Loading...
2005-12-12 CITY COUNCIL REGULAR MEETING MINUTES - 7:00PMMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON DECEMBER 12, 2005, AT 7:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:20 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Kevin Cole Richard Tetens Woody Owens Larry Marcott Steve Saboe Bill Eisen Darrin Coker Young Lorfing Others in attendance: Assistant City Manager Nick Finan; Assistant City Manager Mike Hodge; Executive Director of Economic Development Corporation Fred Welch; Director of Human Resources and Safety Management Mary Hickling; Acting Public Works Director Danny Cameron; Project Director Joe Wertz. The invocation was given by Mayor Pro -Tem Cole and the Pledge of Allegiance was led by Councilmember Saboe. MAYOR'S ACTIVITY REPORT Mayor Reid reported on November 29, he met with Nick Finan and SBC regarding special permits and landscaping issues; November 30, he joined Councilmembers and Staff on the Event Center tour in the City of Hidalgo; December 1, he spoke at the graduation of ESL Class sponsored by Pearland Neighborhood Center, he was the Master of Ceremonies at the City Christmas Tree Lighting; December 3, he rode in the City Christmas Parade; December 5, he attended the Agenda Meeting, chaired Council Workshops; December 6, he met with Rob Istre with the Gulf Coast Water Authority, Bill Eisen, and Mike Hodge on a surface water issue, attended the Pearland Neighborhood Center "Soup Kitchen" Event; December 7 — 9 he attended the Association of Regional Councils of Government quarterly statewide meeting in Austin; December 10, he attended the annual City Christmas Party; December 12, he attended the monthly meeting of Pearland Independent School District Education Improvement Committee. COUNCIL ACTIVITY REPORTS Councilmembers Tetens, Owens, Cole, and Marcott passed on giving a report. Councilmember Saboe reported he was a celebrity reader for his daughter's second grade class. Page 1 of 17 — 12/12/2005 7:00 P.M. CITY MANAGER'S REPORT City Manager Bill Eisen reported the holiday schedule for the City of Pearland. The City will be closed Friday, December 23; Monday, December 26; and Monday, January 2. CITIZENS Michael Klaus, 5016 Groveton, addressed Council and stated he attended the Corrigan Meeting. There was about two years of construction on the project before phase three. That should have been sufficient time to go out for bids three months ago when the original plans were to be ready for bidding. Mr. Klaus stated he came before Council two years ago to speak about the drainage on Magnolia. He suggested the Council adopt a policy that would call for the City to have its own hydrology and hydrologic model in house ready to go. Also, the City has a subsidence problem and is sinking. It is easy now to have NASA do a satellite study that will give a baseline and can detect up to less than two centimeters of subsidence. In closing, Mr. Klaus asked that when Council directs the City Staff to prepare studies, they include a confidence interval or range of error. Kitty Anthony, 3307 Jacquelyn, addressed Council and stated she represents Regency Park Subdivision in response to a 911 emergency access gate. She submitted a petition signed by residents of Regency Park. Ms. Anthony stated she and the residents do not wish to have a 911 emergency gate; they wish to have the barrier originally proposed by Council. The residents feel the original barrier is safer and can reduce the chance for traffic cutting through their neighborhood. She stated the extra traffic flow through the neighborhood would be unsafe for children and add wear and tear to the streets that already need repairs. Ms. Anthony stated she has concerns on the distance of pavement from the houses and yards on Barry Rose Road. She asked Council to consider the resident's opinions and not install the 911 emergency gate. William P. Munsch, 3402 Randall, addressed Council and stated his concerns about the traffic. He stated that if the emergency access gate were allowed, a traffic light would be needed and it would raise additional costs. He stated that with extra traffic flow cutting -through the neighborhood, pedestrians in the area would be put at risk. Weldon Rogers, 3204 Randall Drive, addressed Council and stated the issue of connecting Randall Drive and Barry Rose Road has been brought up several times and each time the Council has denied it because of the concerns of the citizens. The petition signed by the residents shows they do not want the two roads to connect in any way. He attended a prior meeting where the issue of connecting the two roads came up and Council agreed to maintain the separation and would urge Council to make the separation decision permanent. James Graham, 3202 Randall, addressed Council and stated his concerns regarding the proposed road connection. This connection would cause an increase in traffic in Page 2 of 17 — 12/12/2005 7:00 P.M. front of his residence, would allow vehicles backed up on Barry Road to drive through