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2006-02-13 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON FEBRUARY 13, 2006, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:55 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 Mike Hodge; Assistant City Manager Nick Finan; Executive Director of Economic Development Corporation Fred Welch; Police Chief J.C. Doyle; City Engineer Doug Kneupper; Director of Human Resources Mary Hickling; Acting Public Works Director Danny Cameron; EMS Director Jeff Sundseth; Purchasing Officer Gordon Island; Project Director Joe Wertz; Project Manager Cecil Bowery; Planning Director Lata Krishnarao; Senior Planner Theresa Grahmann. The invocation was given by Mayor Pro -Tem Cole and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported on January 24, he welcomed the Keep Texas Beautiful Conference to Pearland, attended the Bay Area Transportation Partnership Power Breakfast for Mayor White of Houston, met with AT&T officials regarding phone equipment, and met with the Lions Club regarding property zone changes; January 25, he attended a meeting with City Engineer Doug Kneupper and the Transportation Agent and attended the Citizen Corps Council Meeting; January 26, met with CBL Developers regarding Pearland Town Center, attended City of Houston Mayor Bill White's State of the City address, and attended the Chamber Annual Banquet; January 27, he attended the Transportation Policy Council Board of Directors, attended the PEDC Annual Retreat, and attended the Bay Area Boy Scout Award Dinner; January 28, Mayor Reid attended the Council Retreat and attended the Pearland Volunteer Fire Department Annual Awards Banquet; January 29, he spoke at the Boy Scout Eagle Count of Honor; January 30, he attended the luncheon for the City Employee of the Quarter; February 1, he met with citizens regarding Council positions; February 2, he attended the Friendswood Mayor's State of the City and Attended the Keep Brazoria County Beautiful Board of Directors; February 4, he attended St. Helen's Father Braden Annual Banquet; February 5 to 7 he attended the National Association of Councils of Page 1 of 31 — 2/13/2006 Government and Federal Briefings in Washington representing AGAC; February 8, he attended the Pearland Arts League Board of Directors and attended the Alvin Community College Workforce Awards Dinner; February 9, he attended the Mayor's Breakfast for Scouting and the Chamber ribbon cutting for Country Place Chiropractic Health and T.J.'s Travel Agency; February 10, he attended the Chamber Before Business Breakfast; February 10 to 12 he attended the Texas Mayors and Councilmembers Annual meeting in Corpus Christi. Mayor Reid stated Pearland has many great organizations and also has many great developers. The developers have become a part of the community and have stepped forward as benefactors as well as residents. He introduced Gary Cook, Shadow Creek Ranch, to present the Pearland Animal Control Department with check in the amount of $4,000 to match the City's funds for a mobile surgical van to be used for the spaying and neutering of animals within the City of Pearland. Gary Cook, Shadow Creek Ranch, stated, during the summer, the students present at the Council meeting made a presentation regarding the spaying and neutering program. At that presentation the students made a request that the City of Pearland make funds available to them for the project. He was so impressed with the program and the presentation, Shadow Creek Ranch agreed to match any funds the City of Pearland set forward. Mayor Reid stated he would like to recognize any individuals in the audience that have filed for any of the Council positions. Felicia Kyle stated that she filed for Council Position No. 4. Helen Beckman stated that she filed for Council Position No. 2. COUNCIL ACTIVITY REPORTS Councilmembers Tetens, Owens, Cole, and Marcott passed on giving a report. Councilmember Saboe reported he attended a presentation Thursday, February 9, by the Pearland Independent School District School Board of Trustees regarding their plans for a second, third and possibly fourth High School in the Pearland School District. There will be additional workshops held to receive feedback from the community. Unfortunately there is only one workshop left, for information; citizens can refer to the Pearland Independent School District web -site. CITY MANAGER'S REPORT City Manager Bill Eisen reported Claire Manthei has accepted the City's offer for the vacant position of Director of Finance. Ms. Manthei has previously served as the Director of Finance in Sugarland and is very well suited for the position in Pearland. He Page 2 of 31 — 2/13/2006 also reported that the City of Pearland has received an evaluation from Insurance Services Offices, Inc. The company provides a rating for each city that is then used by most insurance companies to set premium rates for city resident's insurance. The City of Pearland has received a re -rating of a 3, the previous rating was a 5 on a scale from 1 to 10. The rating could possibly mean a 13% reduction in property insurance rates for many Pearland residents. CITIZENS Nancy Kozanecki, 3705 Pine Branch Dr., addressed Council and stated she represents the Pine Hollow Home Owners Association. She is present to address a drainage and flooding problem in Pine Hollow. Several years ago Council was presented with a fifteen -minute dissertation on Pine Hollow flooding and several reports that had been completed at that time. She would like to thank Council for including the Pine Hollow Detention Project and Conveyance Project. A barrier for the continuation of the projects was a contract between the Pine Hollow Homeowners Association and Duke Energy. The contract is finally complete and will be presented to the City of Pearland at this meeting. Ms. Konzanecki stated she wanted to address several oversights that were left on the Pine Hollow plan that was presented several weeks before. The City of Pearland was kind enough to provide a ponding and drainage study for Pine Hollow but did not include the weir structure and 40 acres of undeveloped tract that drain through Pine Hollow using the drainage system. The weir structure is set at an elevation of 3 feet below the 100 year flood plain. During tropical storm Allison, Mary's Creek Bypass was literally going through their detention system backwards and overflowing the entire system. Since this time the Drainage District has erected a structure that will alleviate the problem but the structure is still six inches below the 100 year flood plain. Pine Hollow is still vulnerable to tropical storms and flooding. She feels that it is not necessary to complete the detention project before the conveyance project. