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2006-12-11 CITY COUNCIL REGULAR MEETING MINUTES - 7:00PMMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON DECEMBER 11, 2006, AT 7:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:40 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Richard Tetens Kevin Cole Felicia Kyle Steve Saboe Bill Eisen Darrin Coker Young Lorfing Absent: Councilmember Helen Beckman Others in attendance: Jon Branson Parks and Recreation Director; Doug Kneupper City Engineer; J.C. Doyle Police Chief; Trent Epperson Project Director; Nick Finan Assistant City Manager; Mike Hodge Assistant City Manager; Claire Manthei Finance Director; Jeff Sundseth EMS Operations Director; Fred Welch Executive Director of Economic Development Corporation. The invocation was given by Councilmember Cole and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported November 28, he met with City Manager Bill Eisen and Dr. Staples, University of Houston Clear Lake; November 29 — December 1, attended the Texas Association of Regional Councils' Board of Directors Meeting; December 2, rode in the Annual Holiday Parade and welcomed skaters to the Rotary Club Skating Rink; December 3, spoke at the Scout Troop 404 Eagle Scott Court of Honor Dinner; December 4, attended the Agenda Meeting and the funeral of City Election Official Helen Horton; December 5, Welcomed attendees to the Alvin Community College Health Fair and visited the Neighborhood Center Annual Soup Kitchen; December 6, attended the Bay Area Transportation Partnership Executive Committee Meeting, received an award at the Exchange Club Luncheon, and spoke at the Bay Area Hospice Team Care Center and lit the Christmas Tree; December 7, attended the Chamber Elected Official Reception; December 8, attended the Chamber Business Before Breakfast and was a Celebrity Reader at H.C. Carleston Elementary School; December 9, attended the City Annual Christmas Party; December 11, attended the Brazoria County Drainage District No. 4 Meeting, the School District Education Improvement Committee Meeting, and the Pearland Economic Development Corporation Board of Directors Meeting. Page 1 of 2012/11/2006 — 7:00 p.m. COUNCIL ACTIVITY REPORTS Councilmembers Saboe and Kyle passed on giving a report. Councilmember Beckman was absent. Mayor Pro -Tem Tetens reported that he attended the Holiday Parade and felt the turnout was good and everyone enjoyed the floats. Councilmember Cole reported Commercial Services where door spree that he donated to th Neighborhood Centers. CITY MANAGER'S REPORT he attended a ground breaking for Transwestern prizes were given away. He won a $1000 shopping e Christian Helping Hands Charity the Pearland City Manager Bill Eisen reported City Hall will be closed for the Holidays Friday, December 22, 2006 and Monday, December 26, 2006. CITIZENS Larry Marcott, 3606 Inverness Court, addressed Council and stated addressed Council previously regarding the graffiti problem in the City. He went through the City and took pictures of areas that have graffiti that appear to be gang related. If the City does not take action, the problem will grow and affect more areas of the City. Mark McKinney, 2612 Creeks Edge Drive, addressed Council and stated he is the Director of Transportation for the Pearland Independent School District. He addressed the possible closure of Old Alvin Road at John Lizer. The School District uses this route to avoid driving on roads like SH 35 where there is more traffic. Closing this road would force many buses to use SH 35 and cause more traffic issues. Approximately 125 buses a day use the intersection and the road closure would have a tremendous effect on the School District. Tom Sullivan, 6930 West Lea, addressed Council and stated he attended a meeting regarding plans for Cowarts Creek and has a few suggestions. Before the large culverts are installed, the water that comes from the properties in the area and drains through the culverts at FM 1128 needs to be stopped. He has been told that TxDOT will not allow this. He contacted TxDOT and was told that this could be approved if the plan was approved by Engineering. West Lea has a problem with the water flowing into Mary's Creek due to trees blocking the path and the size of the Creek. He has discussed his issues with the Drainage District but has not received any help for the problems. Page 2 of 2012/11/2006 — 7:00 p.m. Michael Klaus, 5016 Groveton, addressed Council and stated he is having a problem with the communication regarding the Corrigan Project. A wall has been installed that was not approved by the Corrigan Committee. When he has asked about things that are occurring on the project, the answer is that they have been asked not to discuss the project. All items should be approved by the Corrigan Committee prior