structure is included within this bid. City Engineer Doug Kneupper stated the rear structure is not a part of the construction contract at the present time. It was part of the design services that Othon provided. Mike Yost of the Brazoria Drainage District No. 4 is working with a pipeline company regarding this area because of some stabilization issues. Voting "Aye" Councilmembers Tetens, Viktorin, Marcott, and Cole. Voting "No" None. Page 12 of 22 — 2/14/2005 Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION — RESOLUTION NO. R2005-35 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID AND APPROVING CHANGE ORDER NO. 1 FOR MITIGATION SERVICES ASSOCIATED WITH THE PEARLAND PARKWAY WETLANDS MITIGATION PROJECT. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Tetens to approve Resolution No. R2005-35. City Manager Bill Eisen stated this item involves the construction and planning of a 25 - acre wetlands area on City property. The purpose of the construction is to provide mitigation for wetlands that were removed as part of the construction of Pearland Parkway. Some of this involves an original design and some of it is as a result of an encroachment into a wetlands area on a past project. Mayor Pro -Tem Viktorin asked if the City is attempting to get help from the contractor that encroached into a wetlands area on a past project. City Manager Bill Eisen stated the City is currently pursuing this matter. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION — RESOLUTION NO. 82005-39 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE LEASE/PURCHASE OF FIVE (5) PHILLIPS HEARTSTART MRx ALS MONITORS. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Councilmember Cole, to approve Resolution No. R2005-39. City Manager Bill Eisen stated this item would provide the City the opportunity to purchase defibrillator units for the Emergency Medical Services operation. This will provide one unit on each of the ambulances and an additional one. One payment could be made now and another payment could be made the first month of the following fiscal year because this was not a budgeted item for this current year. EMS Director Jeff Sundseth stated these monitors have the latest technology in the pre - Page 13 of 22 — 2/14/2005 hospital field. They will allow the expansion of patient care services to the citizens. A brief discussion ensued among Council regarding the new equipment and its advanced capabilities. Voting "Aye" Councilmembers Tetens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION — RESOLUTION NO. R2005-38 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH LANE KENDIG, INC., FOR PROFESSIONAL PLANNING SERVICES ASSOCIATED WITH UPDATE OF THE MASTER PARKS PLAN. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Councilmember Tetens, to approve Resolution No. R2005-38. City Manager Bill Eisen stated this is an agreement with Lane Kendig, Inc. to update the City's Master Parks Plan. The plans currently in place now were developed in the late 90's and in order to meet the requirement of the Texas Parks and Wildlife. In order to be eligible for any Texas Parks and Wildlife grants it is necessary to update the Master Parks Plan. He stated this would not affect the current pending grant application. Councilmember Marcott asked if the new Parks & Recreation Board was involved in this item. Parks & Recreation Director Rhonda Cyrus stated there was one member from the Parks & Recreation Board served on the selection committee. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION — RESOLUTION NO. R2005-40 — A COUNCIL OF THE CITY OF PEARLAND, TEXAS, MANAGER OR HIS DESIGNEE TO ENTER INTO PEARLAND AREA CHAMBER OF COMMERCE FOR SERVICES. Mr. Bill Eisen, City Manager. Page 14 of 22 — 2/14/2005 RESOLUTION OF THE CITY AUTHORIZING THE CITY A CONTRACT WITH THE MARKETING AND TOURISM �. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Viktorin, to approve Resolution No. R2005-40. City Manager Bill Eisen stated the Council has conducted two workshops regarding this issue over the past few months. The agreement before Council tonight is as a result of those workshops. This agreement provides for the Chamber of Commerce to do tourism promotions within the City utilizing funds from the City's Hotel/Motel Tax. Several provisions are included within the resolution relating to tourism promotion only. Other areas supported by the funds will remain under Council's direct supervision. A separate account for these funds will be set-up by the Chamber and periodical reports regarding funds will be given to the City Council regarding the expenditures and uses of the funds. Mayor Reid gave additional information regarding the initial set-up of the Hotel/Motel Tax and the partnership with the Chamber of Commerce. President of Pearland Chamber of Commerce Carol Artz stated she is very appreciative of the trust Council displays. They will be able to proceed and market the community for tourism purchases. Voting "Aye" Councilmembers Tetens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION — RESOLUTION NO. R2005-32 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH KIRST KOSMOSKI, FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE STATE HIGHWAY 35 SOUTH SANITARY SEWER PROJECT. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2005-32. City Manager Bill Eisen stated this project is part of the Wastewater Master Plan and is only for engineering designs. Kirst Kosmoski will be completing the services. Councilmember Marcott asked for information regarding the portion of the project covered by surveying. Project Director Joe Wertz stated the surveying services were done about a year ago. The majority of the project is for geotechnical services. Page 15 of 22 — 2/14/2005 Voting "Aye" Councilmembers Cole, Marcott, Viktorin, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION — RESOLUTION NO. R2005-28 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH PROFESSIONAL SERVICES INDUSTRIES FOR CONSTRUCTION MATERIALS TESTING SERVICES ASSOCIATED WITH THE DIXIE FARM ROAD SANITARY SEWER PROJECT. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2005-28. City Manager Bill Eisen stated this is a contract for construction materials testing services for Dixie Farm Road Sanitary Sewer Project. The firm proposed for the contract has done similar testing for the waterlines along Dixie Farm Road. The expenditure for the services is $36,478. Voting "Aye" Councilmembers Tetens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION — RESOLUTION NO. R2005-34 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH C. L. DAVIS & COMPANY FOR SURVEYING SERVICES ASSOCIATED WITH THE MAGNOLIA STREET EXPANSION PROJECT. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2005-34. City Manager Bill Eisen stated this is phase two of the surveying for this project. Some surveying on the project was done during the preliminary investigations. This item would continue the necessary surveying for the design of the project. The proposed firm is C.L. Davis in the amount of $192,885. Councilmember Cole asked if C.L. Davis did the original surveying. Page 16 of 22 — 2/14/2005 Project Director Joe Wertz stated C.L. Davis did the original surveying and this is why the amount is lower than normal. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. FIRST READING OF ORDINANCE NO. 1203 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING GUIDELINES AND FORMS ASSOCIATED WITH THE CITY'S CONSENT TO ENCROACHMENTS INTO EASEMENTS AND RIGHTS-OF-WAY. Mr. Darrin Coker, City Attorney. Councilmember Tetens made the motion, seconded by Councilmember Cole, to approve Ordinance No. 1203 on its first reading. City Manager Bill Eisen stated this item is an issue that takes place on a very frequent basis. This item is a new policy developed by the City Attorney in consultation with various City Departments in order to handle encroachment issues administratively rather than having all come to the City Council. City Attorney Darrin Coker stated the procedure proposed through Ordinance does not differ very much from the current process. This simply allows City Administration to make decisions regarding encroachments versus the City Council. If the encroachment is rejected by Staff, through the appeal process the request for encroachment would come before Council for consideration. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION — RESOLUTION NO. R2005-29 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT PRICE SUPPLY CONTRACT FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL SERVICES. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Marcott, to approve Resolution No. R2005-29. City Manager Bill Eisen stated the new recycling center opened some months ago. This Page 17 of 22 — 2/14/2005 item would allow a contract to cover the actual cost for the pick-up and disposal of Household Hazardous Waste. A grant through the Houston Galveston Area Council was received. All of the disposal costs will be paid for as a result of the grant. The annual cost is not definite since this is the first time utilizing these services. Mayor Reid stated that this all started with Keep Pearland Beautiful bringing in local area partners to help with household hazardous waste collections. The cost for waste disposal is very expensive. Recycling Center Coordinator Wes Shows stated the recycling center has been opened since June 3, 2003. This would allow the expansion of services to the citizens of Pearland by offering the disposal of household hazardous materials. He gave a brief report on the current waste received by the recycling center. He stated the citizens have been very active in dropping off materials for recycling. Executive Director of Keep Pearland Beautiful Linda Cowles stated they want the citizens to have a place to take their household hazardous waste materials. Councilmember Marcott stated a workshop was conducted regarding the collection of funds from other entities bringing in waste to the recycling center. He asked if the City was pursuing this possibility. City Manager Bill Eisen stated the Recycling Center was going to evaluate the number of outside entities bring in waste for recycling before requesting funding from various entities. Recycling Center Coordinator Wes Shows stated the majority of the citizens are from the 77581 zip code, 77854 zip code, and Alvin area. He stated a questionnaire could be constructed to get more information on the citizens bringing in waste. A brief discussion ensued among Council and Staff regarding surrounding entities utilizing the Recyling Center waste services. Recycling Center Coordinator Wes Show gave some brief details regarding a current bill being written in order to provide state funding/reimbursement for hazardous materials disposal. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmembers Owens absent. Page 18 of 22 — 2/14/2005 COUNCIL ACTION — REGARDING "A SENIOR CITIZEN/DISABLED PERSONS PROPERTY TAX FREEZE OR AN INCREASE IN PROPERTY TAX EXEMPTIONS FOR SENIOR CITIZEN/DISABLED PERSONS." Mr. Bill Eisen, City Manager. Councilmember Tetens made the motion, seconded by Councilmember Cole as amended to approve a tax freeze for senior citizens and disabled citizens. City Manager Bill Eisen stated Council has conducted several Workshops regarding this issue. The discussion was centered on giving consideration to senior citizens and disabled persons for property tax exemptions. Examples are given describing different possible percentages. Michael Klaus, 5016 Groveton addressed Council and stated he has family members on both sides of this issue. One side would be exempt while the other side has to pay a little bit more. The difference is that the retired community is experiencing an increase in tax that is paid from their retirement fund; the other side has an opportunity to make more and can afford the additional fee putting