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the November 28, 2005, Regular Council Meeting held at 7:30 p.m. 2. Minutes of the January 9, 2006, Regular Council Meeting held at 7:30 p.m. 3. Minutes of the January 16, 2006, Joint Public Hearing (Unified development Code) held at 6:00 p.m. 4. Minutes of the January 16, 2006, Joint Public Hearing (Zoning Map) held at 6:00 p.m. 5. Minutes of the January 16, 2006, Joint Public Hearings held at 6:30 p.m. 6. Minutes of the January 23, 2006, Regular Council Meeting held at 7:30 p.m. 7. Minutes of the January 30, 2006, Special Council Meeting held at 7:00 p.m. 8. Minutes of the February 6, 2006, Special Council Meeting held at 6:00 p.m. Page 3 of 31 — 2/13/2006 B. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE OF SHADOW CREEK RANCH SF -43. Mr. Doug Kneupper, City Engineer. C. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE OF SHADOW CREEK RANCH SF -44. Mr. Doug Kneupper, City Engineer. D. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1241 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE AND A WATER AND SEWER EASEMENT FOR THE CONSTRUCTION OF ROAD AND UTILITY IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. E. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1242 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE AND A WATER AND SEWER EASEMENT FOR THE CONSTRUCTION OF ROAD AND UTILITY IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney, F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-22 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING THE NEWLY ACQUIRED E -SLATE VOTING SYSTEM FOR CITY ELECTIONS. Mr. Bill Eisen, City Manager. Page 4 of 31 — 2/13/2006 G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-25 — 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 GENERAL AND SPECIAL ELECTION TO BE HELD ON SATURDAY, MAY 13, 2006. Mr. Darrin Coker, City Attorney. H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006 -18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH CITY OF WHARTON FOR COOPERATION IN THE PURCHASE OF WATER METERS. Mr. Darrin Coker, City Attorney. I. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1243 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, PROVIDING FOR REIMBURSEMENT OF JURORS FOR THE MUNICIPAL COURT OF RECORD OF THE CITY OF PEARLAND, TEXAS. Ms. Pat Riffel, Municipal Court Administrator. Councilmember Saboe asked that Consent Agenda Item A be removed from the Consent Agenda for further discussion. Councilmember Marcott asked that Consent Agenda Item I 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 I with the exception of items A and I, as presented on the Consent Agenda. Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA As requested by Councilmember Saboe Consent Agenda Item A was removed for further discussion. A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the November 28, 2005, Regular Council Meeting held at 7:30 p.m. 2. Minutes of the January 9, 2006, Regular Council Meeting held at 7:30 p.m. Page 5 of 31 — 2/13/2006 3. Minutes of the January 16, 2006, Joint Public Hearing (Unified development Code) held at 6:00 p.m. 4. Minutes of the January 16, 2006, Joint Public Hearing (Zoning Map) held at 6:00 p.m. 5. Minutes of the January 16, 2006, Joint Public Hearings held at 6:30 p.m. 6. Minutes of the January 23, 2006, Regular Council Meeting held at 7:30 p.m. 7. Minutes of the January 30, 2006, Special Council Meeting held at 7:00 p.m. 8. Minutes of the February 6, 2006, Special Council Meeting held at 6:00 p.m. Councilmember Saboe made the motion, seconded by Councilmember Marcott, to table Consent Agenda Item A for further review. Councilmember Saboe requested that Consent Agenda Item A be tabled due to several pages of the minutes missing from his binder. He stated he would like to move to table Item A to a future agenda when he has an opportunity to review all the minutes. Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. As requested by Councilmember Marcott, Consent Agenda Item I was removed for further discussion. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1243. Councilmember Marcott stated approval of this Ordinance is a slam-dunk but he would like the details of the Ordinance to be explained to the Citizens. City Manager Bill Eisen referred comment to the City Attorney Darrin Coker. City Attorney Darrin Coker stated the Ordinance is required by a State Mandate and allows the City of Pearland to increase juror reimbursement from $6 to $10. The Ordinance also allows the juror to elect to designate the reimbursed amount to the citywide donation fund or to a Parks and Recreation Development Fund. Assistant City Manager Nick Finan stated the Ordinance also allows the City of Pearland to direct funds from issued checks that aren't cashed by the jurors into the citywide donation fund. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Page 6 of 31 — 2/13/2006 Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS Mayor Reid, with concurrence of Council moved to New Business Item No. 6. FIRST READING OF ORDINANCE NO. 509-816 — 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 4.651 ACRES OF LAND, BEING OUT OF LOTS 3 AND 4, SECTION 2, A.C. H. & B. R.R. SURVEY, ABSTRACT 507, L. W. MURDOCK SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 29, PAGE 174, DEED RECORDS, BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF SH 35 (MAIN STREET), AND ON THE SOUTH SIDE OF MAGNOLIA STREET) (ZONE CHANGE APPLICATION NO. 2006-02Z) FROM CLASSIFICATION HEAVY INDUSTRIAL DISTRICT (M-2) TO COMMERCIAL DISTRICT (C), AT THE REQUEST OF CLAYTON DYKES, 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. 509-816 on its first reading. City Manager Bill Eisen stated this Ordinance is a rezoning case involving a potential location for the Pearland Lions Club. When the matter was presented to the Planning and Zoning Commission, it ended up with a 3 to 3 vote, which constitutes a denial. The denial recommendation from P&Z means that a three quarters vote is required by Council to pass the Ordinance. Mayor Reid stated that there are two citizens present to speak on the issue. Clayton Dykes, 3205 Main, addressed Council and stated he needed to clarify the portion of property he is asking for rezoning on. He had a new survey performed and gave the new information to Senior Planner Theresa Grahmann. The new survey shows that he is trying to rezone 3.785 acres instead of the entire 6 acres. The building planned for the property is a very low -impact traffic building. The primary use will be Saturday nights when the Lions Club leases the building out. The City's comprehensive use program includes a note stating that no heavy industrial can be located across Main Street from the Senior High School. The program suggests the location be used for retail and service, which is what he is trying to accomplish with the zone change. Page 7 of 31 — 2/13/2006 Rob Brownstein, 3904 Shadycrest, addressed Council and stated the landmark Lions Club building has been demolished and they are now looking for a new location. Unlike all the other civic clubs in Pearland, the Lions Club has formed a friendship and partnership with the City. In June of 2006 the Lions Club will celebrate fifty-eight years of service to Pearland. A few of the projects the Lions Club has participated in are creating the first water district, building the first street lights downtown, helping pay for 1000 feet of railroad tracks; in 1959, the