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2007-01-22 CITY COUNCIL REGULAR MEETING MINUTES MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 22,2007, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:30 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: Jon Branson Parks and Recreation Director; Danny Cameron Public Works 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 Beckman and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported January 1, he participated in a telephone conference with Texas Municipal League Staff; January 10, attended the Pearland Arts League Board of Directors Meeting, the Adult Reading Center Board of Directors Meeting, and the Bay Area Transportation Partnership Board of Directors Meeting; January 11, attended a meeting with Commissioner EI Franco Lee on Cullen Boulevard and the Chamber Ribbon Cutting for Vision Source; January 12, attended the Chamber Before Breakfast Meeting; January 13, attended the Winterfest and judged several events; January 15, attended the Agenda Meeting, Council Workshops, and a Zone Change Public Hearing; January 18, attended the Chamber Leadership Council Meeting, met with the Houston South Main Association on Medical Center Van Pooling, and met with Metro regarding a Metro Park and Ride; January 19, met with City Manager Bill Eisen and Staff members on Blue Ridge Landfill; January 22, attended the Houston Mayor Bill White's State of the City. Mayor Reid stated Renee McGuire, with Forgotten Angels, will be given the Brazoria County Philanthropist of the Year Award on Monday, January 29,2007, at the Angleton Recreation Center. Page 1 of 9 - 1/22/2007 COUNCIL ACTIVITY REPORTS Council member Saboe congratulated Mike O'Day for successfully being elected as the new House District 29 Representative and Randy Weber for running the race successfully. He also congratulated Parks and Recreation Director Jon Branson, Staff, and volunteers on the success of Winterfest. The event had one of the best attendance records and was a lot of fun. He attended the TxDOT Feeder Road Public Hearing and feels the project will help. He also attended City of Houston Mayor Bill White's State of the City. Council member Beckman reported she attended City of Houston Mayor Bill White's State of the City. She attended Winterfest and judged the snowman contest. January 16, she attended a Keep Pearland Beautiful Board Meeting where a Resolution was adopted to support SH 288 as a scenic highway. She also attended the TxDOT Open House and feels it is great that Pearland is getting the frontage roads. Mayor Pro-Tem Tetens reported January 8, he attended the Steering Committee Meeting where they were to receive a report from the CORPS of Engineers, which was not presented. He also served on the Grand Jury in Angleton. Councilmember Kyle passed on giving a report. Councilmember Cole reported he attended and enjoyed Winterfest and is excited to see that the event continues to grow. The Police Officers Association is involved with a family that experienced a tragedy on Christmas Day. He was pleased to see the Police Officers Association get together to help support this family in their time of need. He attended the Brazoria County Alliance Quarterly Meeting in Angleton, Houston Mayor Bill White's State of the City Luncheon, and was a guest speaker at a 6th grade class at Sablatura Middle School. CITY MANAGER'S REPORT City Manager Bill Eisen reported several representatives with the City of Pearland have met with Allied Waste regarding the Blue Ridge Landfill. The company is aware that Council has passed a Resolution against the expansion and has asked for the opportunity to provide information regarding the project. The Pubic Meeting for SH 288 was held by TxDOT and had a pretty good turnout. CITIZENS Nancy Kozanecki, 3705 Pine Branch Drive, addressed Council and stated a City Resolution, concerning the policy of passing maintenance responsibilities to Home Owner's Associations, has been passed. The Home Owners Associations should not have this type of responsibility. She would also like to encourage Council to schedule a Page 2 of 9 - 1/22/2007 Workshop to discuss the policy on detention pond maintenance. Ms. Kozanecki provided Council with several issues the Pine Hollow Home Owner's Association has regarding detention ponds. Alma Nolen, 2106 North Galveston, addressed Council and stated she moved from her house in 2001. She has received a bill stating she owes a balance at her previous address. She has contacted the billing department and has provided