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2005-11-14 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 14, 2005, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The meeting was called to order at 7:40 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 Position No. 3 Vacant Bill Eisen Darrin Coker Others in attendance: Assistant City Manager Nick Finan; Assistant City Manager Mike Hodge; Executive Director of Economic Development Corporation Fred Welch; Police Chief J.C. Doyle; Fire Chief Paul Jamison; City Engineer Doug Kneupper; Director of Finance Andrea Gardner; Acting Public Works Director Danny Cameron; Project Director Joe Wertz; Project Manager Cecil Bowery, Assistant Fire Chief Buck Stevens and Office Coordinator Shannon Seale. The invocation was given by Mayor Pro -Tem Cole and the Pledge of Allegiance was led by Police Chief J.0 Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported that on October 27-28 he visited the Poag McEwen Lifestyle Center in Colorado; October 29 he judged the Halloween costumes for the Pine Hollow Home Owners Association, presented the Proclamation for the Festival of Lights at Rogers Middle School; October 31 he attended Council Workshops; November 1 he joined City Manager Bill Eisen at a surface water Meeting with Brazoria County Judge John Willy, he attended the Rita Evaluation with Brazoria County Judge Willy and the County Officials; November 2 he spoke before PAS Realty Network along with Alvin's Mayor, he attended Clear Lake's Economic Alliance at Space Center Houston; November 3 he attended Southeast Shrine Club Monthly Meeting; November 6 he cut the ribbon for Hindu Temple Staff Quarters; he attended the Special Council Meeting and Workshop, joined City Manager Bill Eisen, Brazoria County Judge Willy and Texas Water Board on surface water issues; November 8 he attended Christian Helping Hands Open House and Presentation; November 9 he attended Pearland Arts League Board Meeting, he attended Adult Reading Center Board Meeting; November 10 he attended Unified Development Code presentation to developers, he attended the open house for Dr. Kelly Herme, he attended open house for Chris Bemo Realty, he attended Cancer Rally Walk for Life, he attended the Graduation for the Citizen Police Academy; Page 1 of 11 — 11 /14/2005 November 11 he spoke at the Veterans Day Event at Zelinsky Park and for the special memorial for Corporal Billy Miller, he attended open house and Pearland Economic Development Corporation check presentation to Walker Community Company; November 13 he presented a proclamation to Faith Christian Church recognizing their first service in Pearland; November 14 he attended the City Audit Committee. Mayor Reid requested that any candidates for Council Position No. 3 come forward and introduce themselves. Steve Saboe, 3504 Lindhaven, introduced himself and gave background information on himself and his history in Pearland. COUNCIL ACTIVITY REPORTS Councilmember Tetens passed on his report. Councilmember Owens stated that the Veterans Memorial Ceremony he attended was something that was needed by the City for some time and that the Leadership Class that put it together did a great job. He recommended that everyone go see The Memorial if you have not already seen it. He also stated the Mayor Reid made an eloquent speech at The Memorial and he appreciated Mayor Reid making the speech. Mayor Pro -Tem Cole reminded everyone that early voting begins Wednesday, November 16, 2005, and told everyone where the polling places were located. He thanked the veterans that served our Country. Councilmember Marcott stated that the previous Wednesday his wife and he went to the Kelsey -Seybold Clinic located on the South Loop and presented a proclamation to the periOperative nurses, who are the nurses in the recovery room when you get out of surgery. On Saturday, November 12, 2005, he attended the community clean up sponsored by Keep Pearland Beautiful at the Recycling Center. There was enough trash picked up to fill an 18 -wheeler a quarter full. He also commended Mayor Reid for the Veterans Day Ceremony that he participated in and for the dedication of the monument for Corporal Billy Miller. He stated he spoke to Mr. Miller's parents and they told him they could not say enough about Pearland's participation when Mr. Miller was brought home and how much they appreciated it. He suggested that a flag pole be placed at the park and made suggestions on how to make it happen. CITY MANAGER'S REPORT City Manager Bill Eisen introduced Mike Hodge as one of the new Assistant City Managers. He stated what Mr. Hodge's duties would involve including direct responsibility for Capital Projects, Engineering and Public Works. He also added that Assistant City Manager Nick Finan has had the title for a little more than a month now Page 2 of 11 — 11/14/2005 and continues the duties he has had and now Parks & Recreation will report directly to him. He stated that structurally where there was once a Deputy City Manager now there are two Assistant City Mangers. He stated that overall salary costs are the same since the Deputy City Manager position salary was slightly reduced and Nick Finan's salary increased. CITIZENS Bert Withers, 2825 Piper Road, addressed Council and stated