Lions Club financed the election to incorporate the City, and in 1957, the club built the first ball fields in Pearland. They have also donated funds in excess of $150,000 to the City of Pearland. From 1989 to 1991 the Lions Club financed three fundraisers for the YMCA to build a building. In 2001, the Lions Education Foundation was created to provide scholarships to deserving Pearland High School Seniors. Each year the Lions Club raises approximately $30,000 to $40,000 which, the majority of is given back to the City of Pearland. The Lions Club donates to or sponsors almost every civic program in Pearland. The Lions Club is homeless for the first time in over forty years and they want to locate their new building on the property of Clayton Dykes. They are asking the City of Pearland to approve the zoning request so they can continue to serve the community. Mayor Reid asked Assistant City Manager Nick Finan if the change in the amount of land Mr. Dykes is asking to rezone would require re -platting. Assistant City Manager Nick Finan stated the change would not require re -platting because it is less acreage then originally advertised. Councilmember Tetens stated he is one of the Councilmember that hates to change property zoned for industrial to something else due to the limited amount of property currently zoned industrial. In this instance, the property is such a small tract the only way it would be used for industrial is if the adjoining property owners combined their land, which is not something he believes will happen. He feels that this change is a good thing. Councilmember Marcott stated he felt this is the wrong thing to do. He agrees that the Lions Club has done a marvelous job over the years, but would like them to partner with the City of Pearland to find a different piece of property. He does not like to change the zoning of property from M1 to something else. The City of Pearland will run out of industrial land and be forced to pay higher taxes. Councilmember Saboe asked if the nature of the agreement with the property owner is a written agreement to build on the property pursuant to the decision made by Council. Rob Brownstein stated the Lions Club does not have a firm agreement but it is their intent to build on the property owned by Clayton Dykes and they are not looking at any other property at this time. Page 8 of 31 — 2/13/2006 Mayor Pro -Tem Cole stated that the reason he is in favor of the change is because the odd shape of the property would make it difficult to develop. The change will encourage industrial traffic out onto SH 35. Mayor Reid asked Clayton Dykes if he had plans for the property that will be left after the 3.785 acres is sold. Clayton Dykes stated the property would probably be used for a strip -center. Councilmember Owens stated he feels the Lions Club building would be a good use of the property. Voting "Aye" Councilmembers Tetens, Owens, Cole, and Saboe. Voting "No" Marcott. Motion Passed 4 to 1. Mayor Reid, with concurrence of Council moved back to New Business Item No.1 FIRST READING OF ORDINANCE NO. 509-811 — 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 2.00 ACRES OF LAND, BEING LOTS 3 AND 4, BLOCK 2, OF SKYWAY MANOR, ABSTRACT 241, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF PIPER ROAD, AND SOUTH OF FM 518 (BROADWAY STREET)) (ZONE CHANGE APPLICATION NO. 2006-08S) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-1) TO SINGLE FAMILY DWELLING DISTRICT, WITH A SPECIFIC USE PERMIT FOR A CHURCH AND CHURCH FACILITIES (R -1(S)), AT THE REQUEST OF K. A. ABRAHAM, APPLICANT FOR VO VI FRIENDSHIP 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, Assistant City Manager. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 509-811 on its first reading. City Manager Bill Eisen stated the Ordinance received a negative recommendation from the Planning and Zoning Commission and would require a three-quarter vote by Council for approval. Page 9 of 31 — 2/13/2006 Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for denial of Application No. 2006-08S. Mayor Pro -Tem Cole stated he attends church regularly and does not have an issue with churches unless they are located on residential lots. Mayor Reid stated the issues the Planning and Zoning Commission stated were increased problems with flooding, increased traffic and that the development causes a potentially unsafe environment for residents. William Ebeling, 2740 Piper Road, addressed Council and stated that he is opposed to building a church on Piper Road. Voting "Aye" None. Voting "No" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens. Motion Failed 5 to 0. FIRST READING OF ORDINANCE NO. 509-812 — 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 2.21 ACRE TRACT OF LAND LOCATED IN THE H.T. & B.R.R. COMPANY SURVEY, SECTION 81, ABSTRACT 300, BEING OUT OF THAT CALLED 173.49 ACRE TRACT CONVEYED TO LINGO SOUTHGATE, LTD., A TEXAS LIMITED PARTNERSHIP, BY SPECIAL WARRANTY DEED WITH VENDOR'S LEIN UNDER CLERK'S FILE NUMBER 01-053025, OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS, AND FURTHER BEING OUT OF THE ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION RECORDED IN VOLUME 2, PAGE 98, MAP RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE NORTHEAST CORNER OF COUNTY ROAD 59 AND KIRBY DRIVE) (ZONE CHANGE APPLICATION NO. 2006-04Z) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) TO OFFICE AND PROFESSIONAL DISTRICT (OP), AT THE REQUEST OF KYLE DUCKETT OF GEOSURV, LLC, APPLICANT FOR TRACY GOZA OF LINGO SOUTHGATE, LTD., 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. 509-812 on its first reading. Page 10 of 31 — 2/13/2006 Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Specific Use Permit Application No. 2006-04Z. City Manager Bill Eisen stated the Ordinance refers to part of the Southgate Subdivision that was previously zoned for residential purposes. The proposal is to take 2.2 acres which is located at the corner of Highway 59 and Kirby Drive and change the zoning for commercial office space. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-813 — 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 0.718 ACRE TRACT OF LAND, BEING OUT OF LOTS 17 AND 19, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 6, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT NO. 544, AS RECORDED IN VOLUME 136, PAGE 500, OF THE BRAZORIA COUNTY DEED RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF FUTURE MCHARD ROAD, AND WEST OF HATFIELD ROAD) (ZONE CHANGE APPLICATION NO. 2006- 05Z) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) TO GENERAL BUSINESS DISTRICT (GB), AT THE REQUEST OF PACIANO RANGEL, 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 Saboe made the motion, seconded by Mayor Pro -Tem Cole, to approve Ordinance No. 509-813 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. 