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2005-07-11 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JULY 11, 2005, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:36 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney Tom Reid Kevin Cole Richard Tetens Woody Owens Larry Marcott Charles Viktorin Bill Eisen Darrin Coker Others in attendance: Executive Director of Community Services Nick Finan; Police Chief J.C. Doyle; Fire Chief Paul Jamison; City Engineer Doug Kneupper; Director of Finance Andrea Gardner; Public Works Director Jerry Burns; Fire Marshal Steve Chapman; EMS Director Jeff Sundseth; Project Director Joe Wertz; Senior Planner Theresa Grahmann; and Secretary Jane Taylor The invocation was given by Councilmember Viktorin and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported on June 26 — 29, he attended the National Association of Regional Councils representing HGAC and Texas Association of Regional Councils as past President; June 30 Mayor Reid attended the Brazoria County meeting with Texas Highway Commissioners in Austin, TX; July 1 he attended a meeting with Fred Welch and Rene McGuire on an Economic Development Project; July 4 Mayor Reid welcomed the public to the Annual 4th of July Event; July 5 he attended an Agenda Meeting and also met with Mr. & Mrs. Quinton Jamison regarding Yost Road Drainage, supported by Joe Wertz; July 7 — 8 Mayor Reid attended the Quarterly Meeting of the Texas Association of Regional Councils Board of Directors. COUNCIL ACTIVITY REPORTS Councilmember Tetens reported that he did not attended the 4th of July Event but was told by his neighbors that it was the best fireworks display Pearland has ever had. Councilmember Owens reported he met with the Highway Commission in Austin, Texas on June 30. The following week he went back to Austin with the alliance group from Brazoria County and met with TxDot and was reassured that TxDot would help with Page 1 of 18 — 7/11/2005 some of the funding. As of now SH 288 would be the first to be worked on. He commended Judge Willy, Commissioner Jack Harris, and elected officials for giving a presentation at the meeting. Mayor Pro -Tem Cole reported on July 14 there would be a Public Meeting from 6:00 p.m. to 8:00 p.m. at Alvin Community College in Pearland regarding the widening of Highway 35 from Beltway 8 to FM 518. Councilmember Marcott reported he attended a meeting on June 28 with the Brazoria County Multi -Purpose Facility Committee and stated Brazoria County would be bringing a bond issue to be called shortly by the County Court for a multi-purpose facility including a fairground for the county located in the Angleton area that would be visible from SH 288. Also, he attended the fireworks on July 4 and said they were great. Councilmember Viktorin passed on his report. CITY MANAGER'S REPORT City Manager Bill Eisen commended Rhonda Cyrus and Michelle Dunn for their effort in organizing the July 4 event as well as the work of all the Parks staff including cleanup and all others involved. Mr. Eisen stated that this year was one of the best shows and they get better every year. He also reminded everyone that as of July 1, 2005, the City goes to a voluntary watering restriction program. Residents watering outdoors should comply with this program as follows: even numbered addresses water on even days and odd numbered addresses water on odd days with times being from 6:00-8:00 a.m. and 8:00-10:00 p.m. He also stated the City of Pearland has added a lot of capacity to the water system on the west side and are working quickly to get a new well on this side of town. Although, it is voluntary he encourages residents to comply with the program because it reduces the likelihood of looking into anything mandatory. CITIZENS Michael Klaus, 5016 Groveton, addressed Council and stated he was still concerned about the water quality on the west side of Pearland and how it will compare to the rest of the City. He was also curious as to who was in charge of the roadwork on Shadycrest because there are roadblocks on the roads with no visible work being done. He is still concerned about Cullen Boulevard being renamed and he thinks that Hero's Lane is still appropriate for the new name. Mr. Klaus stated that Orange Street should follow the Parks Master Plan as well as the Old Townsite. In conclusion he announced that the Clear Creek Steering Project would be announcing their plan tomorrow. Mathew O'Neill II, 2024 North Galveston Avenue, addressed Council and questioned why the City cannot make the property on Orange Street a park. He expressed how the park would adorn our city with beautiful, old trees. Mr. O'Neil stated that he would be Page 2 of 18 — 7/11/2005 