them in a little better position to absorb an increase. If this is approved, please remember to think about a decision that is needed in order to help the seniors fully. Richard Byrd, 1814 Oak Lodge Drive, addressed Council and distributed a letter to Council. He stated he is a younger citizen in Pearland and has lived in Pearland for the majority of his life. He is concerned greatly about this tax exemption or tax freeze. He does not understand the fairness of this. In essence, everyone is on a fixed income based on current employment. He gave an example of an experience he had a few days ago. He stated he was driving behind a senior citizen with a handicap sticker in her car window. Her vehicle, which was a Cadillac, cost more than his two vehicles put together. He questions how could this citizen possibly utilize or need the tax exemption or tax freeze. This item would shift the tax burden to the tax payers that are under 65 and non -disabled. He wonders what would happen to those citizens within Pearland that are under 65 and barely making it. In order to keep diversity within the City, the younger age group would also need to be a part of the City. He has a concern about the permanency of the tax freeze. He asked Council why would they want to make a decision that could never be undone unless state legislature changes. He gave some additional comments regarding the possibility of the decrease in size of younger citizens and the increase in size of the older citizens because of a tax freeze. In closing, he stated his concerns regarding possible investment properties within the City that would decline because of this decision. Councilmember Tetens stated he does not think older citizens outside of Pearland would be willing to sell their current home and then move into Pearland for the exemption. Councilmember Tetens made the motion, seconded by Councilmember Cole to amend Page 19 of 22 — 2/14/2005 the motion to approve a tax freeze for senior citizens and disabled citizens. Councilmember Cole stated Mr. Byrd hit on the complexities of this matter and it is not an easy decision. He stated he has been in favor of a tax freeze all along. He stated anyone disabled would be exempt. This is one issue that is of importance across the entire state. Discussion ensued among Council and Staff regarding possibly placing this decision up to the voters during the May Election. Mayor Pro -Tem Viktorin stated he had two calls of concern relating to this item. He explained the calls, one regarding the elderly within Pearland and the other regarding younger citizens with children. He is in favor of an exemption. He stated his concerns and encouraged Council to put it before the citizens to decide in a Special Election. Councilmember Tetens stated the mix of senior citizens would increase and decrease. This tax freeze should not cripple the current citizens or put them in financial constraints. If so, he would not be in favor of it. Councilmember Marcott stated he has mixed emotions regarding the implementation of the tax freeze. He agrees with Councilmember Viktorin and stated this is an item that needs to be put before the voters. Additional discussion ensued among Council and Staff regarding the tax freeze. After discussion Mayor Reid called for a vote on the amendment. Voting "Aye" Councilmembers Tetens and Cole. Voting "No" Councilmembers Marcott and Viktorin. In order to break the tie vote, Mayor Reid cast his vote. Voting "Aye" Mayor Reid. Motion Passed 3 to 2, with Mayor Reid breaking the tie vote. Councilmember Tetens made the motion, seconded by Councilmember Cole as amended to approve a tax freeze for senior citizens and disabled citizens. Voting "Aye" Councilmembers Tetens and Cole. Voting "No" Councilmembers Marcott and Viktorin. In order to break the tie vote, Mayor Reid cast his vote. Page 20 of 22 — 2/14/2005 Voting "Aye" Mayor Reid. Motion Passed 3 to 2, with Mayor Reid breaking the tie vote. COUNCIL ACTION — RESOLUTION NO. 82005-41 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONSENTING TO THE ASSIGNMENT OF THE RIGHTS AND OBLIGATIONS OF A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF PEARLAND, GRAND VALLEY HOMES, INC. AND SOUTHWOOD ESTATES, INC. TO GULF COAST UTILITY COMPANY. Mr. Darrin Coker, City Attorney. Councilmember Cole made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2005-41. City Manager Bill Eisen stated Council previously approved an agreement with Grand Valley Homes regarding Southwood Estates, Inc. providing water services to the Grand Valley Subdivision. Since then, Southwood Estates, Inc. has made an agreement to sell to the Gulf Coast Utility Company. Council is being asked to approve the transfer of Southwood Estates, Inc. rights under the development agreement. Kenneth Phillips stated he is the attorney for the Gulfcoast Utility Company. He asked that his client be able to take over the rights and obligations of the Southwood Estates, Inc. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, and Tetens. Voting "No" None. Motion Passed 4 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:56 p.m. to discuss the following: NEW BUSINESS (CONTINUED): EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY. Mr. Darrin Coker, City Attorney. Page 21 of 22 — 2/14/2005 2. SECTION 551.074 — PERSONNEL MATTERS: REGARDING APPOINTMENTS TO SERVE ON THE ZONING BOARD OF ADJUSTMENTS. City Council. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 10:41 p.m. 22. CONSIDERATION AND POSSIBLE ACTION — REGARDING CONSULTATION WITH THE CITY ATTORNEY. Mr. Darrin Coker, City Attorney. No Council action taken. 23. CONSIDERATION AND POSSIBLE ACTION — REGARDING APPOINTMENTS TO SERVE ON THE ZONING BOARD OF ADJUSTMENTS. City Council. No Council action taken. ADJOURNMENT Meeting was adjourned at 10:42 p.m. Minutes approved as submitted and/or corrected this the 28th day of February , 2005. ATTEST: 19 0 ��om Reid Mayor Page 22 of 22 — 2/14/2005