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2005-06-27 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JUNE 27, 2005, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Pro -Tem Cole called the meeting to order at 7:38 p.m. with the following present: Mayor Pro -Tem Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Kevin Cole Richard Tetens Woody Owens Larry Marcott Bill Eisen Darrin Coker Young Lorfing Absent: Mayor Tom Reid and Councilmember Charles Viktorin. Others in attendance: Executive Director of Community Services Nick Finan; Executive Director of Economic Development Fred Welch; Police Chief J.C. Doyle; Fire Chief Paul Jamison; City Engineer Doug Kneupper; Public Works Director Jerry Burns; Assistant City Attorney Nghiem Doan; Fire Marshal Steve Chapman; Purchasing Officer Gordon Island; Project Director Joe Wertz; Public Affairs Liaison Lynn Munford; Secretary Jane Taylor; and Administrative Clerk Theresa Smith. The invocation was given by Councilmember Tetens and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Pro -Tem Cole report Mayor Reid is out of town attending the National Association of Regional Councils representing Houston Galveston Area Council and Texas Association of Regional Councils as past president. COUNCIL ACTIVITY REPORTS Mayor Pro -Tem Cole reported on Saturday he was a Judge for the Pine Hollow Subdivision's Bike Parade. He also announced July 14th is the last opportunity for public input for the widening of Highway 35. Councilmember Tetens reported that he attended the Hurricane Awareness Seminar held at City Hall, conducted by Fire Marshal, Steve Chapman. He expressed his thanks to Fire Marshal Steve Chapman for the good seminar. Councilmember Owens reminded everyone on Wednesday, June 29, 2005, a group of representatives are leaving from Brazoria County and going to Austin. The Page 1 of 18 — 6/27/2005 representatives will meet TxDOT and the Highway Commission on Wednesday evening. On Thursday morning at 9:00 a.m. they will give a presentation to the Highway Commission based on the Bond Issue that Brazoria County residents approved this past year. Councilmember Owens further stated Brazoria County is trying to get additional project money from TxDOT. Councilmember Marcott reported that Pearland Police Officer Jason Wells was the subject of a nice letter to the editor of the newspaper this week. Councilmember Marcott stated he met Officer Wells and he is a good officer. He commends the officer and asked Chief J.C. Doyle to pass that on to Officer Wells. CITY MANAGER'S REPORT City Manager Bill Eisen reported the July 4th Celebration will be held at Independence Park. Entertainment will begin around 6:00 p.m. and fireworks will begin at approximately 9:00 p.m. Parking will be at Pearland High School. Mr. Eisen stated the Parks Master Plan Workshop and Public Hearing for June 30, is being rescheduled. The new meeting date will be posted on the web site. He urged everyone to complete the Parks Survey that was recently published in the City's In Motion publication as soon as possible. The survey information will be beneficial to the City regarding future plans. CITIZENS Michael Klaus, 5016 Groveton, addressed the Council and stated the CRS program should be down to a 5 or 6 level considering Friendswood and Kemah are smaller and are at a lower level. Mr. Klaus stated his concerns about the drinking water issue and feels we need a steady supply of water. He believes there will be problems if we switch to surface water. Mr. Klaus also expressed his opinion about the renaming of Cullen. He feels that the City should consider renaming the road Hero's Lane, or take into consideration the names of other people from the past that have made a difference. City Manager Bill Eisen announced the City received an award earlier this evening from the Federal Emergency Management Agency (FEMA) for successfully participating in the National Flood Insurance Program Community Rating System. This will entitles residents, living in the flood plain in the City of Pearland that currently have a Flood Insurance policy, to receive ten -percent off their policy and residents not living in the flood plain of the City of Pearland to receive five -percent off their policy. Cathy Eddy, 2824 Piper Road, addressed the Council concerning the traffic on Piper Road. She stated the traffic is getting worse. Citizens are driving 50 mph instead of 30 mph and have run her off the road into the ditch. It has happened to children walking to school as well. Ms. Eddy stated something needs to be done and done soon, whether it is speed bumps or a dead end. Page 2 of 18 — 6/27/2005 Christina Moore, 2852 Piper Road, addressed Council and stated she can no longer jog on Piper Road because of the intense speeding taking place. She expressed her concerns for residents and young children who are being cursed at and placed