to them being completed. Chris Broussard, 11916 Auburn Trail Lane, addressed Council and stated he is a homeowner in the new Southern Trails Development. It is the opinion of many of the homeowners that they have been defrauded by Ashton Woods Homes. The marketing materials and signage stated all homes would sell for $200,000 or more and the lot sizes would be 61 -foot, 70 -foot, and 80 -foot with only three builders. Ashton Woods Homes sold a portion of their land to a builder that will not meet the items stated in the marketing materials. Many of the homeowners would have made a different decision when buying the home if this information had been given to them. Veronica Vatterott, 3708 West Pine Orchard, addressed Council and stated she would like to introduce a new development at Old Town Site and distributed a handout to Council. Charlie Vatterott, 3708 West Pine Orchard, addressed Council and stated he submitted a plat to the City, unfortunately, he feels that the plat will be denied because of parking at the Old Town Site. The Unified Development Code does not accurately address the needs of parking at the site. The City has a simple decision to make. He would like to build an office space on the property he purchased but with no parking in front of the building he will not be able to do this. He is asking Council to review the Unified Development Code and review the parking requirements. Nancy Kozanecki, 3705 Pine Hollow Drive, addressed Council and thanked staff that helped with the project to connect the sidewalks in their subdivision. Gail Hoffman, 12511 Starcroft Drive, addressed Council and stated she recently moved to the area from Virginia and lives in Shadow Creek Ranch. Recent changes in the City's Waste Management Contract have caused the Waste Management Company to ask residents to place their trash out in bags instead of containers. This not only looks bad, but causes other problems with roaches, mice, and other animals. DOCKETED PUBLIC HEARING: None Page 3 of 20 12/11/2006 — 7:00 p.m. CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the November 20, held at 6:30 p.m. 2. Minutes of the November 27, held at 6:30 p.m. 3. Minutes of the November 27, 2006, Joint Public Hearing Meeting 2006, Joint Public Hearing Meeting 2006, Regular Meeting held at 7:30 p.m. 4. Minutes of the December 4, 2006, Special Meeting held at 6:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION — EXCUSE COUNCILMEMBER HELEN BECKMAN FROM THE NOVEMBER 27, 2006 REGULAR COUNCIL MEETING. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000M-22 — 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- 32Z), FROM SINGLE FAMILY RESIDENTIAL — 3 DISTRICT (R-3) TO PLANNED DEVELOPMENT DISTRICT (PD), AT THE REQUEST OF GC ENGINEERING, INC., APPLICANT FOR MUTHALALY INVESTMENTS LLC, 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. Page 4 of 20 12/11/2006 — 7:00 p.m. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-204 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT REPORT FOR THE QUARTER ENDING SEPTEMBER 2006. Mr. Bill Eisen, City Manager. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-205 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON- GALVESTON AREA COUNCIL (HGAC) AND THE BUYBOARD FOR THE PURCHASE OF SOFTBALL SCOREBOARDS. Ms. Michelle Smith, Recreation Superintendent. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Tetens, to adopt Consent Agenda Items A through E as presented on the Consent Agenda. Voting "Aye" Councilmembers Saboe, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. NEW BUSINESS FIRST READING OF ORDINANCE NO. 2000M-23 — 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 0.459 ACRES OF LAND, OR 20,000 SQUARE FEET, BEING CUT OF AND PART OF THE COMMERCIAL RESERVE OF BLOCK 17, SECTION 3, WEST LEA SUBDIVISION, AS RECORDED IN VOLUME 12, PAGE 23, OF THE BRAZORIA COUNTY PLAT RECORDS, ABSTRACT 546, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF FM 1128 (MANVEL ROAD), AND ON THE SOUTH SIDE OF HERON LANE), (ZONE CHANGE APPLICATION NO. 2006-33Z), FROM SUBURBAN RESIDENTIAL — 15 DISTRICT (SR -15) TO GENERAL BUSINESS RETAIL DISTRICT (GB), AT THE REQUEST OF GARY FORREST, APPLICANT FOR MURIEL A. FORREST, 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. Page 5 of 2012/11/2006 — 7:00 p.m. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Kyle, to deny Ordinance No. 2000M-23 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. 