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2005-11-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 28, 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 7:35 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Others in attendance: Nick Finan; Executive Police Chief JC Doyle; Danny Cameron; EMS Manager Al Hague. Tom Reid Kevin Cole Richard Tetens Woody Owens Larry Marcott Position No. 3 Vacant Bill Eisen Darrin Coker Young Lorfing Assistant City Manager Mike Hodge; Assistant City Manager Director of Economic Development Corporation Fred Welch; City Engineer Doug Kneupper; Acting Public Works Director Director Jeff Sundseth; Project Director Joe Wertz and Project 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 introduced Assistant City Manager Nick Finan who reported on the Eyes of Pearland Program. The Eyes of Pearland is a citizen -based volunteer program that assists the City's Code Enforcement Department. Mayor Reid and Assistant City Manager Nick Finan presented a Certificate of Appreciation and the recipients of this Certificate were; Delores Fenwick, Helen Beckman, Linda Cowles, Dale Pillow, Sheila Reid, Marilyn Schwettman and Neil West Mayor Reid reported that on November 15 he attended the Houston Galveston Area Council Board of Directors Meeting, met with the Mayor of Marble Falls, Texas who was in Pearland visiting and learning about controlling growth, attended the Pearland State Bank Open House, attended the Joint Workshop of Council and Pearland Independent School District Trustees; November 16 he attended the Exchange Club "One Nation Under God" breakfast, attended the Chamber luncheon to hear Fred Welch speak, attended the Alliance Houston Port Region Board of Directors Meeting, attended the monthly Brazoria County Cities Association Meeting; November 17 he attended the Chamber Leadership Council, presented awards at the annual City Thanksgiving Luncheon, attended the Gulf Coast Water Authority Board of Directors Meeting, Page 1 of 10 —11 /28/2005 attended the Annual Keep Pearland Beautiful Awards Dinner; November 18 he attended the HGAC Transportation Policy Council Board of Directors Meeting; November 19 he spoke at the Eagle Scout Court of Honor; November 21 he participated in the Council Agenda Meeting, attended the Pearland Economic Development Corporation Board of Directors Meeting, chaired Council Workshop and Joint Meetings with Planning and Zoning; November 28 he attended Pearland Independent School District's Education Improvement Committee. COUNCIL ACTIVITY REPORTS Councilmembers Tetens, Owens, Cole, and Marcott passed on giving a report. CITY MANAGER'S REPORT City Manager Bill Eisen reported that on Thursday night December 1, 2005, there is the annual Tree Lighting Ceremony at 7:00 p.m. The following Saturday there is the annual Christmas Parade starting at 6:00 p.m. The parade starts at FM 518 at Old Alvin Road to Pearland Parkway which will be blocked off for the duration of the parade. He also stated Early Voting would be ending on Tuesday, November 29, 2005, and the two Early Voting polling places are at Epiphany Lutheran Church from 8:00 a.m. to 5:00 p.m. and at City Hall from 7:30 a.m. to 5:30 p.m. Election day will be Saturday, December 1, 2005, from 7:00 a.m. to 7:00 p.m. He also reported that the City will be closed on Friday, December 23, 2005, and Monday, December 26, 2005, for the Holidays. The last Regular Council meeting falls on December 26, 200, so it has been cancelled along with the Public Hearings that regularly take place on the third Monday of the month. There will be two Regular Council Meetings on Monday, December 12, 2005. Mayor Reid recognized Council Position No. 3 candidates that were in the audience; Mr. Steve Saboe was present and introduced himself to the audience. CITIZENS Michael Klaus, 5016 Groveton, addressed Council and stated the numbers nine and 13 are the numbers he wants Council to write down. Nine inches is the water level he was told that would be received from the newly designed plans that were prepared by the Projects Department that is now delaying the completion of Corrigan by almost two years. Nine inches is based on having all the projects finished and that is going to be the water level above curb pipe in his neighborhood. He attended the meetings where the Corrigan Project was discussed and he was told that when the project was finished there would be about 13 inches of water over the hub until all the other projects in the area were finished like West Mary's Creek and Veterans. He is requesting Council to ask the Projects Department why it has taken two years to decide that the plans need to be looked over again. Page 2 of 10 — 11/28/2005 Kitty Anthony, 3307 Jacquelyn, addressed Council and stated she represents Regency Park Subdivision. It has come to her attention that there are plans on installing a 911 - access gate. The residents do not want the subdivision opened up to Barry Rose Road and it has been promised to the residents year after year that the Subdivision would not be opened. There is no need for the access gate and if money needs to be spent, they would rather their roads be fixed. Lora O'Neill, 2024 N. Galveston, addressed Council and stated she is having issues with the communication process for the City of Pearland. The slow time frame residents are experiencing in receiving mail is affecting their ability to pay bills by the due date or attend Pearland functions. Not all residents in her neighborhood are receiving fliers or notices of Council meetings. She stated that she is not clear whether the issue is one the Council has authority over but she would like the problem handled. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the September 19, 2005, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the October 3, 2005, Joint Public Hearing held at 6:30 p.m. 3. Minutes of the October 10, 2005, Regular Meeting held at 7:30 p.m. 4. Minutes of the October 17, 2005, Public Hearing (Frontage Roads) held at 6:30 p.m. 5. Minutes of the October 17, 2005, Public Hearing (Old Town Downtown District) held at 6:30 p.m. 6. Minutes of the October 31, 2005, Special Meeting held at 6:00 p.m. 7. Minutes of the November 7, 2005, Special Meeting held at 6:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2005-177 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING TIMES AND DATES FOR DECEMBER 2005, DUE TO THE HOLIDAY SEASON. Mr. Darrin Coker, City Attorney. C. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE OF VILLAGES OF MARY'S CREEK SECTION 1 PHASE 2. Mr. Doug Kneupper, City Engineer. Councilmember Marcott asked that Consent Agenda Item C be removed from the Consent Agenda for further discussion. Page 3 of 10 —11 /28/2005 Councilmember Tetens made the motion, seconded by Councilmember Owens, to adopt Consent Agenda Items A through C with the exception of item C, as presented on the Consent Agenda. Voting "Aye" Councilmembers Tetens, Owens, Cole, and Marcott. Voting "No" None. Motion Passed 4 to 0. MATTERS REMOVED FROM CONSENT AGENDA As requested by Councilmember Marcott, Consent Agenda Item C was removed for further discussion. C. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE OF VILLAGES OF MARY'S CREEK SECTION 1 PHASE 2. Mr. Doug Kneupper, City Engineer. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve the subdivision acceptance of Villages of Mary's Creek Section 1 Phase 2. City Manager Bill Eisen stated the approval would formally certify the Subdivision meets city requirements. Councilmember Marcott stated he reviewed the attached map of the subdivision and noticed that there are a number of lots that are under the flood plain. City Engineer Doug Kneupper stated the areas in the flood plain have been filled and a letter of map amendment is being prepared on behalf of the developer. Councilmember Marcott questioned why the action is being approved prior to receiving the documentation. Discussion ensued between Council and City Engineer Doug Kneupper regarding the process required to receive the map amendment. Kevin Price, Developer, stated the letter of map revision has been submitted and has met or exceeded all requirements for approval. He assured Council that the lots located in the flood plain will not be released for building until the map amendment approval is received. Voting "Aye" Councilmembers Tetens, Owens, and Cole. Page 4 of 10 — 11/28/2005 Voting "No" Councilmember Marcott. Motion Passed 3 to 1. NEW BUSINESS COUNCIL ACTION — RESOLUTION NO. 2005-178 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE SUBMISSION OF CERTAIN PROPOSED CITY CHARTER AMENDMENTS TO THE VOTERS OF THE CITY. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2005-178. City Manager Bill Eisen referred comments to City Attorney Darrin Coker. City Attorney Darrin Coker stated he has previously provided Council with a copy of the proposed amendments the Charter Review Committee is recommending be submitted to Voters in May 2006. There are a total of five proposed amendments, most of which are minor. Voting "Aye" Councilmembers Tetens, Owens, Cole, and Marcott. Voting "No" None. Motion Passed 4 to 0. COUNCIL ACTION — RESOLUTION NO. R99 -102A — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE CITY'S ANNEXATION PLAN IN ACCORDANCE WITH LOCAL GOVERNMENT CODE, SECTION 43.052. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Tetens, to approve Resolution No. R99 -102A. City Manager Bill Eisen referred comments to City Attorney Darrin Coker. City Attorney Darrin Coker stated that in 1999 after new legislation was passed, the Council had approved a new Annexation Plan. The Annexation Plan did not include any property to be annexed. The action would amend the plan to include Brazoria County Municipal District No. 2 and the properties located within its boundaries. Voting "Aye" Councilmembers Marcott, Cole, Owens, and Tetens Page 5 of 10 — 11/28/2005 Voting "No" None. Motion Passed 4 to 0 FIRST READING OF ORDINANCE NO. 543-3 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 32, TAXICABS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, FOR THE PURPOSE OF UPDATING FEES, FARES AND INSURANCE REQUIREMENTS; 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 Marcott made the motion, seconded by Mayor Pro -Tem Cole, to approve Ordinance No. 543-3 on its first reading. City Manager Bill Eisen referred comments to City Attorney Darrin Coker. City Attorney Darrin Coker stated the City received a request from a cab operator in Pearland to increase the rates charged for one-tenth mile within the City of Pearland. The revisions to the current Resolution are minor and would include a permit fee increase from $25 to $50 to $75 to $100 and an increase in the insurance requirements. In closing Mr. Coker stated the current Resolution is outdated and in need of revision. Voting "Aye" Councilmembers Tetens, Owens, Cole, and Marcott. Voting "No" None. Motion Passed 4 to 0. COUNCIL ACTION — REGARDING CITY OF PEARLAND BOARDS AND COMMISSIONS. Mr. Bill