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2005-02-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON FEBRUARY 28, 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 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; 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; Parks and Recreation Director Rhonda Cyrus; Recreation Superintendent Michelle Dunn; Athletic Coordinator Brian Lofgren; Director of Human Resources and Safety Management Mary Hickling; Public Works Director Jerry Burns; Fire Marshal Steve Chapman; EMS Director Jeff Sundseth; Project Director Joe Wertz. The invocation was given by Councilmember Kevin Cole and the Pledge of Allegiance was led by Scout Chris Chandler of Troop #468. MAYOR'S ACTIVITY REPORT Mayor Reid reported on February 15 he attended the HGAC Board of Directors Meeting, Keep Pearland Beautiful Monthly Meeting, and a Pearland College Workforce Annual Meeting; February 16 he attended an Economic Alliance Houston Port Region Monthly Board Meeting; February 17 he gave the Mayor's State of the City and attended the Gulf Coast Water Authority Board of Directors Meeting; February 18 he attended a tour at a local Engineering Facility, a Cub Scout Pack Annual Blue and Gold Banquet for Troop #463; and was Master of Ceremonies for the Gidson Society Annual Minister Appreciation Banquet; February 19 he attended a Citizen Police Academy Saturday Meeting, Cub Scout Pack 468 Annual Blue and Gold Banquet, and an Eagle Scout Court of Honor for James Nunn Troop #464; February 21 attended an Agenda Meeting and a Council/Planning Commission Joint Public Hearing on zoning; February 22 he attended a meeting with Brazos River Authority Manager and Engineer; February 23 he met with the Manager of the Bela Vida Community Center, spoke at the Relay for Life Cancer Awareness Event, and a Joint Council and Brazoria Drainage District #4 Commissioners Meeting; February 24 he attended a Ribbon Cutting for Elliott Page 1 of 20 — 2/28/2005 Automotive, a Joint Open House of the Parks Department and Keep Pearland Beautiful, a Bay Area Transportation Partnership Long Range Planning Committee Meeting, and an Open House/Ribbon Cutting Ceremony for the Pearland Heart Institute; February 25 he attended an HGAC/Transportation Policy Council Board of Directors Meeting, spoke at the First Annual Meeting of the Youth & Family Counseling Services, and attended Cub Scout Troop #466 Annual Blue and Gold Banquet, February 26 he attended Scout Troop #464 Annual Pancake Dinner. Mayor Reid presented a proclamation to Fire Marshal & Emergency Management Coordinator Steve Chapman for severe weather preparedness, proclaiming March 6-12 as "Severe Weather Week in Texas." Fire Marshal & Emergency Management Coordinator recommended that citizens listen to the warnings and evacuations once given during severe weather and emergency time periods. He stated information for the community is available on the City website www.cityofpearland.com; calls to phone number 281-652-1950 are welcomed as well. Mayor Reid and City Manager Bill Eisen recognized Parks Director Rhonda Cyrus, Parks Superintendent Michelle Dunn, and the Parks Department personnel. City Manager Bill Eisen stated the Parks Department contains top quality people. The City has been very fortunate in having such a group of people. Outside organizations have recognized their efforts. Parks Director Rhonda Cyrus stated she is pleased to announce that the Parks Department has received awards from the TRAPS Region # 4 in Baytown, Texas. A reward was received in the category of Programs and Activities. They received 2nd place in the Parks and Recreation Facility category for their park facility and maintenance. They also received a 1St place award for the Dog Trot in the Special Event category. Park Superintendent Michelle Dunn stated the City of Pearland also has seasonal park staff members who have been recognized for the contributions to the Parks Department. The recipient of the Regional #4 Part-Time/Seasonal Employee of the Year Award was awarded to Charles VanMeter. Mayor Reid stated the Parks Department is working very hard in making the quality of life issues within Pearland more obvious and abundant. COUNCIL ACTIVITY REPORTS Mayor Pro -Tem Viktorin reported Council attended the Association of Mayors and City Councilmen Retreat. He stated it is very interesting visiting with other city leaders and getting input regarding challenges of the different entities. The Chamber of Commerce Page 2 of 20 — 2/28/2005 did a very good job with their luncheon. The Mayor also gave an outstanding State of the City Address. Councilmember Tetens passed. Councilmember Owens reported March 13-15 Council would be attending the Brazoria County Days in Austin, Texas. He stated 1700 pounds of shrimp would be boiled for the event. This event gives them the opportunity to meet with the legislatures and senators. He invited the citizens to come out and attend. Councilmember Marcott reported he attended the Brazoria County Cities Association Monthly Meeting. He is the current president of the association. He attended the HGAC Banquet, which the Mayor is a current board member. He also attended the Old Townsite Meeting. He reported that the old ambulance has been upgraded and is now up and running. He recognized the importance of the ambulance