proof that she did not have a balance from the previous address, and has not received any cooperation from the billing department and would like this issue resolved and the balance removed from her bill. Michael Klaus, 5016 Groveton, addressed Council and stated he is a member of the Corrigan Project Commission and would like to address a few things pertaining to the project. Concrete edging needs to be placed along the ditch on Fite Road to make sure no one drives off into the ditch. There are a few issues regarding the park in the area. An issue regarding water flow in the area was brought to the City's attention. The residents need to be informed of the rules of the parks that are being developed in the area. The wall is placed in front of the Corrigan development and he has noticed a potential problem. There needs to be a standard process for the existing residents to connect their fence to this new fence to prevent damage being done to the new fence. Charles McMurrey, 5209 Spring Branch Drive, addressed Council and stated there are four items he would like to address a policy change on regarding annexations in Pearland. First, he recommends the City cease annexations until the infrastructure of the City's utilities catches up with the growth. City Council needs to initiate a Homestead Tax Exemption and a Road Impact Fee. Finally, with the growth of the City, there needs to be Single Member Council Districts. Richard Keschinger, 2011 Sleepy Hollow Drive, addressed Council and stated when Yost Road was built, Sleepy Hollow was cut off as a dead end and there is nowhere to walk. He is asking that the City put some type of cement walkway in for the residents. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the January 8, 2007, Regular Meeting held at 7:30 p.m. 2. Minutes of the January 15, 2007, Special Meeting held at 6:00 p.m. Page 3 of 9 - 1/22/2007 B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 2000M-27 - 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 DESIGNATING THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION BEING ALL OF MUNICIPAL UTILITY DISTRICT 1 (MUD 1 ), GENERALLY INCLUDING TRANQUILITY LAKES SECTION 1, TRANQUILITY LAKES SECTION 2, TRANQUILITY LAKES SECTION 3, TRANQUILITY BAY APARTMENTS, SOUTHWYCK SECTION 1, SECTION 2, SECTION 3, SECTION 7 AND SECTION 8, AND STEPPING STONE 3 ADDITION (GENERALLY LOCATED ON THE SOUTH SIDE OF FM 518 (BROADWAY STREET), AND ON THE EAST AND WEST SIDES OF OLD CHOCOLATE BAYOU ROAD (COUNTY ROAD 89)), (ZONE CHANGE APPLICATION NO. 2006-38Z), AS CLASSIFICATION SINGLE FAMILY RESIDENTIAL - 2 DISTRICT (R-2), SINGLE FAMILY RESIDENTIAL - 3 DISTRICT (R-3), SINGLE FAMILY RESIDENTIAL - 4 DISTRICT (R-4), MULTI-FAMILY DISTRICT, (MF), AND NEIGHBORHOOD SERVICE DISTRICT (NS), 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. C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 1317 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, NAMING THE NEWLY CONSTRUCTED ROADWAY CONNECTING ALICE STREET TO MCHARD ROAD AS PROFAX DRIVE CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE. Mr. Trent Epperson, Project Director. D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 976-1 - AN ORDINANCE OF THE CITY COUNCIL OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 976 AS IT APPLIES TO THE CITY'S MUNICIPAL COURT OF RECORD; PROVIDING CONCURRENT JURISDICTION OF THE COURT WITH A DISTRICT COURTS AND COUNTY COURTS AT LAW FOR MATTERS INVOLVING THE ENFORCEMENT OF HEALTH AND SAFETY AND NUISANCE ABATEMENT ORDINANCES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; Page 4 of 9 - 1/22/2007 PROVIDING FOR CODIFICATION, PUBLICATION, AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. E. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-9 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE PURCHASE OF PERSONAL PROTECTION EQUIPMENT FOR THE EMS DEPARTMENT. Mr. Jeffrey Sundseth, EMS Operations Director. F. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-12 - 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 PORT NECHES FOR COOPERATION IN THE PURCHASE OF WATER METERS. Mr. Darrin Coker, City Attorney. Councilmember Saboe made the motion, seconded by Council member Beckman, to adopt Consent Agenda Items A through F as presented on the Consent Agenda. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to O. NEW BUSINESS COUNCIL ACTION - REMOVE FROM TABLE RESOLUTION NO. R2006-210. City Council. Councilmember Beckman made the motion, seconded by Councilmember Saboe, to remove Resolution No. R2006-210 from the table. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to O. COUNCIL ACTION - RESOLUTION NO. R2006-210 - 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 PEARLAND TOWN CENTER LIMITED PARTNERSHIP. Mr. Bill Eisen, City Manager. Page 5 of 9 - 1/22/2007 Council member Beckman made the motion, seconded by Council member Saboe, to approve Resolution No. R2006-210, as amended. City Manager Bill Eisen stated this item was on a previous agenda and a member of Council had several questions regarding the agreement. City Attorney Darrin Coker stated when this item was previously reviewed by Council, there were several issues and requested changes. He took the liberty of making most of the changes to the contract but needed clarification on a few items. Mr. Coker discussed with Council the different issues and options with the agreement. Discussion ensued between Council, City Manager Bill Eisen, City Attorney Darrin Coker, Jamila C. Johnson, Carter & Burgess, Inc., Lisa Helfman, Vinson & Elkins, and Jeff Brewer, CBL and Associates Properties, Inc. regarding the Resolution. Councilmember Beckman made the motion, seconded by Mayor Pro-Tern Tetens, to amend Resolution No. R2006-210 as discussed by City Council and Staff. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to O. Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to O. FIRST AND ONLY READING OF ORDINANCE NO. 1319 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A PORTION OF CERTAIN RIGHT-OF-WAY AND EASEMENTS RECORDED IN THE PLAT RECORDS OF, BRAZORIA COUNTY, TEXAS, WITHIN THE CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Mayor Pro-Tem Tetens made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 1319 on its first and only reading. Page 6 of 9 - 1/22/2007 City Manager Bill Eisen stated this item pertains to a right-ot-way abandonment that was the subject of the earlier Public Hearing. City Attorney Darrin Coker stated he needed to clarify that the right-of-way is actually south of FM 518 and he will be changing the description in the Ordinance. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to O. COUNCIL ACTION - RESOLUTION NO. R2007-8 - 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 LANDSCAPE DESIGN SERVICES ASSOCIATED WITH THE MAGNOLIA ROAD PROJECT. Mr. Trent Epperson, Project Director. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Resolution No. R2007-8. City Manager Bill Eisen stated this item is a proposed agreement with Knudson and Associates for landscaping and architectural services for the entire length of Magnolia Road. The proposed amount of the contract is $67,650. Councilmember Saboe stated the amount budgeted in the table summary is different than the project budget and asked if the funds were being separated for a reason. City Manager Bill Eisen stated the Amount Budgeted is the number for the complete project and the Expenditure Required is the amount for the specific piece of the project. Briet discussion ensued between Council, City Manager Bill Eisen, Finance Director Claire Manthei, and Project Director Trent Epperson. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to O. COUNCIL ACTION - RESOLUTION NO. R2007-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REAPPOINTING NIGEL HARRISON AS CHAIRMAN OF TAX INCREMENT REINVESTMENT ZONE NUMBER TWO FOR A 1-YEAR TERM TO EXPIRE DECEMBER 31,2007. Mr. Darrin Coker, City Attorney. Page 7 of 9 - 1/22/2007 Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2007-10. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to O. COUNCIL ACTION - RESOLUTION NO. R2007-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DESIGNATING MAYOR TOM REID AS CHAIRMAN OF THE DEVELOPMENT AUTHORITY OF PEARLAND FOR A 1- YEAR TERM TO EXPIRE DECEMBER 31, 2007. Mr. Darrin Coker, City Attorney. Councilmember Saboe made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2007-11. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to O. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:35 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.087 - CONSULTATION WITH CITY ATTORNEY - REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Mr. Bill Eisen, City Manager. NEW BUSINESS CONTINUED: Council returned from Executive Session at 10:01 p.m. COUNCIL ACTION - REGARDING ECONOMIC DEVELOPMENT INCENTIVES. City Council. No action taken by Council. Page 8 of 9 - 1/22/2007 ADJOURNMENT Meeting was adjourned at 10:02 p.m. Minutes approved as submitted and/or corrected this the 1ih day of February, A.D., 2007. c-J~ n~ Tom Reid Mayor ATTEST: Page 9 of 9 - 1/22/2007 THIS PAGE LEFT BLANK INTENTIONALL Y