2006-33Z. City Manager Bill Eisen stated the property is located in the West Lea Subdivision and just north of an existing convenience store. The owner of the existing convenience store is considering purchasing the property to expand his business. Martha Maxwell, 3649 Wingtail Way, addressed Council and stated she is concerned about the commercial zoning of the property. In 1967 a tract of 239 acres was platted for the West Lea Subdivision excluding one square acre at the southwest corner. In 1981 a 20,000 -foot lot was sold to Mr. Forest, excluding a 750 -foot well site. Mr. Forest made a drive across the property for the convenience of the residents. This 1981 deed uses the term commercial reserve and places this lot under the deed restrictions. This has gone through the City Legal Department and several legal cases. The developer changed the property to residential zoning under the deed restriction. If the property is changed back to commercial zoning, is the process going to have to start over again or will the previous decisions regarding the property be upheld. Bill Baldy, 3714 Wingtail Way, addressed Council and stated he is asking Council to keep his subdivision residential. The development already has issues with flooding and paving; this property will only worsen the issue. He feels Council should table this item until they receive the Cowart Creek water study. Patricia Pratka, 3950 Wingtail Way, addressed Council and stated she has secured 151 signatures on a petition that are against the proposed zone change. Several zone changes have been proposed over the years to make this property commercial and thankfully the City has kept the zoning residential. This lot is a residential lot and should be kept that way to maintain the current quality of life in the development. Vanessa Abbey, 4009 Wingtail Way, addressed Council and stated she feels very strongly about keeping the West Lea Subdivision residential. She is concerned about issues with traffic and crime. The growth of Pearland has many benefits to the citizens but the businesses need be kept out of the neighborhoods. Viseeta Brown, 4033 Manvel Road, addressed Council and stated she lives across the street from the property being considered. She is concerned that when the zone change was posted, the residents were not given notice of any kind. She has resided in the West Lea Subdivision and her child catches the bus at the location of the property. She is concerned for the safety of the children in the neighborhood and would like to see the zone change denied. Page 6 of 2012/11/2006 — 7:00 p.m. City Attorney Darrin Coker stated that because of the number of protesters to the zone change, it will take a three-quarter vote from Council to approve the item. Mayor Pro -Tem Tetens stated he feels strongly about business encroaching on residential areas. He will not support this zone change. Councilmember Cole stated the notification was sent to Viseeta Brown, but did go to an old address received from the Appraisal District. Councilmember Saboe stated he would like everyone to respect that the Planning and Zoning Commission is following the letter of the law as directed by Council. Voting "No" None. Voting "Aye" Councilmembers Saboe, Tetens, Kyle, and Cole. Motion Failed 4 to 0, with Councilmember Beckman absent. Mayor Reid called a recess at 8:39 p.m. Mayor Reid called the meeting back to order at 8:42 p.m. COUNCIL ACTION — REMOVE FROM TABLE RESOLUTION NO. R2006-195. City Council. COUNCIL ACTION — RESOLUTION NO. R2006-195 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A PARADE ROUTE FOR THE YMCA's TRIATHLON. Mr. J.C. Doyle, Police Chief. Councilmember Kyle made the motion, seconded by Councilmember Cole, to remove Resolution No. R2006-195 from the table. After discussion, Resolution R2006-195 was tabled. City Manager Bill Eisen stated this item is carried over from a prior meeting where Council tabled it. It is a request for a parade permit is not on a designated parade route and requires Council consideration. Police Chief J.C. Doyle stated this is not a designated parade route and he is not in favor of a parade route that crosses FM 518 twice. Erica Lara, YMCA Assistant Director, stated the event would just be a crossing of FM 518 at the intersection of FM 518 and Pearland Parkway. She is aware that there is a concern regarding the amount of time. The event has been limited to 300 participants and will be on a Saturday morning from 7:00 a.m. to 8:30 a.m. Traffic would not need to be stopped for the entire length of time. The YMCA is also willing to consider changing the day to Sunday if it would be more convenient. Page 7 of 2012/11/2006 — 7:00 p.m. Mayor Reid stated this route does pose a problem crossing a major road twice. Discussion ensued between Council and Erica Lara regarding the Resolution. Councilmember Kyle made the motion, seconded by Councilmember Saboe, to table Resolution R2006-195. Voting "Aye" Councilmembers Saboe, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. FIRST READING OF ORDINANCE NO. 2000M-25 — 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 37.39 ACRES TOTAL; 7.814 ACRES OF LAND LOCATED IN THE OBEDIAH PITTS SURVEY, ABSTRACT 717, THE