willing to put every penny he can towards making the property become what it should be and what it can be. Lora O'Neil, 2024 North Galveston Avenue, addressed Council and stated that she would like to see the Old Townsite come together and become a park. Ms. O'Neil stated the property does not fit the frontage or commercial requirements. She feels that the Council owes it to the owner to allow him to back out of it as well as the citizens to make it a park. Ms. O'Neil expressed how the park would be a beautiful, natural park with old trees and natural wildlife. In conclusion, she states that she would like to see it become a park and she will put forth whatever money she can afford to help. Marie Shepherd, 2013 North Galveston Avenue, addressed Council and stated that she thinks it would be a mistake to allow the beautiful, old trees to be cut down. Charles McMurrey, 5209 Spring Branch Drive, addressed Council and expressed his views on the homestead tax exemption for those over 65 and disabled. He feels that saying 65 or disabled is not a careful way to state it and this is an issue that should be voted on by the citizens so if consequences occur later on, it is not the City's fault it is the voters. C. D. Anderson, 3215 Jacquelyn Drive, addressed Council and expressed his feelings on the tax exemption, and believes you pay for what you get and you get what you pay for. He also believes that he should not be paying for capital improvements the City is making because he is not getting any use out of, and probably never will. Mr. Anderson stated he feels his tax money is being used by the new people coming to Pearland. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the June 20, 2005, Planning and Zoning Commission held at 6:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. Page 3 of 18 — 7/11/2005 C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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 STORAGE AND MINI -WAREHOUSE 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. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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 CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS Page 4 of 18 — 7/11/2005 RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. E. CONSIDERATION AND POSSIBLE ACTION — EXCUSE ABSENCE OF MAYOR TOM REID FROM THE REGULAR COUNCIL MEETING HELD ON JUNE 27, 2005. City Council. F. CONSIDERATION AND POSSIBLE ACTION — EXCUSE ABSENCE OF COUNCILMEMBER CHARLES VIKTORIN FROM THE REGULAR COUNCIL MEETING HELD ON JUNE 27, 2005. City Council. G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. 2005-114 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT PRICED BID FOR FIRE HYDRANT MAINTENANCE SERVICES. Mr. Bill Eisen, City Manager. Councilmember Tetens asked that Consent Agenda Item C 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 C, as presented on the Consent Agenda. Voting "Aye" Councilmembers Viktorin, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA As requested by Councilmember Tetens, Consent Agenda Item C was removed from the Consent Agenda for further discussion. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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 Page 5 of 18 — 7/11/2005 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 STORAGE AND MINI -WAREHOUSE 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. Mayor Pro -Tem Cole stated the applicant requested that Ordinance No. 509-784 be passed to a future agenda. He further stated they may come in later and withdraw their application, however, they have asked for a couple of weeks to determine if they are going to move forward. No Council action was taken on Consent Item G Ordinance No. 509-784, and was passed to a future agenda. NEW BUSINESS COUNCIL ACTION — RESOLUTION NO. R2005-112 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A FINANCIAL ADVISORY AGREEMENT WITH RBC DAIN RAUSCHER, INC. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2005-112, as amended to extend the contract for and period of ninety days. City Manager Bill Eisen stated for a number of years Dain Rauscher has represented the City regarding bonds sales from time to time. This action is a continuation of the agreement with Dain Rauscher. The contract calls for a period of three years. There is a thirty -day notice to terminate contract by either party. All of the terms and conditions including the fee structures are as they have been in the previous years. Staff is recommending the approval of this resolution. Councilmember Owens stated he would like to look at this. The City has had a contract with Frank Ildebrando and the firms he has worked with for almost twenty years. Councilmember Owens