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2005-03-21 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MARCH 21, 2005, AT 6:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney Tom Reid Charles Viktorin Richard Tetens Woody Owens Larry Marcott Kevin Cole Bill Eisen Darrin Coker Others in attendance: Deputy City Manager Alan Mueller; Executive Director of Community Services Nick Finan; Executive Director of Economic Development Corporation Fred Welch; City Engineer Doug Kneupper, Deputy City Secretary LaKeisha Cannon -Scott; Senior Planner Theresa Grahmann; and Planning & Zoning Secretary Melisa Durham. PURPOSE OF THE MEETING: COUNCIL ACTION — REGARDING THE INTERPRETATION OF THE 123 PEARLAND PARKWAY PLANNED UNIT DEVELOPMENT DOCUMENTS. Mr. Nick Finan, Executive Director of Community Services. Councilmember Tetens made the motion_ , seconded by Councilmember Owens, to place the item on the table for discussion. City Manager Bill Eisen stated this item relates to a request Staff has for clarification regarding Council's intent with regard to the planning & development. Executive Director of Community Services Nick Finan stated Staff understands the Planned Unit Development document and it is very clear. Staff has been working with the developer in regards to the Planned Unit Development. There is a plat to be acted upon tonight and Staff is in need of some clear guidance from Council regarding three items. He displayed the original Planned Unit Development map for Council. He stated that Staff is looking for clarification regarding the landscaping and the separation of residents from traffic areas. This included drainage features to separate the General Business area along Pearland Parkway and the residential area. It ,also detailed some drainage features between Old Alvin Road and the residential area. Some of the documents display the separation and some do not. He gave some additional Page 1 of 7 — 3121/2005 information regarding the fault line on the property and using this area as parkland. The Engineering Study, however, determined that the fault line is in another area within the property. Most of the drainage is being shifted because of this determination. He asked if the conceptual plan should be considered at some degree or should additional drainage requirements be required. He asked for thoughts from Council regarding the understanding of drainage and landscaping. Mayor Reid gave brief comments regarding the changes due to the fault line change. He stated the original layout was an assumption based upon facts known about the land. When they determined that the fault line was in a different area, then change had to take place in order to accommodate that. They are now trying to do the best they can with a very strange and challenging piece of property. He does not have a problem with the changes that are noted. Councilmember Tetens stated the drainage is not an issue, but a greenbelt or natural barrier between Old Alvin and the development should be constructed. Discussion ensued among Council and Staff regarding additional barriers for the development. Councilmember Tetens stated the changes made by the developer, based upon the fault line change, made sense. He just feels there should be barriers where specified previously. Councilmember Marcott stated he expected to see a landscaped entrance along Old Alvin Road. There should also be some separation between the General Business zoned areas and where the houses begin. Additional discussion ensued among Staff and Council regarding the interpretation of the Planned Unit Development document. Councilmember Cole asked if the density is changing within the development. Executive Director of Community Services Nick Finan stated that the density is not changing. However, the third issue is regarding the lot depth. The density will remain the same. Councilmember Cole requested that the requirement of masonry fences along the General Business zoned area remain in the Planned Unit Development document. Councilmember Marcott stated sufficient distance between the sidewalk and the development should take place. He does not believe ten feet is enough of a set -back. Councilmember Tetens stated he concurs with Councilmember Marcott. Page 2 of 7 — 3/21/2005 Councilmember Owens stated the area should look similar to neighboring developments. Councilmember Tetens stated the entrance to the development should be nice and should be set further back. Additional discussion ensued among Staff and council regarding landscape reserve pockets, specifics of the entrance set -back, and lot sizes. Alan Mueller stated an update regarding the specifics could be completed for Council and brought before them at a later date. No voting took place regarding the discussion. Mayor Reid, with concurrence of Council, moved to Business Item No. 3. COUNCIL ACTION — RESOLUTION NO. R2005-51 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING THE HYBRID SOUTH ALTERNATIVE IDENTIFIED IN THE JULY 2004 BRAZORIA COUNTY TOLL ROAD ROUTE AND FEASIBILITY REPORT. Mr. Alan Mueller, Deputy City Manager. Councilmember Owens made the motion, seconded by Councilmember Cole, to approve Resolution No. R2005-51. City Manager Bill Eisen stated Council recently received an update on the status of the study being completed by the Brazoria County Toll Road Authority. He gave a brief description of the proposed toll route. In a recent meeting with the Commissioners' Court, it was requested that Council indicate through some form of formal action what their position will be with regards to the study and recommended route. Councilmember Tetens asked if a specific alignment has been established. Deputy City Manager Alan Mueller stated a fairly wide corridor is in rough form, but a specific alignment has not been produced for the actual roadway. He stated the rough outline shows that it is along FM 1128, Max Road, and the Stone Road corridor. Councilmember Tetens asked if Staff knew how many houses within that area would be affected. Deputy City Manager Alan Mueller stated Staff does not know the exact amount of homes that would be affected. He stated it also affects the school district's property on FM 1128 and the City's property that was purchased on Max Road for detention. Page 3 of 7 — 3/21/2005 Councilmember Marcott stated he thinks the School District recently took bids for a new school west of CR 