T.C.R.R. COMPANY SURVEY, SECTION 4, ABSTRACT 675 AND THE DUPUY & ROBERTS SURVEY, ABSTRACT 726, BEING THE RESIDUE OF LOT 2 AND THE EAST 1/2 OF LOT 1, BLOCK 10, OF THE ALLISON-RICHEY GULF COAST HOME COMPANY'S PART OF SUBURBAN GARDENS, A SUBDIVISION OF RECORD IN VOLUME 2, PAGE 99, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS; AND 29.583 ACRES OF LAND LOCATED IN THE T.C.R.R. COMPANY SURVEY, SECTION 4, ABSTRACT 675, AND THE DUPUY AND ROBERTS SURVEY, ABSTRACT 726, AND BEING A PORTION OF LOT 3, LOT 4, AND LOT 5, BLOCK 10, OF THE ALLISON-RICHEY GULF COAST HOME COMPANY'S PART OF SUBURBAN GARDENS, A SUBDIVISION OF RECORD IN VOLUME 2, PAGE 99, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED AT THE NORTHWEST CORNER OF STATE HIGHWAY 288 AND SHADOW CREEK PARKWAY), (ZONE CHANGE APPLICATION NO. 2006-37Z), FROM BUSINESS PARK DISTRICT — 288 (BP -288) TO PLANNED DEVELOPMENT DISTRICT (PD), AT THE REQUEST OF GULF COAST COMMERCIAL AND PATRICK EGAN, APPLICANT FOR STROUHAL TIRE, DONNIE STROUHAL, NANCY S. MACHA, AND GENE STROUHAL, 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 Cole made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 2000M-25 on its first reading, as amended. Page 8 of 20 12/11/2006 — 7:00 p.m. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 2006-37Z. City Manager Bill Eisen stated this property is located in the northwest corner of Shadow Creek Parkway at SH 288. It was previously Strouhal Tire Store and is currently zoned Business Park District — 288. The request is to change the zoning to Planned Development District. City Attorney Darrin Coker stated the current Ordinance does not include the Planning and Zoning recommendations and will need to be amended to include the required changed. Councilmember Cole made the motion, seconded by Councilmember Kyle, to amend Ordinance No. 2000M-25 to include the Planning and Zoning Commission conditions for approval. Voting "Aye" Councilmembers Cole, Kyle, Tetens, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Cole, Kyle, Tetens, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. FIRST READING OF ORDINANCE NO. 2000M-26 — 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 127.6954 ACRES TOTAL, DESCRIBED AS: 88.6991 ACRES, OUT OF LOTS 6, 7, AND 8; 9.00 ACRES OUT OF LOT 3; 5.00 ACRES OUT OF LOT 4; 5.00 ACRES OUT OF LOT 3; 5.00 ACRES OUT OF LOT 3; 5.00 ACRES OUT OF LOT 4; ALL OF THE JAMES HAMILTON SURVEY; 9.9963 ACRES SITUATED IN THE DAVID WHITE (ASSIGNEE OF JAMES HAMILTON) SURVEY, ABSTRACT 881, HARRIS COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 15 ACRE TRACT OF LAND RECORDED IN VOLUME 2309, PAGE 695, OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS, CITY OF PEARLAND, HARRIS COUNTY, TEXAS (GENERALLY LOCATED AT THE SOUTHWEST CORNER OF STATE HIGHWAY 288 AND BELTWAY 8), (ZONE CHANGE APPLICATION NO. 2006-39Z), FROM Page 9 of 20 12/11/2006 — 7:00 p.m. PLANNED DEVELOPMENT DISTRICT (PD) TO PLANNED DEVELOPMENT DISTRICT (PD), AN AMENDMENT TO THE EXISTING PLANNED DEVELOPMENT DISTRICT (PD), AT THE REQUEST OF KERRY R. GILBERT AND ASSOCIATES, INC., APPLICANT FOR PEARLAND LIFESTYLE CENTER, LP, 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 Saboe made the motion, seconded by Mayor Pro -Tem Tetens, to approve Ordinance No. 2000M-26 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. 2006-39Z. Councilmember Cole asked if Staff is comfortable that the residential uses will only occur where the applicant has defined it on page six of the application. Assistant City Manager Nick Finan stated Staff is satisfied with the applicant's intent to follow the current plan. Brief discussion ensued between Council and Assistant City Manager Nick Finan regarding the Ordinance. Councilmember Saboe stated the public parks maintenance issue did not work out how he hoped it would. He asked how does the City rationalize the expense of maintaining the park or is the City required to do that with this Planned Unit Development. Assistant City Manager Nick, Finan stated the City is required to maintain all public parks, but it is his understanding that the public park will be maintained by the Management District through an agreement with the City. The Management District has not voted on this item yet and the Planned Unit Development is only requiring them to work with the City to reach a maintenance agreement. Councilmember Saboe stated it isn't clear in the plan who will be responsible. Discussion ensued between Council, City Manager Bill Eisen, and Assistant City Manager Nick Finan. Councilmember Saboe stated he would I amended to state the Management District the park. e more comfortable if the Ordinance was is solely responsible for the maintenance of Kerry R. Gilbert, Kerry R. Gilbert and Associates, stated the Planned Unit Development can be changed to include the word "solely" regarding the