the subdivision as a short cut. The connection would cause further traffic problems due to vehicles attempting to enter FM 518 and would also damage roads that are already in bad condition. Mr. Graham stated he purchased his house in the neighborhood because he was assured the road would continue to be a dead end street. John Kegley, 2407 Malon, addressed Council and stated his concerns regarding the proposed road connection and the 911 -access gate. He stated Council is unable to guarantee a future Council would not decide the 911 -access gate was blocking a public road and remove the 911 gate leaving the road connection open to through traffic. The residents are here today to plead with the Council to not connect Randall Drive and Barry Road or install a 911 -access gate. C.D. Anderson, 5215 Jacquelyn Drive, addressed Council and stated the road connection is not a development that has been planned and will not be an asset to the subdivision or residents. There has never been an emergency in the subdivision that required an additional access gate. He also stated that having only one access gte is an asset to residents that has foiled past crimes. If the gate is removed, and a child is killed, the City of Pearland would be open to a lawsuit and asked that the City verify they carried the insurance for an incident like this. The gate would limit the residents' freedom to ride bikes and walk in the neighborhood. Helen Gabriel, 2406 Jacquelyn Drive, addressed Council and stated she does not want the Council to open the connection between Randall Drive and Barry Road. There has never been an issue with emergency vehicles gaining access to the Subdivision. In closing, she does not want a gate installed because eventually the gate will be opened and allow traffic through. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the November 14, 2005, Regular Meeting held at 6:00 p.m. 2. Minutes of the November 21, 2005, Special Meeting held at 6:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. Page 3 of 17 — 12/12/2005 7:00 P.M. C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2005-188 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RATIFYING AN EMERGENCY EXPENDITURE FOR REPAIRS TO THE LIBERTY DRIVE WATER PLANT. Mr. Bill Eisen, City Manager. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2005-180 — 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 ROLLING STOCK VEHICLES. Mr. Bill Eisen, City Manager. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2005-179 — 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 POLICE VIDEO SYSTEM EQUIPMENT. Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2005-181 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A SUPPLY CONTRACT FOR STORM SEWER MATERIALS ASSOCIATED WITH THE HATFIELD ROAD WIDENING PROJECT. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Cole asked that Consent Agenda Item D be removed from the Consent Agenda for further discussion. Councilmember Tetens asked that Consent Agenda Item A 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 F with the exception of item A and D, as presented on the Consent Agenda. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Voting "No" None. Motion Passed 5 to 0. Mayor Reid introduced Pearland Independent School District Teacher, Susan Allen, who was present at the meeting with her Government Class. Page 4 of 17 — 12/12/2005 7:00 P.M. MATTERS REMOVED FROM CONSENT AGENDA As requested by Councilmember Tetens Consent Agenda Item A was removed for further discussion. A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the November 14, 2005, Regular Meeting held at 6:00 p.m. 2. Minutes of the November 21, 2005, Special Meeting held at 6:30 p.m. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Cole to approve Item A after the removal of Councilmember Viktorin from the roll call portion of the minutes. Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. As requested by Mayor Pro -Tem Cole Consent Agenda Item D was removed for further discussion. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2005-180 — 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 ROLLING STOCK VEHICLES. Mr. Bill Eisen, City Manager. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Resolution R2005-180. City Manager Bill Eisen stated this is for rolling stock vehicles which is included in the budget. Mayor Pro -Tem Cole asked what type of criteria is used to determine when a vehicle needs to be replaced. City Manager Bill Eisen stated he could not give a specific set of rules for replacement of vehicles, but they look at the age, repair records, maintenance cost or if vehicle is experiencing a lot of mechanical problems. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Page 5 of 17 — 12/12/2005 7:00 P.M. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS FIRST READING OF ORDINANCE NO. 509-807 — 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 20.3420 ACRES MORE OR LESS, BEING LOT 25 AND LOT 26, ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION, PART OF SUBURBAN GARDENS, SECTION 21, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 309, AS RECORDED IN VOLUME 2, PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF FITE ROAD, AND WEST OF OLD CHOCOLATE BAYOU ROAD/CULLEN BOULEVARD) (ZONE CHANGE APPLICATION NO. 1247) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO PLANNED UNIT DEVELOPMENT DISTRICT (PUD) AT THE REQUEST OF MIKE POLLOK, 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, Assistant City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Cole, to approve Ordinance No. 509-807 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. 1247. City Manager Bill Eisen stated this 20 acre tract is located at the intersection of the Cullen Boulevard Extension and Fite Road. The recommendation of Planning and Zoning Commission under the terms of the Zoning Ordinance, would require a affirmative vote of at least three-quarters of the City Council or at least 4 members for it to become effective. Michael Pollock, 10614 Torrington, addressed Council and stated he presented a letter from the adjoining landowner to the west of the property that states he also supports the Planned Unit Development. At the hearing, there were three individuals that spoke that also support the plans. Allan Mueller, LJA Engineering, stated the density is figured based on the current Code requirements of taking the net area exclusive of the detention and any other easements. The staff figured the density based on the new Unified Development Code (UDC) where the streets are taken out before calculating the density. Page 6 of 17 — 12/12/2005 7:00 P.M. Assistant City Manager Nick Finan stated the density was not an issue because during the Public Hearing, both figures were discussed and all Councilmembers agreed they did not have a problem with the density. Councilmember Tetens stated on the future Land Use Plan, the map shows the acreage next to it is a 10 square -foot lot and asked where this information is from. Assistant City Manager Nick Finan stated they do not have the districts for this but in July the adopted plan update had a future land use, which discussed the higher density lots. It indicates that it would be lower density in the area that has the higher acreage. Councilmember Saboe asked Mike Pollock what the concerns of the three individuals were and how they were satisfied. Mike Pollock stated that two of the three residents owned the corner lots directly across from where the project would be. The third lived in the interior. Their concerns were that there was going to be another project similar to the one that was brought before them on Tranquility Lakes that was more of an apartment project. He stated he illustrated the 20 foot landscape barrier and the residents were pleased with the plan. Councilmember Marcott stated this is a subdivision with sixty lots and he believes the Ordinance states that a subdivision of this size needs two entrances and the plan only has one. Allan Mueller, LJA Engineering, stated he has verified the entrance requirements with Fire Marshal Steve Chapman. The requirement for two entrances is when there is 61 lots or more. Councilmember Marcott stated he is concerned that the subdivision will have the same issue as Regency Park for emergency access. Allan Mueller, LJA Engineering, stated they have verified the plan and it meets the Ordinance requirements. Councilmember Marcott stated that he believes the Planned Unit Development is too vague and will not support the document at this time. Discussion ensued between Council, Allan Mueller and Mike Pollock regarding the requirements and expectations for a Planned Unit Development. Voting "Aye" Councilmembers Tetens, Owens, Cole, and Saboe. Voting "No" Councilmember Marcott Page 7 of 17 — 12/12/2005 7:00 P.M. Motion Passed 4 to 1. FIRST READING OF ORDINANCE NO. 509-808 — 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 79.1925 ACRES OF LAND, BEING PART OF THE WEST ONE-HALF OF THE NORTHEAST QUARTER OF SECTION 32, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 525, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF COUNTY ROAD 100 AND WEST OF PEARLAND SITES ROAD) (ZONE CHANGE APPLICATION NO. 1248) FROM CLASSIFICATION ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (R -E) TO PLANNED UNIT DEVELOPMENT DISTRICT (PUD) AT THE REQUEST OF C. DAVIS WILSON, APPLICANT FOR TEXAS HERITAGE VILLAGE, LLC, 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, Assistant City Manager. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-808 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. 