stated after a period of time and using public money the City Page 6 of 18 — 7/11/2005 should go out and solicit information from other firms to take a look at it. This is nothing with Frank Ildebrando or Dain Rauscher. Frank Ildebrando, RBC Dain Rauscher, suggested that Council approve this contract for sixty days. Therefore, he can move forward with the sale of bonds. Discussion ensued between Council and Mr. Ildebrando regarding the contract and services his firm offers. Councilmember Tetens stated he disagrees with not extending the contract. He and the City have worked with Mr. Ildebrando for twenty years. They have done a wonderful job; no one is more knowledgeable on the City of Pearland's finances than Frank Ildebrando. He feels the Council is doing the City an injustice by not extending the contract. City Manager Bill Eisen stated he has worked with Mr. Ildebrando for less than five years and has worked with a lot of financial consultants. He is not sure he has seen anybody as qualified in a general sense, as Mr. Ildebrando. In terms of Dain Rauscher's representation of the City, he has seen nothing but top quality representation. A reason you may look at a change periodically is to save money. A financial advisor's fee that is not as familiar with the market and the City may vary by a few thousand dollars; a few basis points on such a bond issuance as the City has done in the past could cost ten times the fee savings and more. Mr. Eisen stated it is his observation, at the staff level they will do whatever City Council wants to do Councilmember Owens stated Mr. Ildebrando is doing a good job, but this is an opportunity to take a look at the market and see what is available, rather than continuously rolling a contract over and over for twenty something years. Councilmember Owens made the motion, seconded by Councilmember Viktorin, to amend the motion to extend the contract for a period of ninety days. Voting "Aye" Councilmembers Viktorin, Cole, and Owens. Voting "No" Councilmembers Marcott and Tetens. Motion Passed 3 to 2. Mayor Pro -Tem Coles stated the City is working under an expired contract and this should have been taken care of three months ago. Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin. Page 7 of 18 — 7/11/2005 Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1224 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AND ORDERING THE ISSUANCE OF CITY OF PEARLAND, TEXAS PERMANENT IMPROVEMENT AND REFUNDING BONDS, SERIES 2005; PRESCRIBING THE TERMS AND FORM THEREOF; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL THEREOF AND INTEREST THEREON; AWARDING THE SALE THEREOF; AUTHORIZING THE PREPARATION AND DISTRIBUTION OF AN OFFICIAL STATEMENT TO BE USED IN CONNECTION WITH THE SALE OF THE BONDS; AUTHORIZING THE PURCHASE OF BOND INSURANCE; AUTHORIZING THE REDEMPTION PRIOR TO MATURITY OF CERTAIN OUTSTANDING BONDS; AUTHORIZING THE REFUNDING OF CERTAIN OUTSTANDING OBLIGATIONS, THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT AND THE SUBSCRIPTION FOR AND PURCHASE OF CERTAIN ESCROWED SECURITIES; MAKING OTHER PROVISIONS REGARDING SUCH BONDS, INCLUDING USE OF THE PROCEEDS THEREOF, AND MATTERS INCIDENT THERETO; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1224, on its first and only reading, to include First Southwest as the purchasers of the Bonds. City Manager Bill Eisen stated the Council has held two workshops this year regarding the sale of bonds for some new improvements; both street and drainage improvements associated with the 2001 Bond Election. Mr. Eisen stated this is a good opportunity to take advantage of lower interest rates to do some refinancing of current debt. Frank Ildebrando, RBC Dain Rauscher gave Council a presentation regarding the issuance of permanent improvement and refunding Bonds, Series 2005. Lengthy discussion ensued between Council and Mr. Ildebrando regarding the sale of bonds. Voting "Aye" Councilmembers Viktorin, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. Page 8 of 18 — 7/11/2005 FIRST READING OF ORDINANCE NO. 509-785 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 1.00 ACRES OF LAND OUT OF AND A PART OF LOT 168 OF THE ZYCHLINSKI SUBDIVISION IN SECTION 27 OF THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 308, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 29, PAGE 9, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED ON THE SOUTH SIDE OF KEIS ROAD, AND EAST OF WELLS DRIVE) (APPLICATION NO. 1232) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (R -E) AT THE REQUEST OF MAYRA PALACIOS, 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. 509-785 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. 