maintenance of the park. Page 10 of 2012/11/2006 — 7:00 p.m. Councilmember Saboe stated, in reference to Charlie Vatterott, what is good for the big guy should be good for the little guy. If the City is accommodating the larger companies by keeping the agreement loose, it needs to do the same for the smaller companies. Voting "Aye" Councilmembers Cole, Kyle, Tetens, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. FIRST READING OF ORDINANCE NO. 943-13 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING FIGURE 7.2, THOROUGHFARE PLAN, OF THE CITY'S COMPREHENSIVE PLAN AS A GUIDE FOR PRESERVING A SENSE OF COMMUNITY, ATTRACTIVENESS AND SAFETY IN PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR CODIFICATION. Mr. Nick Finan, Assistant City Manager. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 943-13 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Ordinance No. 943-13. City Manager Bill Eisen stated the City has held Public Hearings and Workshops on this item and it pertains to several changes in the Master Plan relating to thoroughfares in the City. Councilmember Cole stated he would like to see the section pertaining to Old Alvin Road and John Lizer for further review. Assistant City Manager Nick Finan stated several issues were brought up by the School District and this is why the City had planned to close the intersection at Old Alvin Road and John Lizer. Discussion ensued between Council, City Manager Bill Eisen, and Assistant City Manager Nick Finan regarding the Ordinance. Assistant City Manager Nick Finan stated it would be possible to approve the Ordinance and then initiate discussion with the School District. If the Ordinance does not fit the needs of both entities, then it can be changed at a later date. Page 11 of 20 12/11/2006 — 7:00 p.m. Voting "Aye" Councilmembers Saboe, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION — RESOLUTION NO. R2006 -209A — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REGARDING THE EXPANSION OF THE BLUE RIDGE LANDFILL. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2006 -209A as amended. City Manager Bill Eisen stated this item pertains to the expansion of a landfill in the Shadow Creek Ranch area. Several alternative Resolutions have been presented to Council for review. Anyone wishing to submit comments regarding the expansion of the landfill must do so to the Texas Commission on Environmental Qquality (TCEQ) by 5:00 p.m., December 18. Richard Morrison, 19901 Southwest Freeway, addressed Council and stated he is the attorney for the Coalition Against Blue Ridge Landfill Expansion (CABRLE). He has provided comments to the TCEQ. BFI is asking the TCEQ for a permit expansion of their landfill located in Fort Bend County near FM 521. This expansion allows the ground covered in garbage to go from 302 acres to 784 acres and the height goes from 58 -feet to 170 -feet above the ground. The life of the site will change from being closed in the next 13 years to being closed after 40 years. The issue for the City of Pearland is that the City is well known for its parks and recreation and this landfill site is located near several areas designated for parks and recreation uses. The other issue is that with the height of 170 -feet, no trees will be able to screen the landfill from residents living near the site. This height will make the landfill visible from every house in Shadow Creek Ranch. This site will have 3000 trucks each day bringing garbage to it. These trucks will be forced to drive through the City of Pearland to get the landfill. The traffic analysis from BFI is flawed because it does not take into consideration that Missouri City does not allow the garbage trucks to use the roads in their City. The citizens will be helped most in preventing this expansion if the City of Pearland stands up and expresses their adversity to the expansion plan. Andrea Broughton, 12101 Amber Creek Drive, addressed Council and stated she lives in Shadow Creek Ranch and she would love for Council to support Resolution A. Joseph E. DeLeon, 2203 Amber Creek Court, addressed Council and stated he is new to Pearland and chose the City to start his family. This landfill will not just effect Shadow Creek Ranch but the entire City. The Statue of Liberty from her feet to the top Page 12 of 20 12/11/2006 — 7:00 p.m. is only 151 -feet tall and the landfill will be 170 -feet tall. The largest landfill in America is located off Staten Island in New York and Js 200 -feet tall. This landfill would be 34 times the size of Reliant Park. This is not in the City of Pearland's jurisdiction but it will effect the City. The increased traffic will also cause safety issues and damage roads. He hopes that the City of Pearland will help in this matter and he supports Resolution A. Opie Baath, 11320 Enclave Lake Lane, addressed