1248. City Manager Bill Eisen stated, because of the negative recommendation from the Planning & Zoning Commission, this ordinance would require a 4-0 affirmative vote. Jim Quintanille, 7003 Annie Lane, addressed Council and stated his opposition to the Texas Heritage Village. His community is rural, close-knit and will be negatively affected by Texas Heritage Village. Mr. Quintanille stated the increase in traffic would pose safety issues for residents and damage roads that are already in need of repair. Meta Ann Kirby, 17020 Berry Road, addressed Council and stated the road she lives on, CR 889C, is a two-lane road that has heavy traffic from cut -through traffic from County Road 100. There would be issues with the roads being torn -up for the installation of sewage lines and drainage. Ms. Kirby also stated she feels that there would be an increase in crime if the area is not kept as a rural community. Councilmember Saboe stated he likes the concept of the development but does not feel the selected location is not the right location. Voting "Aye" None Voting "No" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens. Page 8 of 17 — 12/12/2005 7:00 P.M. Motion Failed 5 to 0. FIRST READING OF ORDINANCE NO. 509-809 — 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 0.062 ACRES OF LAND LOCATED IN THE H.T. & B.R.R. COMPANY SURVEY, SECTION 83, ABSTRACT 305, MORE PARTICULARLY BEING A PORTION OF THAT CERTAIN CALLED 50.980 ACRE TRACT DESCRIBED AS NORTH ONE-HALF OF DAVIS TRACT IN "AGREED FINAL JUDGMENT IN PARTITION" OF RECORD UNDER FILE NO. 02-060920, OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS AND FILE NO. 2002136052, OFFICIAL PUBLIC RECORDS OF FORT BEND COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS, AND FORT BEND COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF SPINNAKER BAY DRIVE, AND EAST OF BISCAYNE SPRINGS LANE) (SPECIFIC USE PERMIT APPLICATION NO. 156) FOR A SPECIFIC USE PERMIT FOR TELEPHONE EXCHANGE SWITCHING RELAY AND TRANSMITTING EQUIPMENT, IN THE PLANNED UNIT DEVELOPMENT DISTRICT — SHADOW CREEK RANCH PLANNED UNIT DEVELOPMENT (PUD(S)) AT THE REQUEST OF JAMES P. DEY, APPLICANT FOR SBC, 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, Assistant City Manager. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Cole, to approve Ordinance No. 509-809 on its first reading, as amended, to remove the requirement of Item No. 2 regarding the Landscape Plan. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Specific Use Permit Application No. 156. City Manager Bill Eisen stated that the telephone switching building is a building that would house telephone switching for Shadow Creek Ranch. James Pidey, with SBC, addressed Council and stated he would like to have the extra requirement of the Landscape Plan removed from the Ordinance because it is outside of his scope and control. Assistant City Manager Nick Finan stated at a previous meeting, it was stated that the landscape plan would not be removed. Mr. Finan stated that the landscaping is included in the Planned Unit Development as insurance. James Pidey, with SBC, stated that the Home Owners Association is responsible for the landscaping and would like a letter stating that the Home Owners Association would handle all landscape items. Page 9 of 17 — 12/12/2005 7:00 P.M. Mayor Pro -Tem Cole stated that he has a problem with Item No. 2 in that the applicant would be required to submitted a Landscape Plan for land that he does not own. James Pidey, with SBC, stated that SBC and Shadow Creek Ranch have discussed the Landscape Plan but have not decided specifics. City Attorney Darrin Coker stated that the letter would only be a good -faith effort on the part of Shadow Creek Ranch but they would not be legally held to the document. Mr. Coker stated that SBC could not be required to do a landscape plan for land they do not own. Mayor Pro -Tem Cole asked for clarification on whether the vote was for only the landscape plan requirement or if it included other items. Discussion ensued between Council, City Attorney Darrin Coker, and James Pidey with SBC. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Cole, to amend Ordinance 509-809 removing Item No. 2 requiring the applicant to submit a Landscape Plan for the areas around the proposed building (not the entire reserve), subject to review and approval by Staff, prior to issuance of a Building Permit. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-183 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AN UPDATE OF THE MASTER PARKS PLAN. Mr. Nick Finan, Assistant City Manager. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Cole, to approve Resolution No. R2005-183. Page 10 of 17 — 12/12/2005 7:00 P.M. City Manager Bill Eisen stated the City Council has held a Workshop and a Public Hearing in regards to the Master Plan. Mr. Eisen stated that the action at the present meeting would adopt the plan. He mentioned that there have been minor wording changes but the document is the same for the most part. Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-182 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO RESUBMIT A TEXAS PARKS AND WILDLIFE TRAILS GRANT PROPOSAL FOR DEVELOPMENT OF THE CENTENNIAL/MAGNOLIA CORRIDOR PARK IMPROVEMENT PROJECT. Mr. Bill Eisen, City Manager. Councilmember Tetens made the motion, seconded by Mayor Pro-Tem Cole, to approve Resolution No. R2005-182. City Manager Bill Eisen stated a Workshop and Public Hearing have been previously held on this item. He stated the item authorized the City Manager or Designee to resubmit a modified version of a grant that was previously submitted. Mayor Pro-Tem Cole questioned the expenditure required. He stated there was $705,000 and $190,000 and they would have to come up with another $515,000. Parks and Recreation Director Rhonda Cyrus stated there is additional money in the budget that was not included in previous figures. She stated there is about $200,000. City Manager Bill Eisen stated there would be three sources of money and there should be no need for borrowed funds. Discussion ensued between Council and Parks and Recreation Director Rhonda Cyrus regarding the Grant. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1237 — 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 Page 11 of 17 — 12/12/2005 7:00 P.M. OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION FOR ADOPTION OF A UNIFIED DEVELOPMENT CODE AND THE FUTURE UPDATE OF THE CITY'S ZONING MAP. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 1237 on its first reading. City Manager Bill Eisen referred this item to the City Attorney for discussion and stated it does have to do with changes made to the Unified Development Code (UDC) and timing of a Public Hearing. City Attorney Darrin Coker stated that this Ordinance is similar to a previous ordinance this year. The purpose of the ordinance was to assert the City's right to utilize the Alternative Notice of Procedures of Local Government Code to adoption of the Unified Development Code as well as the Zoning Map. This Alternative Zoning Procedure is being adopted because it is not practical to give individual notice to each resident in Pearland. The Joint Public Hearing is being held on January 16th due to changes since the last Public Hearing held on the issue. Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1236 — 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 COMPLETION OF THE PUBLIC INFRASTRUCTURE FOR A PROPOSED HEALTHCARE FACILITY. Mr. Nick Finan, Assistant City Manager. This item was passed with no Council action taken. COUNCIL ACTION — RESOLUTION NO. R2005-189 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN AGREEMENT WITH CENTERPOINT ENERGY FOR THE INSTALLATION OF DECORATIVE STREET LIGHTS IN THE SPECTRUM DISTRICT AND AUTHORIZING CENTERPOINT TO INSTALL THE LIGHTING IN ACCORDANCE WITH THE AGREEMENT. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2005-189. Page 12 of 17 — 12/12/2005 7:00 P.M. City Manager Bill Eisen stated this ties together the LNR agreement the City has with the contractor for Kirby Drive and the Planned Unit Development LNR submitted to Council. The plan calls for a specific type of decorative streetlight that is not supported by CenterPoint Energy. The total cost would be $249,000. Mayor Pro -Tem Cole asked Executive Director of Economic Development Fred Welch out of the 1,000 that has been set up for Spectrum, what has LNR brought to the table. Discussion ensued between Council and Mr. Welch pertaining to the details of the project. Carlson Porter, CenterPoint Energy, addressed Council and stated the agreement as it stands, has the City paying the difference between a standard streetlight and the decorative light that has been selected. A credit of $710 per pole is being provided to the City of Pearland by CenterPoint. Mr. Porter stated that the monthly fee to the City would be approximately $25 per month per lamp. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1235 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 29, TRAFFIC, OF THE CITY OF PEARLAND CODE OF ORDINANCES, FOR THE PURPOSE OF PROHIBITING THE USE OF MOTOR ASSISTED SCOOTERS AND MINIMOTORBIKES WITHIN THE CITY; 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 Marcott made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 1235 on its first reading. City Manager Bill Eisen stated this is an Ordinance that would prohibit and otherwise regulate the riding of motor -scooters on City streets by minors. City Attorney Darrin Coker stated he has discussed this issue of whether to develop an ordinance pertaining to motor -scooters with Police Chief J.C. Doyle. The Ordinance prohibits the use of motor -scooters on the City right-of-way but does not prohibit the use on private property. Page 13 of 17 — 12/12/2005 7:00 P.M. Chief of Police J.C. Doyle addressed Council and stated that the main issue with the motor -scooter is that they are extremely fast and hard to see which increases the risk for accidents. Discussion ensued between Council, City Attorney Darrin Coker and Police Chief J.C. Doyle regarding the ordinance. Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-186 — 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 SPS PROPERTY SERVICES, FOR RIGHT OF WAY ACQUISITION SERVICES ASSOCIATED WITH TRANSPORTATION NEEDS IN THE VICINITY OF THE SPECTRUM DEVELOPMENT. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Cole, to approve Resolution No. R2005-186. City Manager Bill Eisen stated the agreement states that the developer will pay for all right-of-way acquisition cost and construction cost of sections on Spectrum Drive. To expedite the process, the City has agreed to pay for the acquisition process and will receive a 100% reimbursement. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-185 — 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 SCL ENGINEERING, FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE WALNUT STREET PROJECT. Mr. Bill Eisen, City Manager. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2005-185. City Manager Bill Eisen stated the Walnut Street Project has been previously approved by Council with a different firm that provided unsatisfactory services. This Resolution is Page 14 of 17 — 12/12/2005 7:00 P.M. for Council to make the decision not to pursue the one-way couplets concept and enter into a new contract with SCL Engineering. Councilmember Marcott questioned whether TxDOT has been contacted to see if they would issue an approval for the plan. Councilmember Owens stated due to the extensive time frame of the couplet plan, he believes it is better to go ahead with the new plan at this point. Discussion ensued between Council, City Manager Bill Eisen and Assistant City Manager Nick Finan regarding details of the plan. Mayor Reid stated if Council approves the Plan, they would withdraw the couplet idea and go to a two-way, four -lane road. City Manager Bill Eisen stated that he felt that the City would not be getting the full benefit of the money spent if they decided to go ahead without the couplet plan to get the improvements in place in a smaller time frame. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-184 — 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 GC ENGINEERING, FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE ORANGE STREET PROJECT. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Cole, to approve Resolution No. R2005-184. After the discussion Resolution R2005-184 was tabled. City Manager Bill Eisen stated Orange Street is the last of the 2001 Bond Projects and this Resolution would authorize entering into a design contract with GC Engineering. Councilmember Marcott asked for clarification on the details of the plan. Councilmember Marcott asked if a wide two-lane road with a turn lane would be a better concept than the four -lane plan. City Manager Bill Eisen stated the plan precedes his time but the plan was originally developed to ease maneuvering of school buses through the area. Page 15 of 17 — 12/12/2005 7:00 P.M. Discussion ensued between Council and City Manager Bill Eisen regarding the Plan and to also consider the construction of two lanes from Orange Street at SH 35 to O'Day Road. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Marcott, to table Resolution No. R2005-184 for further review. Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Tabled 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-187 — 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 YOST ROAD PROJECT. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Owens, to approve Resolution No. R2005-187. City Manager Bill Eisen stated this resolution is a continuation of investing in a contract with ESPA Corporation to perform construction inspection on Yost Road. Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-191 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING A GRANT AWARD OF THE 2005 HOMELAND SECURITY GRANT PROGRAM FROM THE DEPARTMENT OF HOMELAND SECURITY. Mr. Steve Chapman, Fire Marshal. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Cole, to approve Resolution No. R2005-191. City Manager Bill Eisen stated this Resolution is for a second -year grant to continue the training and operations for the Citizen Emergency Response Team (CERT). Mr. Eisen stated that CERT is a group of citizens that attends special training to assist in the event of a major disaster. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott and Saboe. Page 16 of 17 — 12/12/2005 7:00 P.M. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-193 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING INTENTION TO REIMBURSE CAPITAL EXPENDITURES. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2005-193. City Manager Bill Eisen stated early next year in April, the City would be receiving money from Bonds sold in March. He stated at this point, the City is running short on the existing Revenue Bond Fund and the Resolution would allow the City to utilize existing monies until Bonds are sold and then reimburse themselves. Councilmember Saboe questioned when the sale of the Bonds is to be expected. City Manager Bill Eisen responded that the sale date is in March and the time to receive the actual money would be mid to late April. Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: None ADJOURNMENT Meeting was adjourned at 10:04 p.m. Minutes approved as submitted and/or corrected this the 23rd day of January, 2006. i1ria• Tom eid Mayor Page 17 of 17 — 12/12/2005 7:00 P.M.