in danger by people driving 70 mph down the residential street. Christina asked that a dead end be made, stop signs placed, or even speed bumps put in. Richard Keschinger, 2011 Sleepy Hollow Drive, addressed Council and stated Yost Road is not done yet. He has spoken with Joe Wertz and was satisfied with the feedback but it seems that Yost is at a stand still. Mr. Keschinger stated the road is very dangerous, since there are no traffic arrows or blinking lights anymore. He asked that the holes at least be filled for the time being. He suggested that the person in charge of this project start posting the current status on the web site and inform the residents what will be happening within the next 2 weeks. City Manager Bill Eisen reported that Yost Road needs work. Mr. Eisen stated the Council will be discussing legal options the City has regarding the status of Yost Road. In conclusion he stated that the contractor has not been very visible in the area and that the Public Works Department would be monitoring the road conditions and making minor repairs as needed. John Williamson, 8321 Broadway Suite 6100, addressed Council concerning the renaming of Cullen. Mr. Williamson stated he has gone to several businesses and residents to start a petition against the renaming of the street. He also stated that Cullen Dental as well as Memorial Gardens were upset to hear about this and believe that it will be difficult for individuals to find these places of business, if the street is renamed. He feels that the name change will not help with the negative impression associated with Cullen and the City should name the street South of FM 518 whatever they want and leave Cullen as it is. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the March 15, 2004, Joint Public Hearings held at 6:30 p.m. 2. Minutes of the May 17, 2004, Joint Public Hearings held at 6:30 p.m. 3. Minutes of the October 18, 2004, Joint Public Hearings held at 6:30 p.m. 4. Minutes of the June 6, 2005, Special Meeting held at 6:00 p.m. 5. Minutes of the June 13, 2005, Regular Meeting held at 7:30 p.m. Page 3 of 18 — 6/27/2005 6. Minutes of the June 20, 2005, Special Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-780 — 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 12, SECTION 3, OF GARDEN ACRES SUBDIVISION, ABSTRACT 219, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 2539 THELMA DRIVE)(APPLICATION NO. 1228) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF GLADYS DIAN LANE, 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. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-781 — 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 91-17 AND 91-14, OF RICHLAND ACRES SUBDIVISION, AN UNRECORDED SUBDIVISION, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 509, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 3801 AUBRELL DRIVE) (APPLICATION NO. 1229) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF SEAN SCOTT, 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. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-783 — 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 2.50 ACRES, TRACT 11-C, H.T. & B.R.R. COMPANY SURVEY, SECTION 2, ABSTRACT 542, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED ON THE NORTH SIDE OF ORANGE STREET, AND EAST OF Page 4 of 18 — 6/27/2005 STATE HIGHWAY 35 (MAIN STREET) (SPECIFIC USE PERMIT APPLICATION NO. 143) FOR A SPECIFIC USE PERMIT FOR STORAGE AND MINI -WAREHOUSE IN THE COMMERCIAL DISTRICT (C(S)), AT THE REQUEST OF BOBBY B. TRAN, APPLICANT FOR TWIN OAKS BUSINESS PARK, 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. 943-11 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING FIGURE 7.2, THOROUGHFARE PLAN, OF THE CITY'S COMPREHENSIVE PLAN AS A GUIDE FOR PRESERVING A SENSE OF COMMUNITY, ATTRACTIVENESS AND SAFETY IN PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR CODIFICATION. Mr. Nick Finan, Executive Director of Community Services. F. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1220 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 9'/2, EMERGENCY MEDICAL SERVICES, OF THE CITY OF PEARLAND CODE OF ORDINANCES, FOR THE PURPOSE OF UPDATING THE ORDINANCES RELATIVE TO EMERGENCY MEDICAL SERVICES; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. G. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1221 — 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 SUMMER BREEZE DRIVE AND SUNNYCREEK LANE; 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. Page 5 of 18 — 6/27/2005 Mayor Pro -Tem Cole asked that Consent Agenda Item D be removed from the Consent Agenda for further discussion. Councilmember Tetens made the motion, seconded by Councilmember Owens, to adopt Consent Agenda Items A through G with the exception of Item D, as presented on the Consent Agenda. Voting "Aye" Councilmembers Marcott, Owens, Tetens and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Viktorin absent. MATTERS REMOVED FROM CONSENT AGENDA As requested by Mayor Pro -Tem Cole Consent Agenda Item D was removed from the Consent Agenda for further discussion. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-783 — 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 2.50 ACRES, TRACT 11-C, H.T. & B.R.R. COMPANY SURVEY, SECTION 2, ABSTRACT 542, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED ON THE NORTH SIDE OF ORANGE STREET, AND EAST OF STATE HIGHWAY 35 (MAIN STREET) (SPECIFIC USE PERMIT APPLICATION NO. 143) FOR A SPECIFIC USE PERMIT FOR STORAGE AND MINI -WAREHOUSE IN THE COMMERCIAL DISTRICT (C(S)), AT THE REQUEST OF BOBBY B. TRAN, APPLICANT FOR TWIN OAKS BUSINESS PARK, 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 Owens made the motion, seconded by Councilmember Tetens, to discuss Consent Item D, Ordinance No. 509-783 on its second and final reading. After the discussion, a motion to table was made and approved. Michael Klaus, 5016 Groveton, addressed Council and stated he is disturbed that the residents of Orange Street. are being told by the City, Staff, and Commissioners not to get up and speak at a Council meeting concerning this issue. He also stated not much Page 6 of 18 — 6/27/2005 land is left around the Old Townsite and this would not be a good way to use the land that is left. In closing, he stated he is curious why the plan does not meet requirements, for example, commercial land is supposed to have 150 feet of frontage. Marie Shepherd, 2013 North Galveston, addressed Council and stated there are four things that should be considered before putting up mini -storages. Those four topics are, legal guidelines, quality of life, safety, and the community. Ms. Shepherd stated if the land is half residential and half is commercial, you could not build within 25 feet of residential property. Also, the building would be too close to the street and would not allow any room for a mandatory sidewalk. She feels that a retention pond would be better because of the drainage problems. Lora O'Neill, 2024 North Galveston, addressed Council and stated the land will be best used as a park. The City should buy the land and make it a park as shown in the Old Townsite Plan. She further stated if it is going to be mini -storages, the front should look residential and not take away from the Old Townsite look. In closing, she does not want mini -storages to be in view from her backyard. It will make her resale go down on her property. Also, if it is going to be passed, there should be speed bumps because the road is not safe and has no shoulder. Matthew Drews, 3515 East Plum Street, addressed Council and questioned why someone would pay an engineer a lot of money for a plan and not go by it. Mr. Drews stated the trees that will be leveled so the mini -storage can go up play a big part in blocking the sound from Pearland Lumber, busy Highway 35, and the railroad. He also stated that building a mini storage at this location would bring between 21 and 60 more people to Orange Street each day, which means added noise and pollution to their street. Anna M. Clark, 2015 Isla Drive, addressed the Council and stated she is here to support her neighbors and would like to see the Council members save the trees, respect the Orange Street residents' quality of life, and vote no on putting in a mini storage. Ms. Clark said the traffic on Orange is already terrible from Pearland Parkway; they do no need any more, and would like to see it stay a quiet little neighborhood. Carole Desmond, 2008 North Galveston Avenue, addressed the Council and stated that a lot of the residents on Orange Street have been here many years and are the backbone of Pearland. Ms. Desmond stated since Pearland Parkway was built, the traffic has increased and placed a strain on the road conditions and feels that taxpayers should not have to pay for businesses profits. She also stated the community now is home to wildlife and taking down trees would take away the animals' natural shelter. Ms. Desmond stated the location has potential to be incredible, but not with mini - storages. Page 7 of 18 — 6/27/2005 Gail Rutherford, 3518 Linwood Street, addressed Council and expressed her feelings regarding the building of mini -storages on Orange Street. She stated she has just moved from Houston to Pearland and truly loves Pearland; she found the house of her dreams in a beautiful neighborhood with a canopy of trees over the streets. Ms. Rutherford stated she was told the land was a protected area and now she understands it is not true. There will be big lights shining into neighboring houses and if Council does not do something about this, then who will. Marcia Barnette, 2016 Isla, addressed Council and stated she has been a resident of Pearland for 30 years. Orange Street has enough noise problems from Wal-Mart on Highway 35. Ms. Barnette also