2006-05Z. City Manager Bill Eisen stated a three quarter vote is required by Council to pass the Ordinance. Larry Jones, 8729 Robinson Road, addressed Council and stated he is representing the landowner, Mr. Rangel. He was contracted to build a garage building on Mr. Rangel's property. During the application process, it was discovered a future building plan of McHard Road intended to take a portion of the property which the building would stand Page 11 of 31 — 2/13/2006 on. This information was submitted to the Planning and Zoning Department who informed Mr. Rangel that the City of Pearland would need to purchase his property. Mr. Rangel had concerns about what he would do with the building that he had already purchased. Negotiations were made and it was decided that the City of Pearland would only purchase the amount of land necessary and Mr. Rangel would be left with enough property to build the garage structure. Mr. Jones stated the permit process was restarted and it was stated that Mr. Rangel would not be able to build the garage structure because with the land being purchased by the City of Pearland there was no longer a residence and the property would have to be used for commercial purposes. The building has been laying on the ground for over a year waiting for the permit approval. William Hill, 6138 Dee Road, addressed Council and stated his family has lived at their address since 1983. The property mentioned in the zone change is immediately behind his property. He would not have purchased the property in 1983 if they would have known the land behind their residence would be commercial. The location they reside at has been designated as a residential area for living and raising families, not conducting business or making money. New housing developments are being built in his area that are improving the location for families and raising property values. The Planning and Zoning Commission agreed with the residents and he hopes Council will help keep the industry away from their homes. Mayor Pro -Tem Cole stated he would like to know from Staff if the conversation referenced by Mr. Jones took place. If the discussions did take place he, feels the City is in the wrong for negotiating in that manner. City Attorney Darrin Coker stated he is not the person that specifically participated in the negotiations but he did assist Acquisition Manager Al Hague, who does acquire right-of- way for the . city. Acquisition Manager Al Hague came to speak with him after negotiations were already commenced. Mr. Rangel was informed from the beginning that if he sold his land to the City of Pearland, he would be required to conform with all the City's land -use guidelines and it was not a given that the permit for the garage building would be approved. Mayor Pro -Tem Cole asked if there was any information in writing regarding the negotiations. City Attorney Darrin Coker stated that he was not aware of any written agreements. Due to the nature of the land that would remain, Mr. Rangel has also been compensated for the portion of land that was not purchased by the City. Assistant City Manager Nick Finan stated that he was not involved in the conversations but it was his understanding that the property was zoned residential. The storage as originally discussed was for commercial purposes and a zone change would have needed to be issued from the beginning. It was also explained to Mr. Rangel that he Page 12 of 31 — 2/13/2006 would not be able to have an accessory building without a primary business. Mayor Pro -Tem Cole asked that in the future, any negotiations or agreements be in writing to protect the integrity of the City of Pearland. Voting "Aye" None. Voting "No" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens. Motion Failed 5 to 0. FIRST READING OF ORDINANCE NO. 509-814 — 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 0.92 ACRE TRACT OF LAND LOCATED IN THE H. T. & B.R.R. COMPANY SURVEY, ABSTRACT 509, CAS CON ACRES, LOTS 1 AND 2, BLOCK 1, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF HARKEY ROAD, AND ON THE NORTH SIDE OF WILLOW STREET) (ZONE CHANGE APPLICATION NO. 2006- 03Z) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-1) TO COMMERCIAL DISTRICT (C), AT THE REQUEST OF FRANK CHAVEZ, 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 Tetens made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-814 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. 2006-03Z. City Manager Bill Eisen stated because of the negative recommendation from the Planning and Zoning Commission the Ordinance will require a three-quarter vote for approval. Voting "Aye" None. Voting "No" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Motion Failed 5 to 0. Page 13 of 31 — 2/13/2006 FIRST READING OF ORDINANCE NO. 509-815 — 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 0.34 ACRE TRACT OF LAND LOCATED IN THE W.D.0 HALL SURVEY, ABSTRACT 70, WITH SAID TRACT BEING PART OF THAT 13.838 ACRE TRACT DESCRIBED IN THE FINAL JUDGEMENT OF CAUSE NO. 23,835G, CITY OF PEARLAND VS 313 ACRES PEARLAND JOINT VENTURE, ET AL, AS RECORDED UNDER BRAZORIA COUNTY CLERK'S FILE NO. 98040264, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF FM 518 (BROADWAY STREET), AND WEST OF LIBERTY DRIVE) (ZONE CHANGE APPLICATION NO. 2006-01Z) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-4) TO COMMERCIAL DISTRICT (C), AT THE REQUEST OF JAY JAVADI, APPLICANT FOR DONYA, 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. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Cole, to approve Ordinance No. 509-815 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. 2006-01Z. City Manager Bill Eisen stated the zoning case would allow for a residential property to be changed to a commercial property for the purposes of building a shopping center. Councilmember Tetens stated the property originally belonged to the City and was sold to the owner with the intention that it was needed for the existing shopping center area and now he is wanting to add on and he is not in favor of it. Councilmember Saboe asked Staff what the details were regarding the Planning and Zoning Commissioner not liking the transition of the land -use. Assistant City Manager Nick Finan stated the concern was that the land is connected to the library. Gloria Espinoza addressed Council and stated she is speaking on behalf of Mr. Donya. The property is completely land -locked and is surrounded by non-residential developments. The tract location, means of access and size of the land are not suitable for residential development. The land has been re -platted from a five tract to one tract and the landowner donated a ten -foot wide easement to benefit the City of Pearland. Page 14 of 31 — 2/13/2006 Councilmember Marcott stated he agreed with Councilmember Tetens. He remembers the land being purchased for detention in the location. He is concerned that now they have changed their mind. Mayor Reid stated he is not certain how big the property was originally but at the current size it would be hard to get the pond water out to another location. City Engineer Doug Kneupper stated in the recent development and parking expansion, they were allowed to buy into the City Regional Detention Program. Councilmember Marcott stated his other concern is with the property backing up to the new school property without a barrier and not knowing what type of businesses will