services. Councilmember Cole reported he attended the Old Townsite Meeting, the State of the City Address, and the Joint Workshop between the City and Brazoria County Drainage District No. 4. It is good to see the joint projects between the City and Brazoria County Drainage District No. 4. Meeting with them gives Council and the Drainage District the opportunity to receive updates regarding those joint projects. CITY MANAGER'S REPORT City Manager Bill Eisen reported a joint meeting between the City and Brazoria County Commissioners would take place next Tuesday, March 8, 2005. This will be the second meeting of this type. It will start at 6:30 and the location is the Melvin Knapp Building on Grand Street. CITIZENS Michael Klaus, 5016 Groveton, addressed Council and stated he researched and located some information regarding water quality. He was able to check the water quality report for the City of Houston and compared its information to the City of Pearland's water quality report. He asked Council to check with the Engineering Department and Public Works Department to see how this may affect the City's water quality. He noticed that Houston currently has a significant amount of additional chemicals within the water and he has concerns regarding how this would affect Pearland once the city starts receiving water from Houston. Mr. Klaus asked Council and the Pearland Economic Development Corporation to speak with Pearland's current UTMB facility regarding the future Pearland Hospital. Maybe a joint venture could take place with the hospital. He stated his concerns regarding the Old Townsite Project. The community needs to have more input and those ideals should go forward. He gave his concerns about not seeing a report of the comments given by the citizens. Mr. Page 3 of 20 — 2/28/2005 Klaus gave comments regarding Consent Agenda Item letter "L" referencing Chocolate Bayou. He wants Council to take an additional look into this item. Mark McClure, 9324 Hughes Ranch Road, addressed Council and stated he has concerns regarding the widening of CR 403. He stated this highway would have five lanes and additional curbs and sidewalks. This expansion would require the additional purchasing of right-of-way and up to 40% of the front his property would be needed. His home is located on CR 403. This road expansion would place the street approximately 15-20 feet from his front door. This expansion is completely unacceptable and should not be considered in its current form. This would depreciate the home values of all the properties located on CR 403 and it also present numerous legal and safety concerns for the community. Some of the major concerns are the increase in speed limits and possible fatal accidents as a result of those increased speeds. The expansion would place the sidewalks further apart and there is nothing listed within the plan regarding traffic controls. He stated during the purchase of his properties he was not informed by the City that this expansion would take place. The residents who have built homes on this road should have been notified prior to purchasing their properties and building their homes. The current plan as presented is not the best plan for the community. He stated options were given during the town meeting regarding the expansion. The community is for the three -lane expansion versus the five -lane expansion. This option would provide better safety measurements for the community in regards to speed limits, turning lanes, and sidewalks. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the November 15, 2004, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the February 14, 2005, Regular Council Meeting held at 7:30 p.m. 3. Minutes of the February 22, 2005, Special Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — EXCUSE COUNCILMEMBER WOODY OWENS ABSENCE FROM THE FEBRUARY 14, 2005, REGULAR COUNCIL MEETING. City Council. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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 Page 4 of 20 — 2/28/2005 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 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. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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- B, 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. E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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 Page 5 of 20 — 2/28/2005 H. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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 EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. I. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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 LIGNT 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. J. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. Page 7 of 20 — 2/28/2005 EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. F. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. G. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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 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. Page 6 of 20 — 2/28/2005 K. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2005-47 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING TIMES AND DATES FOR MARCH 2005. Mr. Darrin Coker, City Attorney. L. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2005-48 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING THE DREDGING OF CHOCOLATE BAYOU, BRAZORIA COUNTY, TEXAS TO PROTECT WATERWAYS AND ENSURES ECONOMIC VIABILITY TO $130 MILLION GENERATING INDUSTRY. Mr. Bill Eisen, City Manager. Councilmember Tetens made the motion, seconded by Councilmember Cole, to adopt Consent Agenda Items A through L 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: None. NEW BUSINESS FIRST READING OF ORDINANCE NO. 1206 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ARTICLE II, OF CHAPTER 28, "TAXATION" OF THE PEARLAND CODE OF ORDINANCES, BY ADDING SECTION 28.1.2 RELATING TO AN AD VALOREM TAX FREEZE FOR RESIDENTIAL HOMESTEAD PROPERTY OWNERS WHO ARE DISABLED OR 65 YEARS OF AGE OR OLDER; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Cole, to approve Ordinance No. 1206 on its first reading. City Manager Bill Eisen stated in November 2003 voters within the state approved a constitutional amendment, which would allow a tax freeze by taxing entities other than school districts that already have the a tax freeze in place. All persons over 65 or disabled citizens would benefit from such a tax freeze. City Council has conducted a few workshops regarding this issue. Page 8 of 20 — 2/28/2005 Shannon Westveer, 3413 Hickory Creek Drive, addressed Council and stated she commends the Council's desire to provide tax relief to at -risk seniors. She feels that at risk seniors would be better served with an exemption versus a full tax freeze. She asked Council to reconsider the tax freeze. She stated no one could accurately predict what is going to take place within Pearland over the next few decades. She is certain that a tax freeze is permanent and it leaves the City with few -to -no options. This could have a devastating impact on City programs, some that are used solely by seniors. By contrast, raising the exemption provides flexibility and the results are immediate. It rightly targets those with the greatest need for tax relief. She did a comparison on how two would affect the citizens over the next 10 years. She used different property values and placed in her comparison certain assumptions. She concluded that seniors would receive a greater benefit from an exemption increase because of property value increase annually versus a tax freeze. She stated the exemption increase would help those who need it the most. If the citizens of Pearland that are over 65 want a tax freeze, then this should be placed on the ballot for the citizens to vote on. Richard Byrd, 1814 Oak Lodge Drive, addressed Council and stated two weeks ago he spoke out against the tax freeze. A lot of discussion has taken place regarding this subject. Some of the arguments for this tax freeze were one sided. The people who are for this freeze have not flipped the coin and seen the other side. He discussed the percentage of seniors within the City of Pearland. He stated during the last Council meeting, Councilmember Tetens mentioned seniors would not necessarily be attracted to coming to the City based upon an added tax freeze. Councilmember Cole supported this statement by stating the census record showing the senior population has stayed almost the same for the City. Nothing was mentioned about the citizens approaching the age of 65. The senior population within Pearland will increase once these people reach 65. This tax freeze is basically another form of social security and will have the same problems. He stated his concerns regarding younger families wanting to move to the City of Pearland. He questioned what would happen to these families that would have to pay higher taxes. He stated the cycle could lead to younger citizens being driven out of the City. He asked if this should really be decided by City Council. Council should do what is in the best interest of the City for the present and the future. If this is truly what the people of Pearland want, then let them decide. He stated voting no does not kill the issue; it simply forces the citizens of the community to petition for a popular vote. The tax freeze could never be undone. Help can be given to those seniors who need it in other ways. Michael Klaus, 5016 Groveton, addressed Council and stated the comparison to social security is not a valid comparison. This is not necessarily a permanent decision. Legislatures could possibly amend it in the future. The amount of protection possibly benefits some more than others. He looks at what would benefit the seniors the most. The problem with an exemption is it is not always consistent. Council could vote differently at different times regarding the exemption. However, a tax freeze gives the Page 9 of 20 — 2/28/2005 seniors a better position and they will not have to face possible exemption changes due to Council changes. C.D. Anderson, 3215 Jacquelyn Drive, addressed Council and stated he has lived at his residence for thirty-eight years. He highly contests the characterization given to the tax freeze as being a form of welfare. Seniors have paid for a lot of roadways and sewer improvements over the years. He stated he does not see a lot of old people moving into the newer communities being built in Pearland. Those new citizens of Pearland are enjoying the benefits of his taxation over the last thirty-eight years. The older people within Pearland have been