Eisen, City Manager. Councilmember Tetens made a motion, seconded by Councilmember Owens to appoint Jo Knight to serve on the Tax Increment Reinvestment Zone Board No. 2 with a term expiring December 31, 2007 with all remaining items being passed to a future Agenda. Mayor Reid stated several of the Boards have vacancies that need to be filled. City Manager Bill Eisen stated there is a position on one of the Boards, which will expire at the end of 2006, that is vacant due to a death of an incumbent. The position is appointed by the City of Pearland. There is also a joint appointment between the City of Pearland and Alvin Independent School District of an individual whose term would expire at the end of December 2006 if they were not appointed to a new term. Page 6 of 10 — 11/28/2005 Mayor Reid stated that the positions available report out of Assistant City Manager Nick Finan's department. Mr. Finan will be qualifying and reviewing individuals for each position. Mayor Reid stated that the position of Jo Knight will expire in 1 month. Approval to appoint Jo Knight to serve another term can be approved in the current meeting. Discussion ensued between Council and Mayor Tom Reid regarding vacant positions. Voting "Aye" Councilmembers Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 4 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1225-1 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 1225, THE 2005-2006 ANNUAL BUDGET ORDINANCE, BY AUTHORIZING CERTAIN ALTERATIONS TO THE GENERAL FUND (PARKS DEPARTMENT PERSONNEL FOR MUNICIPAL PURPOSES); AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO FACILITATE THE CHANGES IDENTIFIED HEREIN WITHOUT FURTHER APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ADJUST THE CITY BUDGET INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Nick Finan, Assistant City Manager. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 1225-1 on its first and only reading. City Manager Bill Eisen stated multiple conversations have been held with the Board of Municipal Utility District No. 5 regarding adequate funding associated with MUD No. 5. The indications of the meetings were that MUD No. 5 Board's intentions were to enter into a long-term lease with a leasing company that would operate the Westside Event Center. The Board has reconsidered this option and will be turning the Westside Event Center over to the City of Pearland. This presents the City of Pearland with the option to operate this facility as a recreation type facility for citizens on the West side of Pearland. The Ordinance is to obtain funding from the general fund of approximately $55,000 to $65,000 to facilitate the operation of the building. Discussion ensued between Council, Mayor Tom Reid and City Manager Bill Eisen regarding the Ordinance. Page 7 of 10 —11 /28/2005 Voting "Aye" Councilmembers Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 4 to 0. REGARDING A VARIANCE REQUEST FOR MAVERICK GROUP/PROVINCE VILLAGE — BUILDING PERMIT WITHOUT FINAL PLAT OR IMPROVEMENTS. Mr. Nick Finan, Assistant City Manager. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Owens, to discuss the approval of a Building Permit to Maverick Group/Province Village without final plat or improvements. City Manager Bill Eisen stated this item is similar to another item recently considered for Memorial Hermann Hospital. The request is for a development group in town to be able to pursue a building permit prior to full construction of any associated public improvements or public infrastructure improvements. Assistant City Manager Nick Finan stated, at the time of the request, the preliminary plat had been submitted but not approved. Since that time the Council has approved the preliminary plat that includes only the commercial area on Broadway Street. The construction plans have been submitted but not reviewed and the building permit has not been submitted. The developer has stated they will be submitting a final plat as soon as possible. Approval of a final plat typically takes approximately six weeks to process. Discussion ensued between Council, Assistant City Manager Nick Finan, and City Engineer Doug Kneupper regarding the Developer's plan. 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 8:50 p.m. to discuss the following: Page 8 of 10 — 11/28/2005 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. 2. SECTION 551.087 — CONSULTATION WITH CITY ATTORNEY — REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. Mr. Bill Eisen, City Manager. 3. SECTION 551.072 — REAL PROPERTY: DISCUSSION REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY — CITY FACILITIES. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:30 p.m. 7. COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH CITY INFRASTRUCTURE PROJECTS. City Council. No action taken by Council. 8. COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. City Council. No action taken by Council. 9. COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY — CITY FACILITIES. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Tetens, to approve the authorization for staff to move forward with the acquisition of right-of-way as discussed in Executive Session. Voting "Aye" Councilmembers Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 4 to 0. Page 9 of 10 — 11/28/2005 ADJOURNMENT Meeting was adjourned at 11:31 p.m. Minutes approved as submitted and/or corrected this the 27th day of February, 2006. ATTEST: •,Vng Loirg, W Vy Secretary Tom Reid Mayor Page 10 of 10 — 11 /28/2005