be located in the building. Planning and Zoning Chairperson Ruby Sanders stated The Commission didn't discuss the types of business but that the City did pay prime for the property. Mayor Pro -Tem Cole stated this is ultimately a zoning case and is 14,000 square -foot of land that is surrounded by commercial property. It will be approximately 4,000 to 5,000 square -foot of building that will be more taxable than detention land. He will vote in favor of the Ordinance. Councilmember Saboe stated he does not see any reason to vote against the Ordinance if it was recommended by the Planning and Zoning Commission. Councilmember Owens stated he would like to clear up that the land was not donated to the City of Pearland but was purchased for about $10 a square -foot. City Attorney Darrin Coker stated that he believes the reference to a donation of land refers to when the property was re -platted, there were several strips along FM 518 and Liberty Drive that were donated. Voting "Aye" Councilmembers Owens, Cole, and Saboe. Voting "No" Councilmembers Tetens and Marcott. Motion Passed 3 to 2. FIRST READING OF ORDINANCE NO. 509-817 — 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 9.5409 ACRE TRACT OF LAND LOCATED IN THE H. T. & B.R.R. COMPANY SURVEY, ABSTRACT 542, TRACT 43, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON Page 15 of 31 — 2/13/2006 THE EAST SIDE OF SH 35 (MAIN STREET), AND NORTH OF HALIK ROAD) (ZONE CHANGE APPLICATION NO. 2006-07S) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO COMMERCIAL DISTRICT, WITH A SPECIFIC USE PERMIT FOR STORAGE AND MINI -WAREHOUSE (C(S)), AT THE REQUEST OF MORRIE SHEETS OF U STOR, APPLICANT FOR PALIVELA P. RAJU, SUCCESSOR TRUSTEE OF THE SIKANDER HAYAT DURRANI TRUST AND THE OMAR HAYAT DURRANI TRUST, 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. 509-817 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. 2006-07S. City Manager Bill Eisen stated approval of the Ordinance would permit construction of a mini -storage on east side of SH 35. Voting "Aye" Councilmembers Saboe, Marcott, and Tetens. Voting "No" Councilmembers Cole and Owens. Motion Passed 3 to 2. FIRST READING OF ORDINANCE NO. 509-818 — 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 453 ACRES, MORE OR LESS, OF LAND LOCATED IN THE H.T. & B.R.R. COMPANY SURVEY, SECTION 84 (R.B. LYLE) ABSTRACT 538, BRAZORIA COUNTY, TEXAS, AND ABSTRACT 767, FORT BEND COUNTY TEXAS, AND THE A. B. LANGERMANN SURVEY, ABSTRACT 555, FORT BEND COUNTY, TEXAS, MORE PARTICULARLY BEING ALL OF THAT CERTAIN CALLED 2.121 ACRE TRACT CONVEYED TO THE CITY OF PEARLAND, TEXAS, BY INSTRUMENT OF RECORD UNDER FILE NO. 2005008365, OFFICIAL RECORDS, BRAZORIA COUNTY, TEXAS (B.C.O.R), ALL OF THE RESIDUE OF THAT CERTAIN CALLED 160.048 ACRE TRACT CONVEYED TO PEARLAND INVESTMENT LIMITED PARTNERSHIP BY INSTRUMENT OF RECORD UNDER FILE NO. 03-044886 AND FILE NO. 2004059020, B.C. O. R., ALL OF THAT CERTAIN CALLED 80.01 ACRE TRACT CONVEYED TO RUSSELL T. RUDY AND RANDALL D. RUDY BY INSTRUMENT OF RECORD UNDER FILE NO. 97-009257, B.C.O.R. AND FILE NO. 97-08685, OFFICIAL RECORDS, FORT BEND COUNTY, TEXAS (F.B.C.O.R.), ALL OF THAT CERTAIN CALLED 80 ACRE TRACT CONVEYED TO Page 16 of 31 — 2/13/2006 HARLOW ROYALTIES, INC., BY AN INSTRUMENT OF RECORD UNDER FILE NO. 95-039382, B.C.O.R. AND FILE NO. 95-70977, F.B.C.O.R. AND ALL OF THAT CERTAIN CALLED 132.5682 ACRE TRACT CONVEYED TO PEARLAND 132 DEVELOPMENT, LIMITED PARTNERSHIP BY AN INSTRUMENT OF RECORD UNDER FILE NO. 2004148674, OFFICIAL PUBLIC RECORDS, FORT BEND COUNTY, TEXAS (F.B.C.O.P.R.); CITY OF PEARLAND, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF BROADWAY STREET, AND ON THE EAST SIDE OF FM 521) (ZONE CHANGE APPLICATION NO. 2006-06Z) FROM CLASSIFICATION ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (R -E) AND LIGHT INDUSTRIAL DISTRICT (M-1) TO PLANNED UNIT DEVELOPMENT DISTRICT (PUD), AT THE REQUEST OF KERRY R. GILBERT & ASSOCIATES, INC., APPLICANT FOR PEARLAND INVESTMENTS, 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 Saboe made the motion, seconded by Mayor Pro -Tem Cole, to approve Ordinance No. 509-818 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. 2006-06Z. City Manager Bill Eisen stated the Ordinance refers to an additional 450 acres located at the southwest corner of the existing Shadow Creek Ranch Development. The request is to have the property zoned in a similar way to the Shadow Creek Ranch development. Councilmember Marcott stated he will support the Ordinance but he does not like changing from industrial zoning to residential zoning. The City of Pearland needs to focus on maintaining industry within the City to help support the City and maintain jobs. Mayor Pro -Tem Cole stated he had a concern regarding comments made at a prior meeting on the sidewalks in Shadow Creek Ranch. Many statements were made that crossing at many of the intersections is unsafe because sidewalks are only on one side of the road. The safety issues of crossing at an intersection are the same with or without a sidewalk. Councilmember Marcott stated that he had driven from FM 518, North on Kirby through Shadow Creek Ranch at 3:30 PM. He noticed that once the children get further from the school, there are no crossing guards. The children that have to travel west are required to cross the street with no assistance. He feels that it would be safer if there were more crossing guards set at a further distance from the school. Mayor Pro -Tem Cole stated he agrees with Councilmember Marcott and the crossing guard issue needs to be brought before the School District. Page 17 of 31 — 2/13/2006 Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. Mayor Reid, with concurrence of Council moved to New Business Item No. 19. FIRST READING OF ORDINANCE NO. 509-819 — 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 169.03 ACRES OF LAND OUT OF A CALLED 154.0026 ACRE TRACT DESCRIBED IN DEED TO PEYTON MARTIN, TRUSTEE, RECORDED UNDER FILE NUMBER 91-000518 OF THE OFFICIAL RECORDS OF BRAZORIA COUNTY, AND ALL OF A CALLED 2.30 ACRE TRACT DESCRIBED IN DEED TO PEYTON MARTIN, TRUSTEE, RECORDED UNDER FILE NUMBER 02-041088, LOCATED IN THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 300, SECTION 81, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF BROADWAY STREET, AND ON THE WEST SIDE OF COUNTY ROAD 566, AND ALSO WEST OF STATE HIGHWAY 288) (ZONE CHANGE APPLICATION NO. 1249) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) AND GENERAL BUSINESS (GB) TO PLANNED UNIT DEVELOPMENT DISTRICT (PUD), AT THE REQUEST OF VERNON G. HENRY & ASSOCIATES, INC., APPLICANT FOR CBL & ASSOCIATES PROPERTIES, INC., 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 Tetens made the motion, seconded by Mayor Pro -Tem Cole, to approve Ordinance No. 509-819 on its first reading as amended. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 1249. City Manager Bill Eisen stated the plan is primarily for retail shopping facilities but does include some multi -family resident developments. Mayor Reid stated the Ordinance is referring to the Pearland Town Center which is a development that will take place on FM 518 just west of the Highway 288 corridor. Councilmember Tetens stated he does not have a problem with the Planned Unit Development but he is not in favor of the apartment units. The comprehension plan Page 18 of 31 — 2/13/2006 states that the City of Pearland presently has a good mix of single family versus multi- family residence. When build out is complete, Pearland will have approximately 19% to 22% of multi -family residence compared to single family. He feels that people moved to Pearland to get away from the high density of multi -family residence. He also objects to the out -tract sub area E which would allow the developer to build more multi -family apartment buildings. Discussion ensued between Council, Mayor Reid, Planning Director Lata Krishnarao, and Steve Meluso with CBL & Associates regarding the Planned Unit Development. Mayor Pro -Tem Cole stated that his concern is with the Parcel E. He feels that residents of the surrounding single-family developments will not be pleased with apartment buildings being next to their homes. It would be better to possibly change this section to a townhome community rather than an apartment complex. Steve Meluso, CBL & Associates, stated that the developer is at the mercy of the City Council and will change the Planned Unit Development to please the Council. Discussion ensued between Council, Mayor Reid, Assistant City Manager Nick Finan, Planning Director Lata Krishnarao, City Attorney Darrin Coker, and Steve Meluso with CBL & Associates regarding the Planned Unit Development. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-819 on its first reading, as amended, to remove references to multi -family developments on Page 9, Article 8, Sub -section E, and add reference to the plan of townhomes with a change from 16 units per net acre to 9.4 units per net acre and meet all UDC requirements for townhomes. Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. Mayor Reid, with concurrence of Council moved back to New Business Item No. 9. Page 19 of 31 — 2/13/2006 FIRST READING OF ORDINANCE NO. 2000-T — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY (ORDINANCE NO. 509 AND ANY AMENDMENTS THEREAFTER); ADOPTING A UNIFIED DEVELOPMENT CODE; PROVIDING GENERAL PROVISIONS, ZONING REGULATIONS, SUBDIVISION REGULATIONS, SITE DEVELOPMENT REGULATIONS AND DEFINITIONS; PROVIDING A PENALTY FOR VIOLATION, HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Cole, to approve Ordinance No. 2000-T on its first reading. City Attorney Darrin Coker stated he wanted to clarify the reference of `T" and "M". The City needed to have a number for any amendments to the Ordinances. Any future amendments to the zoning map will begin with the number 2000 followed the by the letter "T" for text or "M" for map and the number of the amendment. Assistant City Manager Nick Finan stated that he believes the text of the zoning map is finally complete. The Mayor has been working with SBC on the subject of screening utilities. The screening will be part of the text and the changes are included in the -information presented to Council. SBC is pleased with the outcome of the text. Councilmember Saboe asked if there were changes regarding a previous discussion about indoor kennels. Assistant City Manager Nick Finan stated all the text pertaining to indoor kennels allows conditional use. Mayor Pro -Tem Cole asked if the parking for the Hotel and Convention center would be combined or if each facility would have to meet the ordinance requirements separately. Planning Director Lata Krishnarao stated that Staff had contacted other cities that had similar developments and found that the majority of the cities are asking for separate parking for each facility. Discussion ensued between Council, Assistant City Manager Nick Finan, and Planning Director Lata Krishnarao regarding the Ordinance. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Voting "No" None. Motion Passed 5 to 0. Page 20 of 31 — 2/13/2006 FIRST READING OF ORDINANCE NO. 2000-M — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE AND ZONING MAP OF THE CITY (ORDINANCE NO. 509 AND ANY AMENDMENTS THEREAFTER); ADOPTING A ZONING MAP; PROVIDING A PENALTY FOR VIOLATION, HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 2000-M on its first reading. Robert Hudson, 217 West Main Street, Arlington, TX, addressed Council and stated he is representing the owner of the property located on Miller Ranch Road north of the general business district. The landowner purchased the property two years ago with plans to build a hotel and is now willing to do a general business or professional office development. Approving the proposed zone changes will change the property residential zoning and prevent the planned development. Discussion ensued between Council, Assistant City Manager Nick Finan, Planning Director Lata Krishnarao, City Attorney Darrin Coker, and Robert Hudson regarding the details of the current zoning map and the proposed changes. Mike Pollock, 10614 Torrington, addressed Council and stated he owns a piece of property located at 1128 and Magnolia Boulevard that will be changed from suburban development to residential zoning. The plan he has for the property is for a Town and Country urban type development with a hike and bike trail. His concern is that the zone map will be approved and he will be unable to proceed with his current plan. Discussion ensued between Council, City Manager Bill Eisen, Assistant City Manager Nick Finan, Planning Director Lata Krishnarao, Project Director Joe Wertz, City Attorney Darrin Coker, Mike Pollock, and Kerry Gilbert regarding the details of the proposed zoning map, the Pearland Comprehensive Plan, and the development plan for the property owned by Mike Pollock. Allan Mueller, LJA Engineering, stated that the intention of the proposed zone changes on the zoning map is to bring the contents of the Comprehensive Plan and the zoning map closer to having the same content. Councilmember Saboe stated he believes that Council has several choices regarding the Ordinance: they can table it, approve it or pass it and have faith that the set processes will satisfy the concerns of Mr. Pollock. Mayor Pro -Tem Cole stated he would like his comments to be understood. He is not against the plan but is in favor of the processes the City of Pearland has in place. Page 21 of 31 — 2/13/2006 Councilmember Owens stated that the City of Pearland did arbitrarily change the land to R-1 zoning and they will need to own the decision. He does understand the side of Mike Pollock that if he purchases forty acres of land and is unable to obtain a zone change, he has lost a lot of money. City Attorney Darrin Coker stated that if Council chooses to table the Ordinance they would be required to go back to the Public Hearing process. Planning Director Lata Krishnarao stated Planning and Zoning currently has five to six permits pending from applicants that are waiting for this Ordinance to be adopted. Mike Pollock stated he appreciates Council hearing his concerns and it was not his intention to try to override the process. Councilmember Saboe stated that Mr. Alexander of T & B Alexander Family Limited Partnership did present a letter in person stating his concerns regarding the Ordinance. Councilmember Saboe read the letter presented to Council by Mr. Alexander. February 7, 2006 VIA HAND -DELIVERY Young Lorfing, TRMC Pearland City Secretary 3519 Liberty Drive Pearland, TX 77581 RE: Two Tracts of land consisting of 4.2 acres and 5.8 acres of and (divided by 2.731 acres of Right of Wav taken by the Citv of Pearland) out of Lot 19 L W Murdock Subdivision, A.C.H.