stated that a mini storage is not very pleasant and before you know it, everything will be removed and it will be just another concrete jungle. Susan Lenamon, 4418 Broadway, addressed the Council and stated she is not for getting rid of the greenery in the neighborhood. The landscaping will be taken care of and lighting will not shine into the neighboring houses. In conclusion, Ms. Lenamon stated four other people are waiting for the results of the mini -storage so they can build on the property if Mr. Tran does not. T. Matthew O'Neill II, 2024 North Galveston Avenue, addressed Council and stated his concerns regarding the building of a mini -storage on Orange Street. Mr. O'Neil stated he would like the Councilmembers to take a few things in consideration before approving the ordinance; consider a 10 foot masonry fence on all four side, it looks nicer, more durable, less sound coming through; the front lot should appear residential, it will fit the look and feel of a neighborhood and potential Old Townsite Plan; no access through the back via Galveston unless required for Emergency Vehicles as per the Fire Marshal, it will keep the traffic down on the public street; no second businesses allowed to operate out of the facility, it will limit excess noise and visitation; 15 feet of the 25 foot commercial to residential easement should keep the existing trees, it will keep a sound and visual buffer for neighborhoods, this space already cannot be built on, the entire eastern side should be considered residential to commercial; required on-site retention, not to affect the drainage in the area so much along with other requirements of the drainage department; there needs to be parking in front of the fence to allow traffic to flow properly on Orange; and install speed tables to slow additional new traffic. Mayor Pro -Tem Cole stated if someone has been told not to come and speak at a meeting, he is very concerned. He confirmed that we live in a democracy, which entities one to freedom of expression and speech. Bobby Tran, 2702 Evergreen Drive, addressed the Council and stated he has a family business not a corporation. Mr. Tran confirmed he is trying to build his business and be respectful to the residents and their neighborhood. Page 8 of 18 — 6/27/2005 Councilmember Tetens stated he would like to add to the specific use permit the requirement that an eight -foot solid masonry fence, be built on the east side of the property that is adjacent to residential. Councilmember Marcott stated he supports a park for this piece of land. He stated the City has spent a lot of money on the Old Townsite Study. He is concerned the applicant stated it will be a family owned business, however, there is at least one storage facility in the City that has been sold and another in the process of being sold. Corporations are purchasing these facilities trying to create a monopoly on storage facilities. Eventually, it will end up being a corporate facility. He further stated he is concerned and is willing to place $500 down towards this property if the City has to foreclose on it so a park can built at this location. In closing, he stated this is not the highest and best use of the property; it should be a park. Lengthy discussion ensued between Council, Staff and City Attorney regarding the lot width, zoning and setbacks. Councilmember Owens stated if this goes forward, the motion should be amended to include a ten -foot fence. This property is already zoned Commercial. There could be many uses the property may be used for and the Council cannot stop it as far as the Commercial Zoning. The Land Use Plan for the Old Townsite has not been brought to Council for approval. One of the items for the Old Townsite is to increase the density and for commercial business and residential to coexist together for the Old Village District in the Old Townsite area. Councilmember Owens asked staff to get with the applicant and the seller or buyer and see if they will agree to some of the changes or the other option is to see what other types of uses the property will be used for in thirty to sixty days from now. It will more likely be a more extreme use than the storage facility. He is not sure the City has the funds to buy a park. The City is in the midst of reviewing a Parks Plan. In closing, he stated the best thing now is to work together and to built a facility that will have an attractive impact for the area. Mayor Pro -Tem Cole stated he is not sure the applicant will get what he needs out of this property even if he moves forward due to the setback requirements. He hopes the residents on Orange Street and in the area understand what the Council is discussing. There is an existing piece of property that is zoned Commercial and the width is grandfathered. Something could go in there tomorrow, without any say from Council or really from the residents. Does