approximately six months ago his community created a petition to put some type of speed control on Piper Road. Since the addition of the school at the end of his road and the expansion of the West Oaks subdivision there is substantial traffic flow often at speeds exceeding 60-70 mph. He knows this because he has observed Police Officers patrolling the road. He states that most of the traffic is using Piper Road as a short cut instead of using FM 1128. He is bringing this to Council's attention since it has been six months and there has only been one day of monitoring but he was originally told there would be three days of monitoring. He stated that the residents had been given three options by Acting Director of Public Works Danny Cameron and Streets and Drainage Superintendent Louis Robertson to fix the problem. Those three options include the following; reduce the speed limit to 30 mph, increase Police patrol, and speed bumps. He is asking the City to please take some action on putting some speed control on Piper Road. There are at least a half a dozen families with small children that live on that road. Gary Lucas, 2822 Piper Road, addressed Council and asked why the school zone cannot be moved further down the road during certain times of the day. He stated it may be a State issue but the City should take this into consideration because he does see small children walking next to the road with the cars speeding down the road. He would really like to see speed bumps or make the road a dead end and thinks that someone has dropped the ball since nothing has been done to date. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the September 12, 2005, Regular Meeting held at 7:30 p.m. 2. Minutes of the September 19, 2005, Special Meeting held at 7:00 p.m. 3. Minutes of the October 3, 2005, Special Meeting held at 7:00 p.m. 4. Minutes of the October 17, 2005, Special Meeting held at 7:00 p.m. 5. Minutes of the October 24, 2005, Special Meeting held at 6:30 p.m. 6. Minutes of the October 24, 2005, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE OF SHADOW CREEK RANCH SF 50. Mr. Doug Kneupper, City Engineer. Page 3 of 11 — 11 /14/2005 C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2005-174 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT REPORT FOR THE QUARTER ENDING SEPTEMBER 2005. Mr. Bill Eisen, City Manager. D. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1233 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE PLACEMENT OF STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND (SUNRISE TRAIL @ SUNGLEN DR.); PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE FOR PUBLICATION, 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. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2005-173 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON-GALVESTON AREA COUNCIL (HGAC) FOR THE PURCHASE OF HANDHELD RADIOS. Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2005-172 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON-GALVESTON AREA COUNCIL (HGAC) AND THE BUYBOARD FOR THE PURCHASE OF TWO MINI EXCAVATORS. Mr. Bill Eisen, City Manger. Councilmember Tetens made the motion, seconded by Councilmember Owens, to adopt Consent Agenda Items A through F, as presented on the Consent Agenda. Voting "Aye" Councilmembers Tetens, Owens, Cole and Marcott. Voting "No" None. Motion Passed 4 to 0. Page 4 of 11 — 11 /14/2005 NEW BUSINESS COUNCIL ACTION — RESOLUTION NO. R2005-176 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN AUTOMATIC MUTUAL AID EMERGENCY RESPONSE AGREEMENT WITH THE PEARLAND VOLUNTEER FIRE DEPARTMENT AND THE SOUTHEAST VOLUNTEER FIRE DEPARTMENT. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2005-176. City Manager Bill Eisen stated this agreement is different from ones in the past due to the fact that the Southeast Volunteer Fire Department would automatically be asked to respond along with our personnel if their personnel is available and we would do the same. Fire Chief Paul Jamison stated the concept of the Auto Aid addresses strictly structures or building type fires that are reported. In the event of a report that comes in a specifically delineated area, this agreement will address at the time of dispatch that Southeast Volunteer Fire Department would automatically be contacted. This does not address any other types of standard still alarms such as vehicle/trash/rubbish fires -just strictly structural type fires. Voting "Aye" Councilmembers Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 4 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-169 — 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 CARTER & BURGESS, INC., FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE EXPANSION OF THE SOUTHWEST ENVIRONMENTAL CENTER WASTEWATER TREATMENT PLANT. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2005-169. City Manager Bill Eisen stated this item was on a previous agenda but was tabled for further conversation for this meeting. There was a request made by a Councilmember indicating that a specific schedule had not been included in the package, which he now has, and was passed out to Councilmembers. Page 5 of 11 — 11 /14/2005 Project Director Joe Wertz addressed Council and stated that two weeks ago it was requested that engineering work associated with the proposed administrative building be removed. He stated that what Council now has is the reduced proposal showing the savings of $60,000.00. He stated that Tolunay-Wong Engineers, a geotechnical firm, would be used as the geotechnical consultant on this project and a new firm is being introduced, Armani Surveyors, to test them out and do some of the work and to develop a new business relationship. Voting "Aye" Councilmembers Tetens, Owens, Cole, and Marcott. Voting "No" None. Motion Passed 4 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-175 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING THE CITY OF FRIENDSWOOD'S APPLICATION TO THE TEXAS WATER DEVELOPMENT BOARD FOR A FLOOD PROTECTION PLANNING GRANT. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Councilmember Owens, to approve Resolution No. R2005-175. City Manager Bill Eisen stated this item had been considered before, approximately eight months ago, but in a different funding cycle. He also stated that our share of the cost would be in the $30-35,000 range, which would be presented in an agreement between all parties involved. Mayor Pro -Tem Cole asked when the formula would be finalized. City Manager Bill Eisen stated that the formula for the agreement would be finalized within one month. Voting "Aye" Councilmembers Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 4 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-170 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 AUTHORIZING THE ISSUANCE OF $2,400,000 UNLIMITED TAX BONDS, SERIES 2005. Mr. Darrin Coker, City Attorney. Page 6 of 11 — 11 /14/2005 Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2005-170. City Manager Bill Eisen stated this item involves the approval of the issuance of debt by Municipal Utility District No. 6, located outside the City limits. The amount of debt proposed to be issued is $2,400,000. Voting "Aye" Councilmembers Tetens, Owens, Cole and Marcott. Voting "No" None. Motion Passed 4 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-171 — A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CASTING VOTES FOR CANDIDATES FOR THE BRAZORIA COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS. Mayor Tom Reid. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Cole, to approve Resolution No. R2005-171, as amended. Mayor Reid reported that Ruby Jo Knight has volunteered to serve on the Brazoria County Appraisal District Board of Directors as she had done previously. Councilmember Marcott asked how many people would be elected to the Board. City Manager Bill Eisen stated that five candidates would be elected to the Board. The numbers of votes are based on the total tax levy of the voting entity and the total tax levy in the County. Because the County's tax rate is higher and their base is larger, their number of votes are considerably higher than the City's votes. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Cole to amend the original motion to add Ruby Jo Knight as the candidate the City is casting their vote for. Voting "Aye" Councilmembers Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 4 to 0. Mayor Reid called for a vote on the original motion as amended. Voting "Aye" Councilmembers Marcott, Cole, Owens, and Tetens. Page 7 of 11 — 11 /14/2005 Voting "No" None Motion Passed 4 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1234 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, GRANTING A VARIANCE REQUEST FOR THE ISSUANCE OF A BUILDING PERMIT PRIOR TO THE APPROVAL OF THE FINAL PLAT AND PRIOR TO THE COMPLETION OF THE PUBLIC INFRASTRUCTURE FOR A PROPOSED HEALTHCARE FACILITY. Mr. Nick Finan, Assistant City Manager. Councilmember Marcott made the motion, seconded by Councilmember Owens, to approve Ordinance 1234, on its first and only reading. City Manager Bill Eisen stated this issue was discussed at the previous week's meeting and it is a request from Memorial Hermann Hospital to obtain the building permit before the City's procedures would allow this type of permit to be issued. A number of issues have been raised by the staff about issuing the permit, which is the reason it was tabled at the last meeting. Assistant City Manager Nick Finan stated he has spoken with Jerry Mueck, a representative for Memorial Hermann, addressing the concerns the City has. He stated that Mr. Mueck has submitted a letter addressing the City's concerns, which Council does have. He also states one of the main concerns had is the precedence this may set by approving this Ordinance without the required information turned in. Staff has not given their final recommendation and a unique hardship has not been found for this approval. Jack Carter, Dannenbaum Engineering, addressed Council and answered each of the seven concerns staff had previously submitted in letter form. Mayor Reid stated that this is for Memorial Hermann to request a variance to allow a building permit prior to final plat completion. What they are looking at tonight is a permit to start installing infrastructure for the project. He also asked when the bids were due for this project by the contractor. Jack Carter replied that the bids are due Friday. Mayor Reid asked why a deadline was set for the bids to be due before knowing if there would be Council approval. Jerry