here for twenty to thirty years. There is no influx of old people. The old and elderly are the people who built this town. This is not charity and the seniors have earned this right. The expanding tax base should pay its own way. The seniors have paid for the advantages the City enjoys. He requested that Council enact the tax freeze the seniors of Pearland have earned. Alma Nolan, 2106 Galveston, addressed Council and stated her husband Victor Nolan was an engineer during the time Pearland was being incorporated. He spent two years helping the City get incorporated. He also served ten years on City Council helping the City grow. No City Hall existed during those time and files were kept in her garage. She was the City Secretary. David Smith's wife was the treasurer. There was no official meeting place. Her family was raising two children during this time who were very active in the community. Their dad was always busy conducting City business and hardly ever had the opportunity to spend time with their children in the different activities. She feels that the seniors who have built this town deserve anything that they can get. Anna Byrd, 2505 Creeks Edge, addressed Council and stated she has lived in Pearland for the last twenty-eight years. She is against the tax freeze and does not feel it would help those that really need the help. The additional exemption would be a much better idea. A freeze is unfair to the rest of the tax payers. Just because a person is over the age of 65 or disabled does not necessarily mean they are in need of assistance. Just because a fixed income may exist, does not mean it is a low income. There is a small percentage of seniors who are over the age of 65 that are actually below the poverty level. She is concerned about the effect the reduced revenue would have on the City. Even though the seniors are not using school services and receive a tax break, they are still utilizing City services. The choice to approve a tax freeze is permanent. Once it is done it can't be undone. No predictions can be made on the effect a possible tax freeze could have on the City of Pearland in the future. No future alterations can be made. It is the job of the City Council to do what is right for the City. Mark Bradicich, 1306 Kingfisher Court, addressed Council and stated he wants to speak out against the Ordinance. He does not think this would be good for the City of Pearland in general. It would make the taxes for the rest of the population increase. He Page 10 of 20 — 2/28/2005 thinks this would drive people out of Pearland. He stated there are plenty citizens who feel the same way he does and asked Council to let the citizens vote on this item. Jean Bradicich, 1306 Kingfisher Court, addressed Council and stated she agrees with her husband. She feels the City does not need this Ordinance. She understands that the seniors of Pearland have been paying taxes for a longer time period than herself, but she feels they are still benefiting from the services provided by the City. She thinks they should still contribute with the rest of the citizens. The citizens of Pearland should make this decision by voting. Richard Lee, 2105 Cedar, addressed Council and stated he has lived in Pearland for the last 18 '/2 years and he has been working supporting his family. He is in a unique situation and can see points from both sides. He stated he is disabled and for the last twenty-two years he has worked very hard and was injured. He is totally disabled and can barely walk. He is only forty-eight years old. Mr. Lee is for the tax freeze. He went from a substantial income to a fixed income due to his disability. He has two children that are in high school. He thinks this would be good for those who are disabled. This would be a relief to him and others that are truly depend upon it. Mayor Reid gave recap of the meetings conducted regarding homestead exemption or a tax freeze. Councilmember Tetens stated exemption does not allow a freeze in tax. The appraisal amount of the property increase, while the exemption amount stays the same versus a complete freeze. A freeze stops the taxation at the current level and people on fixed incomes would know what they would have to pay yearly. If the freeze was approved it would not go into effect until the following year. The amount is not a great burden on anyone. Councilmember Owens stated he questions the decision to make a tax freeze. It is not the amount of money, but the way it is. All the Councilmembers hold at -large positions and represent the entire City. He questions if it is fair for Council to make a decision to freeze the taxation of 8-9 percent of the citizens and then place that burden on the remaining citizens. Even though it is not a lot of money, this decision should be made by popular vote and decided by the residents of the City. He gave percentages of those who are 65 years of age and older who live in homes that are $300,000 and above. People who are 65 years of age and older deserve some exemption. An exemption is necessary. He is not against an exemption. The voters should make this decision. Mayor Pro -Tem Viktorin stated this issue has been debated by Council for some time. From day one he has been in favor of raising the exemption. The choice for a tax freeze is basically the redistribution of the tax burden and he does not