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2006-06-12 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JUNE 12, 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 7:47 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Richard Tetens Kevin Cole Helen Beckman Felicia Kyle Steve Saboe Bill Eisen Darrin Coker Young Lorfing Others in attendance: Public Works Director Danny Cameron; Parks & Recreation Director Rhonda Cyrus; Police Chief J.C. Doyle; Assistant City Manager Nick Finan; Assistant City Manager Mike Hodge; Planning Director Lata Krishnarao; Director of Finance Claire Manthei; and Senior Planner Theresa Grahmann. The invocation was given by Councilmember Saboe and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported May 21 to May 24, he attended the International Council of Shopping Centers; May 25, he attended the Clear Creek Meeting with Pearland, Friendswood, and Brazoria Drainage District No. 4 members, met with Dr. Lindeman regarding Riverstone Ranch property, and met with the Gulf Coast Water Authority Board of Directors; May 26, met with H -GAC Transportation Policy Council Board of Directors and joined community leaders to welcome graduating Seniors at the All Night School Party; May 29, was a keynote speaker for the VFW Memorial Day Event; May 30 Chaired the Citizens Emergency Response Team (CERT) Meeting; May 31, met with new Scout Director, Larry Brown and Director of Economic Development Corporation, Fred Welch; June 2, joined Pearland, Friendswood, and the Brazoria Drainage District No. 4 for a visit to Senator Cornyn's office; June 3, attended the groundbreaking for the Apex Hospital; June 5, attended the Agenda Meeting, the Council Workshop, and the Special Meeting, and attended the Bay Area Transportation Partnership Tri -County Luncheon; June 6, met with managers of the three Wal -mart stores and met with Felton Baker and the engineering consultant on a proposed hospital at the airport site; June 8, attended the Ribbon Cutting for Graphics Printing, met with the "Trees for Pearland" Committee, and visited with President John Ring of the Kemlon Company; June 9 and Page 1 of 18 — 6/12/2006 10 attended his High School Reunion; June 12 visited with Mr. and Mrs. Jamison and met with the City Audit Committee. Mayor Reid recognized Inez Farmer for her service as an Election Official and presented her with a plaque of appreciation. He stated Inez Farmer has been at the polls as long as he can remember, since approximately 1965. Mayor Reid recognized the other election officials in attendance that have also given their time and effort: Cheryl Barnett; Wanda Heard; Adela Villarreal; Barbara Campise; Helen Horton; Alma Nolen; Francis Elkington; and Jo Churchill. COUNCIL ACTIVITY REPORTS Councilmember Saboe reported Mayor Reid attended the groundbreaking for the Apex Hospital. It will be the first community hospital and he is happy to see the project begin. He attended a successful fundraiser at St. Helen's Church. Councilmember Beckman thanked Staff for all the information they have provided. Mayor Pro -Tem Tetens passed on giving a report. Councilmember Kyle thanked Staff for all the information they have provided. Councilmember Cole stated there is now a privately owned full-service emergency room located in Pearland at FM 518 and Dixie Farm Road. CITY MANAGER'S REPORT City Manager Bill Eisen reported Rhonda Cyrus will be resigning from her position as Parks and Recreation Director. Funding for the Clear Creek Project was left out of the Federal Budget. Congressman Tom DeLay was not successful in getting the item added back to the budget. A meeting was held with Senator Cornyn and contact has been made with Senator Hutchinson to attempt to get the item added back into the budget. CITIZENS Michael Klaus, 5016 Groveton, addressed Council and stated the Corrigan Project is about nine months behind due to redesigns to meet the elevation requirements. There was enough slack in the original plan two and a half years ago that would have covered the issue without a redesign. He was surprised at information presented in the earlier Workshop that has not been disclosed to the public before tonight. Building has already begun and will need to be halted. The public is waiting for the drainage models and has not received them. He was told in December of 2001, the project on Bailey Road would Page 2 of 18 — 6/12/2006 not work. It took two years for the City of Pearland to get around to completing the project. It is extremely easy to pay for the City to