Mueck, representative for Memorial Hermann, addressed Council and stated that once they began the planning process, they did have architectural plans and put those out to bid for the best pricing. Bids were received assuming that the platting and so Page 8 of 11 — 11/14/2005 forth would come through in a timely manner, which it has not, and this is why they are asking for the variance tonight. Mayor Pro -Tem Cole stated he does not understand why this is an issue and asked if there had been a delay from the City in getting a plat through or if the City has put undo requests on the back of the developer that has delayed this process. He stated there are other projects with the City where this process of obtaining approval is not an issue. He stated he has a hard time granting this approval without showing anywhere that the City did anything to cause this delay in the approval process. Jack Carter, Dannenbaum Engineering, addressed Council and stated when they submitted the revised preliminary plat in May 2005; they were unaware that the Business Center Drive location that had previously approved two years ago was taking such a drastic adjustment. When this was found out, City staff told the developers this was a problem because Business Center Drive was going to be re -aligned and the road for this project would have to be moved approximately 200 feet. This triggered quite a lot of revisions on their plans, which took more time, and to date this still has not been resolved. Mayor Pro -Tem Cole asked why Business Center Drive moved over the last two years City Engineer Doug Kneupper stated the preliminary plat came in a couple of years ago for this project and all the City Staff had to use as a guide was the Master Thoroughfare Plan and a lot of acreage to the South. Since that time though, Staff still had the Thoroughfare Plan but now there are some very definite plans to the South with the acreage, which makes that roadway less flexible. Assistant City Manager Nick Finan stated he wanted to clarify that the road was approved two years ago and was part of the preliminary plat that was originally submitted at that time. The preliminary plat has now expired. If someone comes in from the South section and asks what the road line is from the North there no longer is one because once the plat expired there is only one year to hold the information. City Attorney Darrin Coker stated Staff would reiterate the fact that whatever the Council decides to do they would be in support of their decision but there are still significant concerns with the precedence this approval would set for future requests. City Manager Bill Eisen stated the precedence this decision would set is something to consider. The Economic Development Director has received an inquiry from another project in town regarding some issues regarding road alignment and it is in preliminary plat stage but the developer is asking if they can obtain a building permit so they can get started. He states that if Council does decide to move forward and approve this, then the City should expect to see others with the same request. If Council is Page 9 of 11 — 11 /14/2005 comfortable approving this type of issue once, will they be comfortable doing it again as the circumstances come up with developers. Councilmember Marcott stated that there is no question that a Memorial Hermann facility is an important element for the City of Pearland. He states that although this is needed, there is a process to follow and this process is not being followed and there are a lot of other developers ahead who have followed the process and everyone should be treated fairly. The drainage study was approved two years ago and now the plat has expired and a special request is being made because of these reasons. He stated that Pearland does need a hospital but it has to be done in timely manner following the set process instead of doing it in a hurry -up and get it done now manner and then finding errors that were overlooked. He will have a hard time approving this based on what he has said and that his first responsibility is to the citizens of Pearland. Lengthy discussion ensued between Council and Staff deciding on when the deadlines would be to have the required information turned in so that both parties are satisfied. The final plat will be turned in to submit at the December 5, 2005, Workshop Meeting with final approval being on the December 12, 2005, Regular Council Meeting. Voting "Aye" None. Voting "No" Councilmembers Tetens, Owens, Cole and Marcott. Motion Failed 4 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:55 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH CITY INFRASTRUCTURE PROJECTS. Mr. Darrin Coker, City Attorney. 2. 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 10:25 p.m. Page 10 of 11 — 11/14/2005 COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH CITY INFRASTRUCTURE PROJECTS. City Council. No action taken by Council. COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. City Council. No action taken by Council. ADJOURNMENT Meeting was adjourned at 10:25 p.m. Minutes approved as submitted and/or corrected this the 12th day of December, A.D., 2005. ATTEST: FJP ice Mary - ., Tom eid Mayor Page 11 of 11 - 11/14/2005 THIS PAGE LEFT BLANK INTENTIONALLY