feel Council should make this decision for all of the citizens. The voters should make this decision. Everyone has thrown out facts and figures regarding the issue. There is no guarantee Page 11 of 20 — 2/28/2005 to what impact this decision may cause in the future. He thinks the exemption should be raised. He is going to vote against the Ordinance as it stands. Councilmember Cole stated he told the citizens that supported him during his election process that he would vote for an increase in the tax exemption. He would also support a tax freeze. He believes that less money is better in local and federal government. He supports the tax freeze; however, it probably will not be approved. The citizens who want to see this take place will have to bring in a petition with signatures showing 5% of registered voters wanting it to be place on the ballot. Once this is received and verified, then Council could call for the election. He wants the citizens to understand that Council cannot just call an election for this issue. Councilmember Marcott stated this year a member of his household will turn 65 years of age. This will apply to his home. He voted against this on the state ballot. He does not believe that the citizens understood what they were supporting with their vote. 1400 signatures petitioning the City to place this decision on the ballot should not be hard to get. It is up to the City to be physically responsible in order to take care of City needs. The bond money will be spent for the betterment of all the citizens in Pearland and provide better drainage and transportation. The major part of taxes paid is paid to schools. If the voters want a tax freeze, they can vote for it. A petition could be put into place. He feels an exemption is the way to go at this time. Mayor Reid gave some comments regarding another item currently on the Agenda that is in relationship to the current item. He stated the seniors and disabled are seeking some form of tax relief. This is not an easy decision and Council has struggled for almost 6 to 9 months regarding the issue. Councilmember Tetens stated the exemption is subject to fluctuations due to the appraisal value of the homes. The seniors receive a little break, but it is not something fixed where the seniors would know what their annual taxes would be. Councilmember Owens stated the citizens should at least have the opportunity to decide. If the citizens do not move forward with a petition, then Council could revisit the issue during the end of the year. Councilmember Marcott stated the Pearland Economic Development Corporation is an important part of the community and the citizens of Pearland vote for this. A good mix of business and residential helps and is a good part and benefit of the City. Voting "Aye" Councilmembers Tetens and Cole. Voting "No" None Councilmembers Owens, Viktorin, and Marcott. Motion Failed 3 to 2. Page 12 of 20 — 2/28/2005 Mayor Reid, with Council concurrence, moved to New Business Item No. 8. COUNCIL ACTION — RESOLUTION NO. R2005-49 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING LEGISLATIVE EFFORTS TO BRING INCREASED ACCOUNTABILITY TO TEXAS' PROPERTY TAX SYSTEM THROUGH REDUCED PROPERTY TAX APPRAISAL CAPS. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Owens, to approve Resolution No. R2005-49. City Manager Bill Eisen stated this item was placed on the agenda by two members of Council, Councilmember Cole and Councilmember Owens. Michael Klaus, 5016 Groveton, addressed Council and stated over the years he has listened to discussion regarding the Texas' Property Tax System. There does not seem to be a logical explanation for some of the increases and decreases. He gave an example of those experiences of the years. He is in favor of an appraisal cap. Councilmember Owens stated this issue has impacted people across the City and in other areas. The increases have to stop some place. This is an opportunity for Pearland to take a position in saying that the City is in support of the appraisal cap. Councilmember Cole stated citizens are asking for the Council position on this issue. He stated the citizens should know where Council stands on this issue. The current 10% is not stable and poses a problem. He gave an example of the request for reductions received by the tax office. He supports a 3% cap. If only a 5% is given, then he would support that as well. Councilmember Tetens stated he is in favor of a cap as well. He stated 10% is too high because it is being given out regardless. He has received this 10% increase every year on his taxes and it wrong for them to automatically go up this percentage each year. He is in favor of a cap less than 10%. He supports this resolution. Mayor Reid stated he supports the resolution and this will vocalize their support to the legislatures. Mayor Pro -Tem Viktorin states he echoes Councilmember Tetens' comments regarding the cap. He is in support of the cap. Councilmember Marcott stated the resolution would obviously pass by a vote of 4 to 1. Council does not know what is going to take place in Austin. He referenced possible future unfunded mandates. He gave an example of a traffic fee and the percentage that goes to the State. He stated the City does not get much from those fees. He gave an Page 13 of 20 — 2/28/2005 additional example of disparity and how this could take place