Council and stated he has lived in Shadow Creek Ranch for two years. He knew about the landfill but was not concerned because of its size but now that has changed. He is opposed to the landfill expansion and supports Resolution A. Anita Prinz, 2116 Breezeway Lane, addressed Council and stated she is a resident of Shadow Creek Ranch and live about a mile and a half from the landfill site and close to the site for the Shadow Creek Ranch Sports Center. There are occasions now that she is able to smell the landfill. This is only going to get worse and she cannot imagine playing in the park when she can smell the landfill. There have also been studies done that women living near landfills have low birth weight babies. She feels Council should stick to the Keep Pearland Beautiful slogan and support Resolution A. Julia Maher, 11414 Gladewater Drive, addressed Council and stated the group speaking at the Council Meeting represents many more Citizens who support their views on the landfill expansion. In 2003 she moved to Pearland she loves Pearland and would like to keep Pearland beautiful. This landfill permit will allow for class one non- hazardous waste, which is different from the typical household trash. She asks that Council represent their Citizens opinion publicly. Elliott Broughton, 12101 Amber Creek Drive, addressed Council and stated he is a resident of Shadow Creek Ranch. This is the first City Council Meeting he has attended and he is very impressed. The process and thoroughness the City takes is greatly appreciated. He wrote a letter to City Council regarding what he wanted to discuss with City Council, but he feels his points have already been expressed. He feels this landfill expansion will have a negative effect on the Citizens of Pearland and the City itself. Pearland has a reputation for being a clean, well organized, and family oriented City and this expansion will threaten the reputation of the entire City. Brian Batenchuk, 2714 White Falls Drive, addressed Council and stated his home is near the border of Fort Bend and Brazoria County. He purchased his property six months ago and did not realize the tree line on his property was actually the landfill. He has since done research to find out what the issues with this type of landfill would be. Nothing can be done about the existing landfill but the expansion can be stopped. The existing landfill already has a leakage problem, which will only increase with the expansion. Increasing the size of this landfill not only has a risk of biological hazards but traffic and road issues. He would like to see Council support their cause and allow him to continue the quality of life he has had in the City of Pearland. Page 13 of 20 12/11/2006 — 7:00 p.m. Glinda Frazier, 11412 Gladewater Drive, addressed Council and stated it took a year and a half of searching for a retirement home location before selecting Pearland. In her opinion, with the current plans, Pearland will surpass areas like Sugarland or the Woodlands. The expansion of the landfill will hinder this growth and progression of the City. Steve Powell, 12106 Auburn Shorts Court, addressed Council and stated most of the other speakers have voiced his opinion. He is concerned about the health issues and the smell of the landfill affecting his family. He would like to see Council support Resolution A. Councilmember Cole thanked everyone that came to the meeting and spoke on the item. He appreciates the Citizens coming out and he does support Resolution A. Council is elected to represent the voice of the Citizens. He also feels that FM 521 should be designated as a no -through truck route. Discussion ensued between Council, Mayor Reid, City Manager Bill Eisen, and Richard Morrison regarding the Resolution. Councilmember Kyle stated she has represented Allied Waste in a previous legal matter and will need to abstain from voting to avoid a conflict of interests. Councilmember Cole made the motion, seconded by Mayor Pro -Tem Tetens, to amend Resolution to state Council will support option A, take the position of an Affected Party, and submit comments regarding traffic impact and water supply issues to TCEQ. Voting "Aye" Councilmembers Saboe, Tetens, and Cole. Voting "Abstain" Councilmember Kyle. Voting "No" None. Motion Passed, 3 to 0 with Councilmember Beckman absent and one abstention. Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Saboe, Tetens, and Cole. Voting "Abstain" Councilmember Kyle. Voting "No" None. Motion Passed, 3 to 0 with Councilmember Beckman absent and one abstention. Page 14 of 2012/11/2006 — 7:00 p.m. COUNCIL ACTION — RESOLUTION NO. R2006-208 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PEARLAND, THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION AND PEARLAND LIFESTYLE CENTER, LLC. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-208. City Manager Bill Eisen stated this item is an amendment to the existing agreement pertaining to the Promenade Shops and has been discussed by Council in the past. Voting "Aye" Councilmembers Cole, Kyle, Tetens, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION — RESOLUTION NO. R2006-1028 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE CITY'S ANNEXATION PLAN IN ACCORDANCE WITH LOCAL GOVERNMENT CODE, SECTION 43.052. Mr. Darrin Coker, City Attorney. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2006-1028. City Manager Bill Eisen stated this item relates to the Municipal Utility District No. 3 Annexation Plan. City Attorney Darrin Coker stated this item is consistent with previous discussions regarding the Annexation Plan. The City Council has directed Staff to continue to work with the Municipal Utility District to develop a Strategic Partnership Agreement. Voting "Aye" Councilmembers Saboe, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. FIRST READING OF ORDINANCE NO. 1316 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, GRANTING A VARIANCE REQUEST FOR THE ISSUANCE OF BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR A PROPOSED MIXED USE DEVELOPMENT. Mr. Bill Eisen, City Manager. Page 15 of 2012/11/2006 — 7:00 p.m. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 1316 on its first reading, as amended. City Manager Bill Eisen stated this item is similar to previous action Council has taken that allows for the construction to begin on individual projects within the City construction project. Typically it is required that all infrastructures be in place prior to awarding a building permit. This item breaks building permits into two phases. This would be the first time the City would remove the requirement that landscaping, sidewalks, and other minor items be fully completed before the application of a Certificate of Occupancy is submitted. Councilmember Saboe asked if granting this variance places undo stress on the inspection department. City Manager Bill Eisen stated he believes the City is capable of granting the variance without causing any issues. Councilmember Kyle stated she understands that CBL & Associates Management, Inc. has not yet acquired the property and does not feel a variance should be granted before they have done so. She is concerned with the City removing the requirement that landscaping, sidewalk and other minor items be completed before the application of the Certificate of Occupancy because of the past developers not following the requirements for these items. The Certificate of Occupancy is the only incentive that the developer has to meet requirements because they will not get the certificate until they have. Mayor Pro -Tem Tetens stated he agrees with Councilmember Kyle because in the past there have been problems enforcing the requirements. He feels if the City is going to continue to grant variances, then they should do away with the Ordinance. Discussion ensued between Council, City Manager Bill Eisen, Assistant City Manager Nick Finan, and Jeff Brewer, CBL & Associates Management, Inc. regarding the Ordinance. Councilmember Saboe made the motion, seconded by Councilmember Kyle, to amend Ordinance No. 1316, Section A to remove Section 3A and amend Section 3B, second sentence to state "water improvements to be completed and accepted by the City." Voting "Aye" Councilmembers Saboe, Tetens, and Cole. Voting "No" Councilmember Kyle. Motion Passed 3 to 1, with Councilmember Beckman absent. Mayor Reid called for the vote on the original motion as amended. Page 16 of 2012/11/2006 — 7:00 p.m. Voting "Aye" Councilmembers Saboe and Cole. Voting "No" Councilmembers Kyle and Tetens. In order to break the tie vote, Mayor Reid cast his vote. Voting "Aye" Mayor Reid. Motion Passed 3 to 2, with Councilmember Beckman absent. COUNCIL ACTION — RESOLUTION NO. R2006-206 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A CHARTER FOR THE CITY'S AUDIT COMMITTEE OF THE CITY OF PEARLAND EMPLOYEE HANDBOOK. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-206, as amended. City Manager Bill Eisen stated a City Council Audit Committee has recently been created to meet with Auditors to evaluate the current status of audits and responses to the audits. This item is to formally add the composition setting forth general standards to the Employee Handbook Councilmember Kyle stated she suggests pertaining to Responsibilities and Duties, in the last sentence of the first section where it is stated "approval of the entire City Council", be amended to state "the approval of the majority vote of the entire City Council" or something to that effect. She would also like to see the language under Composition clarified pertaining the "Financial Experience", or the sentence removed. Councilmember Saboe stated the sentence was intended to assure the committee was competent and he would rather not remove the sentence. Discussion ensued between City Council and Mayor Reid regarding the Resolution. Councilmember Kyle stated in the Purpose Section, legal review needs to be added. Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Tetens, to amend Resolution No. R2006-206 to reflect the following changes: In the Purpose Section, the last sentence will read "The committee shall maintain and foster an avenue of communications among the committee and the auditor's, management, Legal, and the City's internal audit function"; In the Composition Section, remove the sentence "At least one member of the audit committee should have financial experience"; in the Responsibilities and Duties Section, the last sentence of paragraph one will read "without full review, discussion, and approval of the City Council." Page 17 of 2012/11/2006 — 7:00 p.m. Voting "Aye" Councilmembers Saboe, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Saboe, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. FIRST AND ONLY READING OF ORDINANCE NO. 1311 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, GRANTING A VARIANCE REQUEST FOR THE ISSUANCE OF A BUILDING PERMIT PRIOR TO THE COMPLETION OF THE PUBLIC INFRASTRUCTURE. Mr. Nick Finan, Assistant City Manager. Councilmember Cole made the motion, seconded by Mayor Pro -Tem Tetens, to approve Ordinance No. 1311 on its first and only reading. Assistant City Manager Nick Finan stated this item is a request from Wayne Ausmus, Riverway Commercial Development, for issuance of a building permit prior to infrastructure being in place. Karen Ritchey, 2553 Miller Ranch Road, addressed Council and stated she owns property in this area and is effected by this variance. The developer has begun constructing the road twice and has not completed it. She feels the Ordinance states the building permit will not be issued without the infrastructure being in place and she feels the City should abide by the Ordinance. Wayne Ausmus, Riverway Commercial Development, stated he has asked for a variance to receive a building permit. The project is located on FM 518 and is 1400- squarefeet. They chose to place one entry in the center as opposed to having two entries. He has plans in action to construct the road but will not sign the contract until the money for the project is placed in Escrow. There is no issue with fire safety and his company has been in the City for a long time and has always abided by the City's policies. Brief discussion ensued between Council, Mayor Reid, and Assistant City Manager Nick Finan, and Wayne Ausmus, Riverway Commercial Development. Page 18 of 2012/11/2006 — 7:00 p.m. Voting "Aye" None. Voting "No" Councilmembers Cole, Kyle, Tetens, and Saboe. Motion Failed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION — RESOLUTION NO. R2006-203 — A RESOLUTION APPROVING THE ARTICLES OF INCORPORATION AND BYLAWS OF CITIES AGGREGATION POWER PROJECT, INC., A POLITICAL SUBDIVISION CORPORATION; ACCEPTING MEMBERSHIP IN SAID CORPORATION; APPOINTING A REPRESENTATIVE TO SERVE ON BEHALF OF THE CITY OF PEARLAND; APPROVING PAYMENT OF AN INITIAL MEMBERSHIP FEE. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2006-203. City Manager Bill Eisen stated this item pertains to membership into the Cities Aggregation Project, Inc. The City has two options: to acquire a to -be -constructed coal power generating plant or to work with other cities to buy power in volume to receive a more favorable price. The item is to approve the participation in Cities Aggregation Power Plant, Inc. Voting "Aye" Councilmembers Saboe, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION — RESOLUTION NO. R2006-207 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REQUESTING EXPANSION OF THE CITY'S INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY TO INCLUDE OVERLAY WORK IN THE WAGON WHEEL SUBDIVISION. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Cole, to approve Resolution No. R2006-207. City Manager Bill Eisen stated the City has been working on a water and sewer project in Wagon Wheel Subdivision. One of the provisions in the construction project was that when the project was completed, a chip seal would be done. Brazoria County will provide the material and manpower to do a complete overlay on the street. Due to this Staff would like to re -allocate the funds to reconstruct all of Wagons Wheel's roads. Page 19 of 2012/11/2006 — 7:00 p.m. Voting "Aye" Councilmembers Cole, Kyle, Tetens, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. ADJOURNMENT Meeting was adjourned at 11:51 p.m. Minutes approved as submitted and/or corrected this the 8th day of January, A.D., 2007. ATTEST: lr),lung Lir, !'-FllkLA/R�I iity Se- Tom Reid Mayor Page 20 of 2012/11/2006 — 7:00 p.m.