have a drainage plan developed for the entire City that can be easily modified when needed. He watched presentations made by Staff in earlier Workshops and is not happy with the quality of the computer presentation of the projects. He feels that Staff could improve the quality of their presentations. Trish Pratka, 3950 Wingtail Way, addressed Council and stated she is the current President of the West Lea Civic Club. A zoning application change has been filed to change the zoning for an area in their subdivision from SR -15 to NS. The request will be heard by Council Monday, June 19, 2006. The West Lea Civic Club is opposed to this change. There are strict deed restrictions with regard to businesses in their neighborhood. All members of the West Lea Civic Club will attend the meeting to voice their opposition to the change. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — 1 . Minutes of the May 15, 2006, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the May 22, 2006, Special Meeting held at 6:30 p.m. 2. Minutes of the May 22, 2006, Regular Council Meeting held at 7:30 p.m. 4. Minutes of the May 25, 2006, Special Council Meeting held at 6:00 p.m. 5. Minutes of the June 5, 2006, Special Council Meeting held at 7:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION — EXCUSE MAYOR REID'S ABSENCE FROM THE MAY 22, 2006, REGULAR COUNCIL MEETING. City Council. C. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1270 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE A WATER AND SEWER EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FOR THE CONSTRUCTION OF 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, Page 3 of 18 — 6/12/2006 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. D. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1271 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE A WATER AND SEWER EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FOR THE CONSTRUCTION OF 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. 1272 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE A WATER AND SEWER EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FOR THE CONSTRUCTION OF 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 — FIRST AND ONLY READING OF ORDINANCE NO. 1274 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO Page 4 of 18 — 6/12/2006 ACQUIRE A WATER AND SEWER EASEMENT FOR THE CONSTRUCTION OF 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. G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-85 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING OWNERSHIP OF CERTAIN REAL PROPERTY TO BE USED FOR THE LOCATION OF A PUBLIC LIBRARY. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Cole, to adopt Consent Agenda Items A through G as presented on the Consent Agenda. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS COUNCIL ACTION — RESOLUTION NO. R2006-89 — A RESOLUTION RECOGNIZING THE SERVICES AND CONTRIBUTIONS OF WOODY OWENS. Mayor Reid. Councilmember Beckman made the motion, seconded by Councilmember Cole, to approve Resolution No. R2006 -89 - Mayor Reid presented Woody Owens with the Resolution and a plaque of appreciation for his service as Councilmember for the City of Pearland. Woody Owens stated it was an honor for him to serve on the City Council. He will miss the people he met and dealt with while serving the City. No matter what City Council does and the long hours they put in, the Staff will put in tremendous hours as well. The Council was fortunate to have a good City Manager and Staff and he appreciates the work they put in. When a person is a part of something like this, they can only hope Page 5 of 18 — 6/12/2006 when they leave that they made some type of contribution. He knows that he is leaving the Council in good, capable hands and commends the current members. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-90 — A RESOLUTION RECOGNIZING THE SERVICES AND CONTRIBUTIONS OF LARRY R. MARCOTT. Mayor Reid. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2006-90. Mayor Reid presented Larry Marcott with the Resolution and a plaque of appreciation for his service as Councilmember for the City of Pearland. Larry Marcott stated that six years serving on City Council was a long time but he feels many good changes were made such as, the bond issues and drainage projects. The City has grown tremendously since he was elected to Council. The Corrigan project took on a major emphasis in what the City was doing. West Lea was another project that was needed and was done. He hopes the new Council will continue moving forward and do what needs to be done for the growth of the City. He has had withdrawal from not being on Council because it was such a part of his life. He has enjoyed serving the City of Pearland. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO 1273 — AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF PEARLAND, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2006; PRESCRIBING THE TERMS AND FORM THEREOF; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL THEREOF AND INTEREST THEREON; AWARDING THE SALE THEREOF; AUTHORIZING THE PREPARATION AND DISTRIBUTION OF AN OFFICIAL STATEMENT TO BE USED IN CONNECTION WITH THE SALE OF THE CERTIFICATES; AUTHORIZING THE PURCHASE OF BOND INSURANCE; MAKING OTHER PROVISIONS REGARDING SUCH CERTIFICATES, INCLUDING USE OF THE PROCEEDS THEREOF, AND MATTERS INCIDENT THERETO; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager. Page 6 of 18 — 6/12/2006 Councilmember Kyle made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 1273 on its first and only reading. Ryan O'Hara, RBC Capital Markets, Inc., provided Council with an update regarding the results of the Series 2006 Bond Sale. RBC Capital Markets, Inc. recommends that Council award the bid to AG Edwards. Rick Witte, Andrews Kurth LLP, stated the numbers in the bid were good and he also recommends Council to award the bid to AG Edwards. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. Mayor Reid, with concurrence of Council, moved to New Business Item No. 14, Resolution No. R2006-92. COUNCIL ACTION — RESOLUTION NO. R2006-92 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 AUTHORIZING THE ISSUANCE OF $1,980,000 UNLIMITED TAX AND REVENUE AND REFUNDING BONDS, SERIES 2006. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2006-92, as amended. Director of Finance Claire Manthei stated Brazoria County Municipal Utility District No. 1 is asking Council for approval for $1,980,000 series 2006 bonds. This would be the final issuance of bonds and the district would be completely developed for infrastructure. The City will be annexing and developing MUD No. 1 in December 2006. The MUD has completed all the requirements of the creation Ordinance of the MUD. She is requesting that Council approve the sale of the bonds subject to the restructure of the maturity schedule. Craig Rathman, MUD No. 1 Bond Attorney, stated he has participated in discussions with Finance Director Claire Manthei and is aware of the City wanting the maturity schedule for the bonds to be structured differently. He has passed this onto the Council for the district and will discuss the item at the next meeting. He will recommend they follow the Council's wishes. MUD No. 1 has received an excellent B+ credit rating. Page 7 of 18 — 6/12/2006 Councilmember Cole asked if the item is to finalize the portion of the Tranquility Bay Apartment Developer. Craig Rathman, MUD No. 1 Bond Attorney, stated the reimbursement for the Tranquility Bay Apartment Developer and other developers was included. Finance Director Claire Manthei asked Council to approve the Brazoria County MUD No. 1 Bond Sale subject to the approval of the MUD Board and the Texas Commission on Environmental Quality with a maturity schedule change. Councilmember Cole made the motion, seconded by Councilmember Saboe to amend Resolution No. R2006-92 to approve the Brazoria County MUD No. 1 Bond Sale subject to the approval of the MUD Board and Texas Commission on Environmental Quality with a maturity schedule change. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, 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 Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. Mayor Reid, with concurrence of Council moved back to New Business Item No. 4, Resolution R2006-82. COUNCIL ACTION — RESOLUTION NO. R2006-82 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR AUDIT SERVICES. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2006-82. Finance Director Claire Manthei stated State Statute requires the City have its books and financial records audited by a licensed Certified Public Accountant in the state of Texas. The current Auditor has provided this service for the past five years. In previous discussions between Council and Staff the decision was made to begin a rotation Page 8 of 18 — 6/12/2006 system for the auditing services. Three firms returned proposals, which were reviewed by Staff. The firms are qualified to provide the auditing service to the City and have worked with members of the Staff on past projects. Null Lairson has 30 years experience performing Municipal Audits, currently serves 75 governmental entities and is recommended for Council approval by Staff. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 2000M-8 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION BEING 8.517 ACRES, BEING OUT OF LOT 1, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 300, SECTION 81 OF THE ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION, ACCORDING TO THE PLAT OR MAP RECORDED IN VOLUME 2, PAGE 98, OF THE BRAZORIA COUNTY PLAT RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF BROADWAY STREET, AND ON THE WEST SIDE OF KIRBY DRIVE), (ZONE CHANGE APPLICATION NO. 2006-19Z) FROM CLASSIFICATION SINGLE FAMILY ESTATE DISTRICT (R -E) TO PLANNED DEVELOPMENT DISTRICT (PD), AT THE REQUEST OF CBL AND ASSOCIATES PROPERTIES, INC., APPLICANT FOR W C PROPERTIES, LTD., OWNER, PROVIDING FOR AN AMENDMENT OF THE ZONING 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 Beckman made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 2000M-8 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. 2006-19Z. City Manager Bill Eisen stated this item is in addition to the already existing CBL and Associates Properties, Inc. Planned Unit Development and includes a newly acquired parcel. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Page 9 of 18 — 6/12/2006 Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 2000M-9 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION BEING 643.1 ACRE TRACT OF LAND, OUT OF THE T. J. GREEN SURVEY, ABSTRACT 290, HARRIS COUNTY, TEXAS, BEING ALL OF THAT CERTAIN CALLED 663.1 ACRES OF LAND, SAME BEING LOTS 1 THRU 103 AND LOTS 108 THRU 122 IN THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, RECORDED IN VOLUME 4, PAGE 48, IN THE MAP RECORDS OF HARRIS COUNTY, TEXAS, CITY OF PEARLAND, HARRIS COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF PEARLAND PARKWAY, ON THE WEST SIDE OF COUNTRY CLUB DRIVE, AND ON THE NORTH SIDE OF CLEAR CREEK), (ZONE CHANGE APPLICATION NO. 2006-18Z) FROM CLASSIFICATION SINGLE FAMILY ESTATE DISTRICT (R -E) TO SINGLE FAMILY RESIDENTIAL — 1 DISTRICT (R-1), AT THE REQUEST OF ALAN MUELLER, APPLICANT FOR RIVERSTONE LAND INVESTORS, LTD., SHS, AND GREEN SHADOWS CORPORATION, OWNERS, AND PORTIONS OF THE PROPERTY INITIATED FOR A ZONE CHANGE BY THE CITY OF PEARLAND, PROVIDING FOR AN AMENDMENT OF THE ZONING 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 Tetens made the motion, seconded by Councilmember Cole, to approve Ordinance No. 2000M-9 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. 2006-18Z. Alan Mueller, SHS Property Partners, addressed Council and stated the property is the subject of a development agreement that covers several different topics for the property. The re -zoning is the next step in the project and, as a co -applicant for the zoning change, he is asking for a favorable vote from Council. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 2000M-6 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY, Page 10 of 18 — 6/12/2006 LOCATION BEING 1.03 ACRES OF LAND, LOT 25, OF WESTCHESTER ESTATES, ABSTRACT 242, H. T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF WESTCHESTER CIRCLE, AND APPROXIMATELY 250 FEET SOUTH OF FM 518 (BROADWAY STREET)), (ZONE CHANGE APPLICATION NO. 2006-16Z) FROM CLASSIFICATION SINGLE FAMILY RESIDENTIAL — 1 DISTRICT (R-1) TO NEIGHBORHOOD SERVICE DISTRICT (NS), AT THE REQUEST OF JAMES D. AND L. ELAINE THOMAS, OWNERS, PROVIDING FOR AN AMENDMENT OF THE ZONING 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 Kyle made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 2000M-6 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. 2006-16Z. City Manager Bill Eisen stated this item will require a three-quarter vote for approval. The property was previously the subject of a zone case to be changed from GB zoning to NS zoning and was denied. Voting "Aye" None. Voting "No" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Motion Failed 5 to 0. FIRST READING OF ORDINANCE NO. 2000M-7 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION BEING 4.540 ACRES, BEING OUT OF TRACT 29, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 304, AS RECORDED IN VOLUME 976, PAGE 486, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF WOOTEN ROAD, AND APPROXIMATELY 1,100 FEET NORTH OF FM 518 (BROADWAY STREET)), (ZONE CHANGE APPLICATION NO. 2006-17Z) FROM CLASSIFICATION SINGLE FAMILY RESIDENTIAL — 3 DISTRICT (R-3) TO NEIGHBORHOOD SERVICE DISTRICT (NS), AT THE REQUEST OF GEORGE MUTHALALY, APPLICANT FOR MORITE V. CRAVEN, OWNER, PROVIDING FOR AN AMENDMENT OF THE ZONING 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. This item was withdrawn as requested by the applicant. No action taken by Council. Page 11 of 18 — 6/12/2006 COUNCIL ACTION — RESOLUTION NO. R2006-79 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE ASSESSMENT OF AN ADDITIONAL PENALTY ON DELINQUENT PERSONAL PROPERTY TAXES TO DEFRAY THE CITY'S COST OF COLLECTION. Mr. Darrin Coker, City Attorney. Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-79. City Manager Bill Eisen stated this item allows a penalty to be attached to delinquent personal property tax to recover the cost of tax attorney's collection work. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-84 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CERTAIN CHAPTERS OF THE CITY OF PEARLAND EMPLOYEE HANDBOOK. Mr. Bill Eisen City Manager and Ms. Mary Hickling, Director of Human Resources. Resolution No. R2006-84 was passed to a future agenda; no Council action taken. COUNCIL ACTION — RESOLUTION NO. R2006-83 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN AMENDMENT TO THE ADVANCED FUNDING AGREEMENT WITH THE STATE OF TEXAS FOR IMPROVEMENTS TO THE DIXIE FARM ROAD. Mr. Mike Hodge, Assistant City Manager. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2006-83. City Manager Bill Eisen stated this item is an amendment to the existing agreement with Tx -DOT regarding the Dixie Farm Road Project. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. Page 12 of 18 — 6/12/2006 COUNCIL ACTION — RESOLUTION NO. R2006-91 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES ASSOCIATED WITH THE WAGON WHEEL WATER, DRAINAGE AND PAVING IMPROVEMENTS. Mr. Bill Eisen, City Manager. COUNCIL ACTION — RESOLUTION NO. R2006-88 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR CONSTRUCTION INSPECTION SERVICES ASSOCIATED WITH THE WAGON WHEEL WATER, DRAINAGE AND PAVING IMPROVEMENTS. Mr. Bill Eisen, City Manager. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2006-91 and Resolution No. R2006-88. City Manager Bill Eisen stated Council recently awarded construction contracts for water, drainage, and paving improvements in the Wagon Wheel area. Both items are contracts associated with the oversight of those services. Councilmember Saboe asked why the project has exceeded the budget. Interim Project Director Jennifer Phan stated the main reason for the over -spending is that the original project was just for water. Drainage improvements were added because of timing and necessity. Several projects are included in the same budget, Fund 67, that have been completed under budget and those funds will be transferred to this project. Councilmember Saboe asked when the action was taken to authorize the use of the contingency money. Interim Project Director Jennifer Phan stated the authorization was given at the same time the contract was awarded. Brief discussion ensued between Council, City Manager Bill Eisen, and Interim Project Director Jennifer Phan regarding the project. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. Page 13 of 18 — 6/12/2006 COUNCIL ACTION — RESOLUTION NO. R2006-93 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT WITH POAG & MCEWEN LIFESTYLE CENTER -HOUSTON FOR WATER, SANITARY SEWER AND STORM SEWER IMPROVEMENTS. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-93. City Manager Bill Eisen stated the development agreement with Poag & McEwen allows the City to over -size a facility to serve a larger area. City Attorney Darrin Coker stated this Resolution has been presented to Council previously, but needed a few changes. What would qualify as a City improvement has been better defined. In this type of arrangement, reimbursement for the over -sizing is typically handled on the back -end. The reimbursement for this arrangement will be occurring on a monthly basis. Construction is planned to begin after the ground breaking on June 22, 2006. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-86 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR DESIGN SERVICES ASSOCIATED WITH IMPROVEMENTS TO CENTENNIAL PARK. Mr. Mike Hodge, Assistant City Manager. Councilmember Kyle made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2006-86. City Manager Bill Eisen stated the contents of this project have been submitted to Texas Parks and Wildlife on two occasions to receive a grant. Both times the funding was denied. This item allows the City to move forward with local partners to acquire funding. Parks and Recreation Director Rhonda Cyrus stated this is a project that the City has been working on for several years. The project will lay the infrastructure for Centennial Park and put a connector bridge at McLean. The project will also include a soccer field, a splash pad, and restrooms. The total project cost is approximately $800,000. Discussion ensued between Council and Parks and Recreation Director Rhonda Cyrus regarding the project. Page 14 of 18 — 6/12/2006 Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-87 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR DESIGN SERVICES FOR A MASTER HIKE AND BIKE PLAN. Mr. Mike Hodge, Assistant City Manager. Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Resolution N,). R2006-87. Parks and Recreation Director Rhonda Cyrus stated this item is for the hike and bike plan component of the Master Plan adopted in 2005. The proposed contractor for the project is Kendig-Keast and the funds used will be from the interest from the dedication funds. Councilmember Cole stated the word is getting out and people in the community are very excited about this project. Councilmember Saboe stated he appreciates the leadership on this project from Parks and Recreation Director Rhonda Cyrus. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-95 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A COMMERCIAL LEASE ASSIGNMENT AGREEMENT TO MEET ADDITIONAL SPACE NEEDS FOR THE PARKS AND RECREATION DEPARTMENT. Mr. Mike Hodge, Assistant City Manager. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2006-95, as amended. Parks and Recreation Director Rhonda Cyrus stated the Parks and Recreation Department has budgeted the funds to possibly lease the space that is located in front Page 15 of 18 — 6/12/2006 of their current facility. The Parks and Recreation Department needs a larger reception area, Keep Pearland Beautiful needs more space, and the Public Affairs department is possibly being moved to the Parks and Recreation location. American Title wants to sub -lease the location and the price includes electric, cleaning, and furniture. The amount is $5,000 until the end of the fiscal year and an additional $38,327 for the following fiscal year. Councilmember Felicia Kyle stated paragraph no. 27 in the lease agreement reference Estoppel Certificates. She would like Subsection A to be changed to read "any then known breach of the lease" and Subsection F to read "any then known claims for any offsets." Councilmember Kyle made the motion, seconded by Councilmember Saboe, to amend Resolution No. R2006-95 to incorporate the phrase "then known" in paragraph no. 27, Subsection A and Subsection F after the word "any." Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, 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 Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-94 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A DATE, TIME AND LOCATION FOR A PUBLIC HEARING TO RECEIVE PUBLIC COMMENT AND TESTIMONY REGARDING PROPOSED AMENDMENT TO NO. 1 AND AMENDMENT NO. 2 OF THE PROJECT PLAN FOR TAX INCREMENT REINVESTMENT ZONE NO. 2. Mr. Darrin Coker, City Attorney. Councilmember Beckman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-94. City Attorney Darrin Coker stated the Tax Increment Reinvestment Zone No. 2 Board has approved two amendments to the Project Plan for the TIRZ No. 2. Before the amendments can be adopted a Public Hearing must be held. The proposed date and Page 16 of 18 — 6/12/2006 time for the Public Hearing is June 26, 2006 at 7:00 p.m. The agenda will possibly include three action items for Council to consider. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:37 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.072 — REAL PROPERTY: DISCUSSION REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. Mr. Bill Eisen, City Manager. 2. SECTION 551.074 — PERSONNEL MATTERS — REGARDING APPOINTMENTS TO THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION BOARD. Mr. Bill Eisen, City Manager. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 10:00 p.m. COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. City Council. No action taken by Council. COUNCIL ACTION — REGARDING APPOINTMENTS TO THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION BOARD. City Council. No action taken by Council. ADJOURNMENT Meeting was adjourned at 10:01 p.m. Page 17 of 18 — 6/12/2006 Minutes approved as submitted and/or corrected this the 26`h day of June, 2006. ATTEST: -14 clff� .' 9 tary Tom Reid Mayor Page 18 of 18 — 6/12/2006