through the numerous purchasing times of a single home. He has a lot of concern regarding this. Mr. Marcott restated that his household would have a member who is 65 years of age and they could possibly benefit from some of the discussed items; however, he feels the City needs to be physically responsible. Roads need building and the Road Impact Fee was voted down. This fee would have covered a portion of those roads. He is going to vote no to this resolution. Mayor Reid gave some additional comments regarding current market values of homes. He feels this resolution is appropriate at this time. It sends a message. Voting "Aye" Councilmembers Cole, Viktorin, Owens, and Tetens. Voting "No" Councilmember Marcott. Motion Passed 4 to 1. Mayor Reid, with Council concurrence, moved back to the regular order of business. Mayor Reid called a recess at 9:18 p.m. Mayor Reid called the meeting back to order at 9:28 p.m. FIRST AND ONLY READING OF ORDINANCE NO. 1204 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING MULTI -WAY STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND AT THE INTERSECTION OF ORANGE STREET AND LINWOOD OAKS; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION, AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 1204 on its first and only reading. City Attorney Darrin Coker stated recently residents that live along Orange Street and Linwood Oaks requested the placement of stop signs at Orange Street and Linwood Oaks. They are concerned about speeding. A traffic study was completed in the area and it was determined that a multi -way stop sign is appropriate at this intersection. Page 14 of 20 — 2/28/2005 Councilmember Marcott stated he has missed some stop signs because they were newly placed. He asked if white lines could be placed on the street to catch the driver's attention. Public Works Director Jerry Burns stated the department usually places a sign stating a stop sign is approaching. He stated the stop bars are appropriate in some areas; however, in residential areas they are usually not appropriate. Councilmember Owens asked if a stop sign has been placed on Schleider. City Attorney Darrin Coker stated a stop sign has been placed on Schleider. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1205 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING MULTI -WAY STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND AT THE INTERSECTION OF PINE FOREST DRIVE WITH PINE HURST DRIVE AND PINE STREAM; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION, AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 1205 on its first and only reading. City Manager Bill Eisen stated this item is before Council because the City received a request from the Homeowners' Association in Pine Hollow. A traffic study was completed and it was determined that stop signs are warranted at two intersections. He informed Council that the Treasurer of the Pine Hollow Subdivision Homeowners' Association has submitted a letter to Council and Staff. Kelly Moody, 3708 Pine Bark Court, addressed Council and stated this issue is very important. She is a mother of four children and her family enjoys using the park. It is a safety hazard at the area for pedestrians, cyclists, and drivers. She is concerned every time they go to the park because motorists speed down the street and around the curve. The stop sign would slow the motorists down when driving near the park area. She is Page 15 of 20 — 2/28/2005 the chairperson of the Outreach Committee within the community. She started a petition regarding the stop sign placement and would like to give this to Council. She asked Council to please consider placing a stop sign in the area. Ronald Ricaldi, 3602 Pine Chase Drive, addressed Council and stated he is the President of the Pine Hollow Homeowners' Association and would like to give Council a petition from the residents requesting stop signs in Pine Hollow Park. He gave information on how the speeding has affected the community. Nancy Kozanecki of the Pine Hollow Subdivision addressed Council via email, which stated her support for Ordinance no. 1205. She detailed that the additional stop signs are needed and this would primarily increase the safety of children, pedestrians, and homeowners in the immediate park area. She also detailed the history of events that surrounded a traffic survey conducted in 2001. Additional playground signage was placed near the park area, but it did not slow down the speeding motorists. She stated within her email that many things have changed since the first traffic survey was conducted. She asked Council to adopt the Ordinance and show that the safety of the residents is important and the safe access to public amenities is a priority. Councilmember Marcott stated his is concerned about one of the areas after reading the email of the resident Nancy Kozanecki. He is concerned about the advisory playground signs not slowing the traffic down. He stated possibly crosswalk markings would also help. He is also concerned about the drawing of the area and planned placement of the stop signs not being accurate. He is familiar with the area because he has family that resides in that community. Voting "Aye" None. Voting "No" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-45 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 5 ASSOCIATED WITH THE DIXIE FARM ROAD PROJECT. Mr. Bill Eisen, City Manager. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2005-45. City Manager Bill Eisen stated this item involves an amendment for a change order for a design associated with Dixie Farm Road. A number of issues have changed since the original contract. Page 16 of 20 — 2/28/2005 Councilmember Marcott asked about the second paragraph referencing a workshop regarding the sound wall. Project Director Joe Wertz stated a workshop will need to take place regarding the sound wall, which would cover all the sound walls including the second added sound wall. Discussion ensued among Council and Staff regarding the area this would cover on Dixie Farm and the possibility of additional widening near the Wal-Mart area. Councilmember Marcott stated he is concerned about the phase two information not included within this contract. He stated the City is currently considerably over budget. Additional discussion ensued among Council and Staff regarding the expenditure for the entire project and having an update regarding the project. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-44 — 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, INC., FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE JOHN LIZER ROAD WIDENING PROJECT. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2005-44. City Manager Bill Eisen stated this item is regarding a design contract for the first of the Magnolia sections. It would be located east of the John Lizer Section. The firm conducting the services is Kirst Kosmoski in the amount of approximately $193,000. Discussion ensued among Council and Staff regarding the project and any return of funding if it is not all used. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. Page 17 of 20 — 2/28/2005 COUNCIL ACTION — RESOLUTION NO. R2005-46 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RATIFYING AN EMERGENCY EXPENDITURE FOR REPAIRS TO THE BARRY ROSE WASTE WATER TREATMENT PLANT. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2005-46. City Manager Bill Eisen stated this authorizes the emergency repairs to the Barry Rose Waste Water Treatment Plant. This was already included within the budget; however, it had to take place quicker due to an emergency basis. Public Works Director Jerry Burns stated the department was in the process of going through the bidding process. During that time the aerator broke and emergency repairs had to be completed. Councilmember Marcott asked for clarification regarding the $1800 freight charge. Public Works Director Jerry Burns stated this cost was from having to send it off for repair and receiving it back. A crane had to be utilized during the transport. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-43 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, URGING THE TEXAS CONGRESSIONAL DELEGATION TO REQUEST AND SUPPORT FUNDING FOR THE U.S. ARMY CORPS OF ENGINEERS ("CORPS") GENERAL REEVALUATION REPORT ON CLEAR CREEK FOR THE FISCAL YEAR 2006. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Councilmember Cole, to approve Resolution No. R2005-43. City Manager Bill Eisen stated this item is regarding the Clear Creek general review and evaluation process. Some additional funding is required for this process. This item supports the reinstatement of funding for the completion of this process. The Drainage District has already approved a similar resolution. Mayor Pro -Tem Viktorin stated this is very important for the City to enact this resolution. Page 18 of 20 — 2/28/2005 Councilmember Marcott stated on Thursday evening he had the opportunity to spend some time with two people that are involved with Clear Creek, Commissioner Kent Clare of Galveston County and Melvin Spanks of a local engineering firm. This item may be taken into consideration during March at the congressional level. This is an important item. Councilmember Cole asked if there is any sort of lobbying effort being conducted for this item. City Manager Bill Eisen stated the Harris County Flood Control has a lobbyist that has been active on this issue. Councilmember Cole stated he wanted the City to be a little more proactive and possibly have a lobbyist to work on this issue. City Manager Bill Eisen stated he has some information on a lobbyist currently in Washington that has done a lot of work for Texas. He will contact them to discuss a fee structure. He stated it does not hurt to have this support and it has been helpful having the support of Congressman Tom Delay and the Harris County Flood Control. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 4 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 10:10 p.m. to discuss the following: NEW BUSINESS (CONTINUED): EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.087 — CONSULTATION WITH CITY ATTORNEY — REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. Mr. Bill Eisen, City Manager. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 10:29 p.m. Page 19 of 20 — 2/28/2005 CONSIDERATION AND POSSIBLE ACTION — AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ECONOMIC INCENTIVE DEVELOPMENT AGREEMENT. City Council. No Council action taken. ADJOURNMENT Meeting was adjourned at 10:30 p.m. Minutes approved as submitted and/or corrected this the 28th day of March , 2005. ATTEST: ung RPO ity• creta®ry — � il. Tom Reid Mayor Page 20 of 20 — 2/28/2005