1232. City Manager Bill Eisen stated this ordinance will allow for the construction of one single-family residence. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-786 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 0.5238 ACRES OF LAND OUT OF LOT 1 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 10, TRACT 1E, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 505, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF STONE ROAD, AND SOUTH OF BROOKSIDE ROAD) (APPLICATION NO. 1233) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO NEIGHBORHOOD SERVICE DISTRICT (NS) AT THE REQUEST Page 9 of 18 — 7/11/2005 OF BYRON STEPHEN SUTHERLAND, 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 Viktorin made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-786 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. 1233. City Manager Bill Eisen stated the Planning and Zoning Commission recommended denial of this proposed land use that does not conform to the Land Use Plan. Voting "Aye" None. Voting "No" Councilmembers Viktorin, Marcott, Cole, Owens, and Tetens. Motion Failed 0 to 5. FIRST READING OF ORDINANCE NO. 509-787 — 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 20 ACRES, BEING TRACT 61 AND 62, ABSTRACT 234, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED ON THE WEST SIDE OF ROY ROAD, AND NORTH OF FM 518 (BROADWAY STREET)) (APPLICATION NO. 1231) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF MARY FRANCES LENTZ, 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 Tetens made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-787 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. 1231. Page 10 of 18 — 7/11/2005 City Manager Bill Eisen stated the applicant has not indicated a specific use at this time. The applicant plans to get the property ready for some type of commercial use in the future. Voting "Aye" Councilmembers Viktorin, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-788 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 0.855 ACRES OF LAND, BLOCK 1, OF THE WEST OAKS RECREATION CENTER PHASE A, ABSTRACT 241, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 6601 OLD OAKS BOULEVARD) (SPECIFIC USE PERMIT APPLICATION NO. 145) FOR A SPECIFIC USE PERMIT FOR AN UNSCHEDULED/NEW RECREATIONAL USE, AND MORE SPECIFICALLY, A SUBDIVISION HOMEOWNERS ASSOCIATION RECREATION CENTER, IN THE SUBURBAN DEVELOPMENT DISTRICT (SD(S)) AT THE REQUEST OF PAUL MARCACCIO, APPLICANT FOR WEST OAKS HOMEOWNERS ASSOCIATION, 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 approve Ordinance No. 509-788 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. 145. City Manager Bill Eisen stated this request is for a Homeowners Association Recreation Center to be located near West Oaks Village Subdivision. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin. Voting "No" None. Motion Passed 5 to 0. Page 11 of 18 — 7/11/2005 FIRST READING OF ORDINANCE NO. 509-789 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 0.0413 ACRES OF LAND OUT OF LOT 22, SECTION 8, ABSTRACT 504, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 2633 ROY ROAD) (SPECIFIC USE PERMIT APPLICATION NO. 146) FOR A SPECIFIC USE PERMIT FOR TELEPHONE EXCHANGE SWITCHING RELAY AND TRANSMITTING EQUIPMENT, IN THE SUBURBAN DEVELOPMENT DISTRICT (SD(S)) AT THE REQUEST OF EDWARDS AND KELCEY, APPLICANT FOR SOUTHWESTERN BELL COMMUNICATIONS, 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 Cole made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-789 on its first reading. After the discussion the motion was made to table this Ordinance pending the City receiving additional information from SBC. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Specific Use Permit Application No. 146. City Manager Bill Eisen stated at the time this application was considered at the Joint Public Hearing and the Planning and Zoning Commission. There were two cases filed by SBC. At that time, the Planning and Zoning Commission tabled one of the cases because it is in a residential area. The Commission felt that there should be more efforts by SBC to put a masonry exterior or masonry fence around their facility and landscaping as well to make it blend in more with the surroundings. SBC is taking the position that in their view some question as to the City's legal authority in this area. They believe the standards that apply for one should apply for all. That being the case there is a lesser standard on this one than the Commission is looking at on the other application. Discussion ensued among Council and staff regarding this request. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Cole, to table Ordinance No. 509-789, pending the City receiving additional information from SBC. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin. Page 12 of 18 — 7/11/2005 Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — REGARDING THE CITY SECRETARY'S SUBMISSION OF DULY CERTIFIED PETITION FORMS REQUESTING A RESIDENCE HOMESTEAD TAX FREEZE FOR ELDERLY OVER 65 OR DISABLED. Mr. Darrin Coker, City Attorney. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Cole, to accept into the records duly certified petition forms requesting a Residence Homestead Tax Freeze for the elderly over 65 or disabled. John Ponton, 3653 Skylark, addressed the Council and commended them on voting for the tax freeze. Mr. Ponton reported on the statistics of the number of signatures on the petition as well as the voting statistics of the last election. In conclusion, he asked the citizens in the audience that were for the petition to please stand up and show Council. Mayor Pro -Tem Cole commended the citizens for their grass root efforts showing at its best. Anytime people take to the streets knocking on doors to gather signatures for petitions shows democracy at work. City Attorney Darrin Coker stated if approved it should take effect in the 2006 tax year. Councilmember Viktorin also commended the citizens and applauds the energy and time that was spent to collect the signatures on the petitions. Councilmember Owens in the beginning there was conversation that he was against this and that was not the point at all. He stated some things that come to Council should be voted on and taken care of. Some things that come to Council that is more for the citizen's rights to vote on. Councilmember Owens also commended the efforts of those that supported the petition. He further stated his concerns regarding the Council adopting a "tax freeze" that appears to have no recourse in returning once the "tax freeze" is in effort. It is not incumbent on this Council to do something that will effect as many people's lives as this vote will be it positive or negatives. Once the vote of the people is cast and the will of the people be heard, that is a positive thing to be done. City Manager Bill Eisen reported something can be drafted such as a Question & Answer Sheet stating the facts regarding a "tax freeze." Voting "Aye" Councilmembers Viktorin, Marcott, Cole, Owens, and Tetens. Voting "No" None. Page 13 of 18 — 7/11/2005 Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-109 — A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A SPECIAL ELECTION TO BE HELD ON SATURDAY, SEPTEMBER 10, 2005, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF PEARLAND, TEXAS, A PROPOSITION FOR RESIDENCE HOMESTEAD TAX FREEZE FOR ELDERLY OVER 65 OR DISABLED; ESTABLISHING POLLING PLACES; NAMING CLERKS; AND ESTABLISHING PROCEDURES FOR SAID SPECIAL ELECTION. Mr. Darrin Coker, City Attorney. COUNCIL ACTION — RESOLUTION NO. R2005-110 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING PERSONS TO SERVE AT THE CENTRAL COUNTING STATION, BRAZORIA COUNTY COURTHOUSE, ANGLETON, TEXAS, FOR THE SPECIAL ELECTION TO BE HELD ON SATURDAY, SEPTEMBER 10, 2005. Mr. Darrin Coker, City Attorney. Councilmember Viktorin made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2005-109 and Resolution No. R2005-110. Voting "Aye" Councilmembers Viktorin, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-115 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT WITH M. P. J. P. LTD.. GENERAL PARTNER FOR FITE OFFICE PARK LTD. Mr. Joe Wertz, Projects Director. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2005-115. City Manager Bill Eisen stated this is a development agreement with Mike Pollock's Company. He is proposing an office park on both sides of Fite Road where the extension of Cullen Boulevard is being done. They are in need of water service in that area, and are willing to pay for over sizing or jointly pay between the City and the Developer; there will be a cost of the waterline plus additional sizing that will be necessary to serve other development in the area. This development agreement sets for the terms on the over sizing agreement. Voting "Aye" Councilmembers Viktorin, Marcott, Cole, Owens, and Tetens. Page 14 of 18 — 7/11/2005 Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-116 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 4 ASSOCIATED WITH THE CONSTRUCTION OF THE CULLEN WATER LINE EXTENSION. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Cole, to approve Resolution No. R2005-116. City Manager Bill Eisen stated this is the actual change order to the construction contract on the extension of Cullen Boulevard associated with the previous action. Project Director Joe Wertz gave an overview of the project. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-113 — 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 ESPA CORP., FOR CONSTRUCTION INSPECTION SERVICES ASSOCIATED WITH THE BARRY ROSE PROJECT. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2005-113. City Manager Bill Eisen stated the City recently discontinued the services of Turner Collie and Braden for construction management portion of the service they provide on Barry Rose Road. The structure of the agreement that the City had with Turner Collie and Braden for construction inspection was being done by another firm, and was contracted to Turner Collie and Braden. With the recent change it is necessary to change the construction inspection contract and that is the purpose of this action. Councilmember Marcott asked how this price will compare with what is already being paid. Project Director Joe Wertz reported this contract is less per hour. Mr. Wertz gave an overview of the contract and schedule. Page 15 of 18 — 7/11/2005 Voting "Aye" Councilmembers Viktorin, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-111 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CONVEYANCE OF A WATERLINE EASEMENT TO BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 16. Mr. Darrin Coker, City Attorney. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2005-111. City Manager Bill Eisen stated this is the granting of an easement to Municipal Utility District No. 16, which is in the process of installing a water line that will serve mostly Municipal Utility District No. 16. This easement lies across City owned property and will be used as a future recreational related site. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 569-2 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ARTICLE II, ALARM SYSTEMS, OF CHAPTER 20, OFFENSES AND MISCELLANEOUS PROVISIONS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, FOR THE PURPOSE OF PROVIDING FOR THE RECOVERY OF COSTS INCURRED BY THE CITY IN RESPONDING TO EXCESSIVE FALSE FIRE ALARMS; 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. Councilmember Viktorin made the motion, seconded by Councilmember Owens, to approve Ordinance No. 569-2 on its first reading. City Manager Bill Eisen stated for some time the City has had a false alarm ordinance as it relates to burglar alarms and the types of alarms that are hard wired into the police station. This action adds almost identical conditions for fire alarms. Michael Klaus, 5016 Groveton, addressed the council and stated that the wording on the ordinance regarding inclement weather and false alarms should be amended. Page 16 of 18 — 7/11/2005 Fire Marshal Steve Chapman stated the City receives approximately six false fire alarms a year which is in excess of the standard five alarms addressed in the ordinance. Most false alarm malfunctions are due to the system not being properly maintained. City Manager Bill Eisen stated the Fire Department has reported they have been called out to the same address repeatedly as the result of an alarm malfunction. Councilmember Marcott stated he still has concerns that emergency vehicles are having to wait at intersections because the lights are not turning green to allow them through the intersection. Public Works Director Jerry Burn reported the City was waiting for TxDot to finish their work and once it is done the repair and maintenance company was called out and the repairs were made. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1223 — 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 UPDATE OF THE CITY'S ZONING MAP. Mr. Darrin Coker, City Attorney. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1223 on its first reading. City Attorney Darrin Coker stated this is similar to an ordinance that was approved on the Consent Agenda for Municipal Utility District No. 5. It allows the City to give alternate notice when doing a map and zoning such in this particular case. This is the zoning map for the entire City. Executive Director of Community Services Nick Finan stated workshops need to be held regarding this item. The first workshop is scheduled for Thursday, August 11, 2005, and the second workshop is Tuesday, August 23, 2005. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin. Voting "No" None. Page 17 of 18 — 7/11/2005 Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:34 p.m. to discuss the following: NEW BUSINESS (CONTINUED): 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 10:56 p.m. COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH CITY INFRASTRUCTURE PROJECTS. City Council. No Council action taken. ADJOURNMENT Meeting was adjourned at 10:57 p.m. Minutes approved as submitted and/or corrected this the 22"d day of August, 2005. Tom Reid Mayor ATTEST: _ev.,�.. L0In rTKVC- -� '- ry Page 18 of 18 — 7/11/2005