1228 and north of CR 101. Councilmember Owens asked for clarification regarding the Investment Grade Study. City Manager Bill Eisen stated this is not the exact same study. The current study being discussed is the SH 35 one being completed by a different group. He gave a brief discussion of the proposed route while displaying the map. Councilmember Cole gave the examples of two proposed routes that were determined. He stated this toll road should have been done ten to fifteen years ago. Due to the current development, he does not think the citizens would want see another dissection of the Pearland community. There is no economical value for the proposed road dissecting Pearland. He stated there is a proposal for toll management lanes along SH 288 as well. Councilmember Marcott stated the problem he has with the proposed route for the toll road is the destruction of subdivisions. Over passes would be over top those subdivisions left. This is not a workable solution. Councilmember Cole stated this is being proposed due to the Alvin Community needing an outlet. Alvin traffic would literally be coming through Pearland. He does not think this is needed. Mayor Reid stated he does not think the proposed route through Pearland is workable. Councilmember Marcott stated a lot of the traffic from Alvin is being deposited on Dixie Farm Road. Discussion ensued among Council regarding the proposed routes and supporting the South Hybrid Alternative Route. Councilmember Owens stated in speaking with the County, they are concerned that Harris County Toll Road Authority may not support the Toll Road if this is turned down by Council tonight. Having the support of the Toll Road Authority would allow funding for an extensive study on the toll road alignment. Councilmember Cole stated that if Council gives a Resolution supporting the entire proposed alignment versus the South Hybrid Alternative, then this gives a false sense of moving forward. Secondly, Texas Department of Transportation (TxDOT) recommended this route. He does not want to give them the false sense of support. Councilmember Marcott asked for right-of-way amounts needed along the side of the proposed toll road. Page 4 of 7 — 3/21/2005 Deputy City Manager Alan Mueller stated approximately 300 feet of right-of-way would be needed. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. Mayor Reid, with concurrence of Council, moved back to Business Item No. 2. FIRST READING OF ORDINANCE NO. 1206 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 28, TAXATION, SECTION 28-1.1.(a), HOMESTEAD EXEMPTION OF THE PEARLAND CODE OF ORDINANCES, BY INCREASING THE RESIDENTIAL HOMESTEAD EXEMPTIONS FOR PROPERTY OWNERS WHO ARE DISABLED OR 65 YEARS OF AGE OR OLDER; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; A SAVINGS CLAUSE; A REPEALER CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1206 on its first and only reading. City Manager Bill Eisen clarified the agenda request stating the correction of $40,000 versus $10,000. If there is a petition admitted later in support of the tax freeze, and as a result an election is held, and it was passed, then the freeze would occur at the higher level of exemption than currently exists. Mayor Pro -Tem Viktorin stated Council has discussed increasing the Homestead Exemption to $40,000 from $25,000. He wanted to go ahead and move forward with this. This is the best move. This provides immediate tax relief for those people who need it. Councilmember Owens stated he felt this was a good opportunity for the City to come in and do something in regards to tax relief. The City is in a fairly sound financial state and is able to provide this opportunity. He stated the tax freeze should be determined by popular vote. This is a good opportunity to start. Each year this should be evaluated to see if the opportunity exists to raise the exemption. Councilmember Tetens stated he does not object to the tax exemption increase, but he does think the tax freeze would be the better of the two. This does give some relief to the citizens and allow some time for the voters to consider the freeze. Page 5 of 7 — 3/21/2005 Councilmember Marcott stated he wants to make sure that if the community does vote on a tax freeze, then Council has the opportunity to discontinue the Homestead Exemption. Councilmember Owens stated Council has the opportunity to increase and lower the exemption as needed regardless of the freeze. City Manager Bill Eisen stated he understood that if the freeze is implemented, the City could not lower the exemption in the future in a way that would cause an individual whose property is subject to the freeze taxes to increase. Whatever the exemption is at the time the tax freeze is passed, would have to stay in effect. Discussion ensued among Council and Staff regarding the process of resending the resolution prior to an election. Mayor Reid asked for clarification on how the term disabled is defined. City Attorney Darrin Coker stated this term is defined by Federal Guidelines. It is a person who is receiving payment of Disability Insurance Benefits under the Federal Old Age Survivor's or Disability Insurance. If a person is receiving those benefits, then they would apply. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-52 — 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 VMC PARTNERS, LTD. Mr. Alan Mueller, Deputy City Manager. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2005-52. City Manager Bill Eisen stated Council has previously discussed the issues in regards to an obligation to build a bridge in the vicinity of Mary's Creek and the subdivision Villages of Mary's Creek. However, the agreement took place thirty years ago and things are obviously different in terms of access to the property. There are multiple access points to the property at the present time and as a result of this, City Staff and the Villages of Mary Creek Owners wanted to reach an agreement regarding the matter. The City would provide the owners a credit of development fees in the amount of $50,000. Page 6 of 7 — 3/21/2005 Councilmember Owens stated he thinks this is a good deal. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. ADJOURNMENT Meeting was adjourned at 7:14 p.m. Minutes approved as submitted and/or corrected this the 11th da _of April , 2005. Tom Reid Mayor ATTEST: �Ily �-� -i ,F�j Page 7 of 7 — 3/21/2005 THIS PAGE LEFT BLANK INTENTIONALLY