&B.R.R. Survey, Abstract 507 Brazoria County, Texas located at the West line of State Highway 35 at Oiler Drive City of Pearland Texas ("Alexander Tracts" Dear City Secretary: I am the authorized representative of T & B Alexander Family Limited Partnership, owner of the Alexander Tracts. Our family has objected to the City's proposed change in uses in the zoning categories on the Alexander Tracts. In particular, the proposed rezoning would delete over 90 uses in the M-2 Heavy Industrial Zoning category on our SH 35 property. The proposed rezoning effectively makes this tract undevelopable. We are requesting that the SH 35 property be zoned to the GC - General Commercial zoning district which contains sufficient uses to allow the tract to be developed. Page 22 of 31 — 2/13/2006 If this is not an option, then please accept this letter as our written protest of the City's unilateral rezoning of the Alexander Tracts under § 211.006, Tex. Loc. Gov't Code which requires a 3/4 vote of the Council to rezone the Alexander Tracts in accordance with the recommendation of the Planning & Zoning Commission. On a separate note, our condemnation attorney Art Anderson has been attempting to schedule a meeting with the City's condemnation counsel and staff since mid-November to discuss possible settlement of the pending Bailey Road condemnation matter. We remain agreeable to scheduling this meeting at the City's convenience. Very Truly Yours, Tom Alexander Councilmember Saboe concluded reading the letter presented to Council by Tom Alexander. Assistant City Manager Nick Finan stated the letter referred to the property that Mr. Alexander discussed at a prior public hearing. Mayor Pro -Tem Cole stated he feels that the Future Comprehensive Plan needs to be updated. Discussion ensued between Council, City Manager Bill Eisen, Assistant City Manager Nick Finan regarding tabling the Ordinance. Planning and Zoning Chairperson Ruby Sandars stated it is Planning and Zoning's opinion that having SDF zones poses a risk of spot zoning. The best thing is to review each individual property on a case-by-case basis. Mayor Pro -Tem Cole stated he feels that Council needs to vote on the issue and review future zone change requests individually. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-26 — A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A GENERAL AND SPECIAL ELECTION TO BE HELD ON SATURDAY, MAY 13, 2006, FOR THE PURPOSE OF ELECTING TWO MEMBERS OF THE CITY COUNCIL IN AND FOR THE CITY OF PEARLAND, TEXAS; AND FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF Page 23 of 31 — 2/13/2006 PEARLAND, TEXAS, CERTAIN PROPOSED CHARTER AMENDMENTS; ESTABLISHING POLLING PLACES; NAMING CLERKS; AND ESTABLISHING PROCEDURES FOR SAID REGULAR CITY OFFICERS AND SPECIAL ELECTION. Mr. Darrin Coker, City Attorney Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Cole, to approve Resolution No. R2006-26. City Manager Bill Eisen stated this Ordinance is to call the election. The document does propose utilizing the Westside Event Center to help voters located on the west side of Pearland. Councilmember Marcott asked if there would now be three voting locations. City Secretary Young Lorfing stated there would only be two locations. The Westside Event Center will replace the Epiphany location for early voting. Councilmember Marcott asked if the voting location for the actual voting day will be at Jamison. City Secretary Young Lorfing stated the City is planning to use Jamison for a voting location on Election Day. If a new precinct is established there is a need for a Precinct Judge and an Alternate Judge. At this time there is not anyone located in the area that is trained as an election judge and alternate to serve at a new voting location. I have contacted Brazoria County and they reported they do not know of anyone that is qualified to serve as judge. This year is the first year we will be using the new eSLATE voting machines, and may not be a good time to train new judges and use the new voting equipment. Councilmember Marcott stated appropriate signs should be placed along FM 518 to allow voters to be informed of the voting location change. Discussion ensued between Council, City Manager Bill Eisen, and City Secretary Young Lorfing regarding voting locations. Voting "Aye" Councilmembers Saboe, Marcott, Cole, and Tetens. Voting "No" Councilmember Owens. Motion Passed 4 to 1. COUNCIL ACTION — RESOLUTION NO. R2006-21 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 12 ASSOCIATED WITH THE YOST ROAD PROJECT. Mr. Bill Eisen, City Manager. Page 24 of 31 — 2/13/2006 Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Cole, to approve Resolution No. R2006-21. City Manager Bill Eisen stated a workshop was held on the proposed Resolution previous to the current meeting. Councilmember Marcott asked why it was decided to install a cul-de-sac instead of installing a couple of connections. Rod McCrary, TC&B Engineers, stated the decision to install cul-de-sacs was due to the traffic arrangement. In the event of a fire, the fire truck would need to have more room to move around in the area. General traffic also needs additional space to maneuver through the area. Councilmember Marcott stated, at the beginning of the project, he believed it was a simple addition of some concrete, not $74,000 worth of work. Mayor Pro -Tem Cole asked what will happen to the existing Yost Boulevard when the construction is complete. City Manager Bill Eisen stated the existing Yost Boulevard will be torn out and can be sold or given to the surrounding land owner. Discussion ensued between Council, City Manager Bill Eisen, City Attorney Darrin Coker, Project Director Joe Wertz, and Project Manager Cecil Bowery regarding the land left over by the project and the details of the project. Councilmember Marcott asked City Engineer Doug Kneupper for his opinion on the project. City Engineer Doug Kneupper stated he has promoted the project and believes the outcome will be good for the area. Discussion ensued between Council, City Manager Bill Eisen, City Engineer Doug Kneupper, Project Director, and Project Manager Cecil Bowery regarding the project. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Voting "No" None. Motion Passed 5 to 0. Page 25 of 31 — 2/13/2006 FIRST AND ONLY READING OF ORDINANCE NO. 1244 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF §545.356, TEXAS TRANSPORTATION CODE, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS, OF PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1244 on its first and only reading. City Manager Bill Eisen stated the Ordinance relates to a speed study performed by TxDOT on FM 518. The study suggests the need for a modification in the speed limit due to the increasing number of entrances. The recommendation is to decrease the speed limit by five miles per hour. The study was actually performed several years ago and they are now asking the City to make the change. Councilmember Marcott asked if there was more information than the three page report received by Council. City Engineer Doug Kneupper stated he did ask for a written report but did not receive more narrative. Mayor Pro -Tem Cole stated he is in favor of the change due to the increased congestion on FM 518. Police Chief J.C. Doyle stated he would like to know if the City of Pearland would be liable if they did not change the speed limit after receiving a traffic study suggesting that the change needs to be made. City Attorney Darrin Coker stated that the City would not be held liable and that the current speed limits are based on previous traffic studies. Police Chief J.C. Doyle stated he is in support of changing the speed limit based on the traffic study. Mayor Pro -Tem Cole asked when the speed limit would be effective. City Attorney Darrin Coker stated the speed limit would be effective ten days after the publication. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Voting "No" None. Page 26 of 31 — 2/13/2006 Motion Passed 5 to 0. COUNCIL ACTION — RESOULTION NO R2006-24 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AN AMENDED DEVELOPMENT AGREEMENT WITH PROVINCE VILLAGE, LLP. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Cole, to approve Resolution No. R2006-24. City Manager Bill Eisen stated the Ordinance relates to a Province Village Development agreement. The City of Pearland had agreed to reimburse the developer for the construction of a bridge over Clear Creek. The original agreement stated the City had several years to pay the developer and would be assessed 8% in interest. The current budget has allowed for the entire payment to be made as soon as the work is complete and save the City the interest fees. Councilmember Marcott asked what the variance is in the cost estimate. City Attorney Darrin Coker stated that the contract specifies a 5% percent variance from the original estimate without prior approval. Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 543-4 — 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 INSURANCE REQUIREMENTS; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Owens, to approve Ordinance No. 534-4 on its first reading. City Manager Bill Eisen stated he refers comments on the Ordinance to City Attorney Darrin Coker. City Attorney Darrin Coker stated the Ordinance amendment is in response to citizen comments at a prior meeting. Research into insurance availability proved that there are Page 27 of 31 — 2/13/2006 only three insurance companies willing to write policies for taxicab services and none of them will write policies above the minimum state requirements. Councilmember Marcott stated he has a problem lowering the insurance limits and asked if there is some type of regulation on who can drive a taxi. City Attorney Darrin Coker stated the Ordinance contains requirements that each individual driver must meet to operate a taxi in the City of Pearland. Mayor Pro -Tem Cole stated it does not make sense to him that an insurance company will not write a policy and charge the appropriate premiums. Voting "Aye" Councilmembers Saboe, Cole, Owens, and Tetens. Voting "No" Councilmember Marcott. Motion Passed 4 to 1. COUNCIL ACTION — RESOLUTION NO. R2006-23 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A UTILITY RELOCATION AGREEMENT WITH EQUISTAR FOR THE RELOCATION OF A GAS TRANSMISSION LINE ASSOCIATED WITH THE DIXIE FARM ROAD PROJECT. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-23. City Manager Bill Eisen stated the plan to relocate pipeline on Dixie Farm Road was previously discussed by Council and the conclusion was to keep the project moving forward. Approval of the Ordinance will formally authorize the relocation of the pipeline and allow the City to try and recover costs from Harris County. Councilmember Saboe stated the numbers in the contract seemed a little low. Project Director Joe Wertz stated the numbers were a little low and the actual numbers are being worked on. Councilmember Marcott asked when the project is estimated to start. Project Director Joe Wertz stated the contractor is not positive when they will be able to begin work, but is expected to begin within sixty days. Discussion ensued between Council, City Manager Bill Eisen, City Attorney Darrin Coker and Project Director Joe Wertz regarding the details of the project. Page 28 of 31 — 2/13/2006 Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-19 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTERS 5 AND 6 OF THE CITY OF PEARLAND EMPLOYEE HANDBOOK. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2006-19. City Manager Bill Eisen stated the Resolution involves amendments to two current employee regulations. The first is a limit on employee education reimbursement and the second clarifies what would be recognized as a violation of the acceptance of gifts policy. Mayor Pro -Tem Cole asked what would qualify as entertainment under the acceptance of gifts policy. City Manager Bill Eisen stated it would be something along the lines of a sporting event or Broadway Show. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-20 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING A DEED FOR CERTAIN REAL PROPERTY. Mr. Darrin Coker, City Attorney. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2006-20 as amended. City Manager Bill Eisen stated he refers comments to the City Attorney Darrin Coker. City Attorney Darrin Coker stated the Resolution is for property the owner wishes to donate to the City of Pearland. The City will ultimately need a portion of the land for the Orange Street Right -Of -Way. Councilmember Marcott asked if the property was re -zoned within the last few years. Page 29 of 31 — 2/13/2006 City Attorney Darrin Coker stated he is not sure of zoning issues involving the property. Discussion ensued between Council, City Manager Bill Eisen, and City Attorney Darrin Coker regarding possible uses of the property. Councilmember Saboe made the motion, seconded by Councilmember Owens to amend Resolution No. 2006-20 to include approval of the Resolution be contingent upon a Phase I assessment. 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 Saboe, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 12:25 a.m. to discuss the following: 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 12:57 a.m. CONSIDERATION AND POSSIBLE ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH CITY INFRASTRUCTURE PROJECTS. City Council. No action taken by Council. ADJOURNMENT Page 30 of 31 — 2/13/2006 Meeting was adjourned at 12:58 a.m. Minutes approved as submitted and/or corrected this the 27th day of February, 2006. ATTEST: jng Oin i[' '=�� Q4 Tom Reid Mayor Page 31 of 31 — 2/13/2006 THIS PAGE LEFT BLANK INTENTIONALLY