Council allow something like a mini -storage facility to be built today knowing what that is going to be versus the unknown tomorrow. Discussion ensued between Council, Staff and the City Attorney regarding the setback requirements on this particular piece of property. The twenty-five foot setback will not apply until you get close to two-thirds or a least half way back on the property. Page 9 of 18 — 6/27/2005 Mayor Pro -Tem Cole made the motion, seconded by Councilmember Marcott, to table Consent Item D. Ordinance No. 509-783 on its second and final reading to allow all the parties to exhaust all opportunities before Council takes action. Voting "Aye" Councilmembers Marcott, Owens, Tetens and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Viktorin absent. Mayor Pro -Tem Cole called for a recess at 8:52 p.m. Mayor Pro -Tem called the meeting back to order at 9:05 p.m. NEW BUSINESS COUNCIL ACTION — REMOVE FROM TABLE ORDINANCE NO. 509-779. City Council. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to remove Ordinance No. 509-799 from the table. Voting "Aye" Councilmembers Marcott, Owens, Tetens, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Viktorin absent. FIRST READING OF ORDINANCE NO. 509-779 — 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 30.06 ACRES OF LAND, SITUATED IN THE H.T. & B.R.R. COMPANY SURVEY, SECTION 1, ABSTRACT 233, AND THE R.B. LYLE SURVEY, SECTION 2, ABSTRACT 542, ALSO BEING ALL OF RESERVE "A," "B," "C," AND "D," OF PEARLAND CENTRAL WAL-MART, A SUBDIVISION RECORDED AT VOLUME 24, PAGE 250, OF THE BRAZORIA COUNTY PLAT RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 1919 N. MAIN STREET) (SPECIFIC USE PERMIT APPLICATION NO. 142) FOR A SPECIFIC USE PERMIT FOR OUTSIDE DISPLAY, STORAGE, AND SALE OF MERCHANDISE AND EQUIPMENT IN THE COMMERCIAL DISTRICT (C(S)), AT THE REQUEST OF HUGH BLANCHARD, APPLICANT FOR WAL-MART STORES TEXAS L.P., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY Page 10 of 18 — 6/27/2005 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. 509-779 on its first reading as amended. Mayor Pro -Tem Cole read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Specific Use Permit Application No. 142. City Manager Bill Eisen stated this item was tabled at a prior meeting. There were specific conditions placed on approval of the site plan, and some confusion regarding outside storage areas. Hugh Blanchard, 11490 Westheimer Suite 700, addressed Council and stated he is available to answer questions about the new Wal-Mart on SH 35. He will need to obtain a Specific Use Permit for outside storage purposes, almost every Wal-Mart has. Mr. Blanchard stated the outside storage would be used from February to September of each year to store mulch, soil, and similar items. He also stated that the new Wal-Mart is approximately 565 feet from SH 35 and there is more parking than they are required to have. Tracy Youngblood, 11490 Westheimer Suite 700, addressed the Council and stated he had nothing further to add, and is available to answer questions. Nick Finan Executive Director of Community Services gave a brief presentation regarding the outside storage pad sites. Councilmember Marcott stated he has a problem with the trade out of spaces up front for parking. The spaces in back of the store are not convenient and is not a fair trade. Mr. Blanchard stated the spaces in the back are adjacent to the car center in the back. These spaces are utilized at all Wal -Marts. There is always parking spaces in the back specifically for those purposes. He further stated they may not get the use that the ones in the front get; the parking spaces are utilized as needed. Councilmember Marcott stated he also wants to add to the document; there shall be no truck parking on the property. He is concerned about eighteen -wheelers parking for prolonged periods. The parking is for the store not for eighteen -wheelers. Brief discussion ensued regarding the parking of eighteen -wheelers. Page 11 of 18 — 6/27/2005 Councilmember Marcott made the motion, seconded by Councilmember Owens, to amend the original motion to allow nine months of outside storage as part of the stipulation for outside storage. Voting "Aye" Councilmembers Marcott, Owens, Tetens, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Viktorin absent. Mayor Pro -Tem Cole called for a vote on the original motion as amended. Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Viktorin absent. FIRST READING OF ORDINANCE NO. 509-784 — 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 2.370 ACRE TRACT IN THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 542, BEING PART OF THE SOUTH ONE- HALF OF LOT 58 OF THE W. ZYCHLINSKI SUBDIVISION, SECTION TWO AS RECORDED IN VOLUME 29, PAGE 43 OF THE BRAZORIA COUNTY DEED RECORDS, AND IS PART OF THE REMAINDER OF A 9.6659 ACRE TRACT DESCRIBED IN A DEED TO PEARLAND STORAGE FACILITY, L.C., AS RECORDED IN CLERK'S FILE NUMBER 93-020900 OF THE BRAZORIA COUNTY OFFICIAL RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF STATE HIGHWAY 35 (MAIN STREET), AND ON THE NORTH SIDE OF FUTURE MCHARD ROAD) (SPECIFIC USE PERMIT APPLICATION NO. 144) FOR A SPECIFIC USE PERMIT FOR OUTSIDE DISPLAY, STORAGE, AND SALE OF MERCHANDISE AND EQUIPMENT IN THE COMMERCIAL DISTRICT (C (S)), AT THE REQUEST OF OFFICE WEST REALTY COMPANY, APPLICANT FOR PEARLAND STORAGE FACILITY, L.C., 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 Councilmember Owens, to approve Ordinance No. 509-784 on its first reading. Page 12 of 18 — 6/27/2005 Mayor Pro -Tem Cole read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Specific Use Permit Application No. 144. City Manager Bill Eisen stated this item relates to the expansion of an existing mini - storage facility. The facility was sold at a time before a specific use permit was required. This only will apply to the additions to the existing facility. Mayor Pro -Tem Cole reported this facility will fall under the regulations of the McHard Overlay District, which mirrors the Pearland Parkway Overlay District. Councilmember Marcott stated with the Overlay Zone and frontage on McHard Road this is not the highest and best use of this property and he opposes it. Voting "Aye" Councilmembers Tetens, Owens, and Cole. Voting "No" Councilmember Marcott. Motion Passed 3 to 1, with Councilmember Viktorin absent. COUNCIL ACTION — RESOLUTION NO. 2005-108 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE FINAL RECOMMENDATIONS OF THE CHARTER REVIEW COMMISSION INTO THE OFFICIAL RECORD OF THE CITY AND DIRECTING STAFF TO PUBLISH THE RECOMMENDATIONS IN THE NEWSPAPER. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2005-108. City Attorney Darrin Coker stated the Charter Review Commission has fulfilled their duty, and just conducted their last meeting this evening. This is a Charter requirement. The Council adopts the Charter Review Commission's recommendations into the records of the City and then they will be published in the local newspaper. The City Council will have an opportunity to review the recommendations. Later this year the Council will determine which charter amendments will be sent to the voters for consideration. Many of the changes that have been recommended are minor changes and some clarification as well. One thing that is significant is a recommendation made by the Commission to reconvene in 2007. Due to the increase in population and population shift in Pearland toward the west, they feel in 2007 it will be time to reconvene and evaluate the need to expand the number of Councilmembers as well as the possibility of going to voting districts. Mr. Coker thanked Deputy City Attorney Nghiem Doan for his work with the Charter Commission and wants to thank each member that served on the Charter Review Commission; Susan Elam; Tom Alexander Jr.; Helen Beckman; Scott Westveer and Eric Wold. Page 13 of 18 — 6/27/2005 Mayor Pro -Tem Cole stated he feels it interesting that the Commission is passing on the possible creation of districts and additional Councilmembers for two years. The growth and expansion can be seen now. Mayor Pro -Tem Cole asked how many amendments are being presented to Council. City Attorney Darrin Coker stated the Charter is typically amended by each section. There are six potential amendments. The proposed amendments will most likely be considered in May 2006. Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Viktorin absent. COUNCIL ACTION — RESOLUTION NO. 2005-104 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 6 ASSOCIATED WITH THE DIXIE FARM ROAD PROJECT. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2005-104. City Manager Bill Eisen stated this is in regards to the connection of Blackhawk and Dixie Farm Road. The City has been working on Dixie Farm Road for sometime. The City is faced with a dilemma, and is responsible for Dixie Farm Road. If the City does not take responsibility for providing the left turn, a lot of the advantage is taken away from what we are trying to accomplish with the additional construction of lanes on Dixie Farm Road. This particular contract being considered amends the existing design contract for Dixie Farm Road and provides for traffic studies at the intersection. It appears the traffic signal and turning lanes will be warranted. Brief discussion ensued between Council and Staff regarding the extension of Blackhawk onto Dixie Farm Road. Voting "Aye" Councilmembers Marcott, Owens, and Cole. Voting "No" Councilmember Tetens. Motion Passed 3 to 1, with Councilmember Viktorin absent. COUNCIL ACTION — RESOLUTION NO. 2005-107 — 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 COBB Page 14 of 18 — 6/27/2005 FENDLEY & ASSOCIATES, FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE MAGNOLIA ROAD PROJECT BETWEEN HARKEY ROAD AND COUNTY ROAD 89. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2005-107. City Manager Bill Eisen stated this is the third in a series of contracts related to the Magnolia Road Project. sections one and two have been awarded. This segment of work is from Harkey to Old Chocolate Bayou. The proposed fee is $253,200. Brief discussion ensued between Council and Staff. Sanitary sewer service will be installed later. Project Director Joe Wertz advised Council the City does have the right- of-way for future use. Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Viktorin absent COUNCIL ACTION — RESOLUTION NO. 2005-105 — 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 FRIENDSWOOD FOR COOPERATION IN THE PURCHASE OF STORM DEBRIS REMOVAL SERVICES. Mr. Bill Eisen, City Manager. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2005-105. City Manager Bill Eisen stated this is an agreement for debris removal in the event of a major catastrophe in the City. This contract piggybacks a contract the City of Friendswood has with all of the same terms and conditions. The contract is a little unique because there is not a specific dollar amount in the agreement. What is being done at this point is establishing unit prices, because the amount will not be known until the actual disaster occurs due to the various types of services that will be needed. Under the terms of the agreement the contactor will only perform those services the City request. This issue is before Council now because Federal Emergency Management Agency (FEMA) regulations now require, if debris management is done and removed, in order for the City to receive their reimbursement for the FEMA portion of these costs a contract has to be competitively bid. After a disaster occurs it is difficult to take the time for bid process, because the clean up process starts almost immediately. Buddy Young, Crowder -Gulf, gave Council a brief presentation regarding the contract Page 15 of 18 — 6/27/2005 and services that are available to the City after a disaster has occurred Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Cole. Voting "No" None. Motion Passed 4 to 0, Councilmember Viktorin absent. COUNCIL ACTION — RESOLUTION NO. 2005-106 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE EXCHANGE OF CERTAIN REAL PROPERTY ASSOCIATED WITH THE KIRBY DRIVE EXTENSION PROJECT. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2005-106. City Attorney Darrin Coker stated this is a corrective measure, correcting an over donation of property to the City. Voting "Aye" Councilmembers Marcott, Owens, Tetens, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Viktorin absent. FIRST READING OF ORDINANCE NO. 1222 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, PRESCRIBING THE TYPE OF NOTICE TO BE GIVEN OF THE TIME AND PLACE OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION FOR THE FUTURE ZONING OF PROPERTY LOCATED WITHIN THE BOUNDARIES OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 5. Mr. Darrin Coker, City Attorney. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 1222 on its first reading. City Attorney Darrin Coker stated as of December 31, 2005, Municipal Utility District No. 5 will come into the City. At the same time that happens, the City will be rezoning that property. Chapter 211 of the Local Government Code allows the City to develop an alternate notice procedure for zoning, because such a large area is going to be zoned at one time. This requires a three-fourths vote of Council to approve this ordinance and will require three-fourths vote on the second and final reading as well. This allows the Council to develop an alternate procedure to provide notice to the public by publication in the newspaper only. Individual notices will be provided as well. This helps the City Page 16 of 18 — 6/27/2005 avoid the pitfalls that come with having to provide the other type of notice. In closing Mr. Coker stated the residents in the area involved will have multiple notices and information. This action by ordinance will comply with the Local Government Code. Voting "Aye" Councilmembers Marcott, Owens, Tetens, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Viktorin absent. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:58 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH CITY INFRASTRUCTURE PROJECTS. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:20 p.m. COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH CITY INFRASTRUCTURE PROJECTS. City Council. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to direct Staff to proceed as discussed in Executive Session. Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Viktorin absent. ADJOURNMENT Meeting adjourned at 11:21 p.m. Page 17 of 18 — 6/27/2005 Minutes approved as submitted and/or corrected this the 25t' day of July , 2005. ATTEST: 110 i • Lo� • �� Sec ary Tom Reid Mayor Page 18 of 18 — 6/27/2005