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2007-03-12 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MARCH 12, 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 7:37 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Richard Tetens Councilmember Kevin Cole Councilmember Helen Beckman Councilmember Felicia Kyle Councilmember Steve Saboe Assistant City Manager Mike Hodge Deputy City Attorney Nghiem Doan City Secretary Young Lorfing Others in attendance: Danny Cameron Public Works Director; J.C. Doyle Police Chief; Trent Epperson Project Director; Mike Hodge Assistant City Manager; Claire Manthei Finance Director; Jeff Sundseth EMS Operations Director; Fred Welch Executive Director of Economic Development Corporation; Andrea Brinkley Projects Manager. The invocation was given by Councilmember Beckman and the Pledge of Allegiance was led by J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported February 27 — 28, he attended the Pearland Day in Austin; February 28 — March 2, attended the Texas Association of Regional Council Board of Directors Meeting; March 13, presented a special plaque to the Miller Family at Opening Day of Little League and attended Troop 464 Pancake Supper; March 4, cut the ribbon at the Ribbon Cutting for Parkside Homes; March 5, attended the Agenda Meeting, Council Workshop, and Special Meeting; March 6, spoke at the Bay Area Contractor Association Monthly Meeting; March 7, attended the Wrap-up Meeting for Pearland Day in Austin and the Alvin Community College Work Force Awards Meeting; March 8, attended the Planning Department Information Forum, the Ribbon Cutting for Kids are Kids, spoke at the Golfcrest County Club Golf Course Ground Breaking, and presented a Proclamation for the 25th Anniversary of Sam Jamison Middle School; March 9, attended the Chamber Before Breakfast and spoke at the PACE School VIP's Annual Presentation to Students. COUNCIL ACTIVITY REPORTS Councilmember Saboe reported he attended the 25th Anniversary of Sam Jamison Middle School and enjoyed hearing all the history of the school and those involved with the school. He joined City Manager Bill Eisen, Police Chief J.C. Doyle and others in a meeting with the Police Officers Association on issues regarding the City's growth. Page 1 of 10 — 3/12/2007 Councilmember Beckman reported she attended the 25th Anniversary for Sam Jamison Middle School, Pearland Day where she enjoyed the Parks and Wildlife portion. There is a bill in both the House and the Senate that would allow Parks and Recreation to receive the tax money from Sporting Goods Stores with no limit. The problem is that not all of this money is allocated to Parks and Recreation. She also attended the Chamber Business Before Breakfast where the speaker was a representative of the Gulf Coast Regional Blood Center. They will be opening a facility in Pearland within the next month and she encourages everyone that is able to donate blood. Mayor Pro -Tem Tetens reported he attended the Pearland Day in Austin and thanked former Councilmember Owens and Councilmember Cole for their part in the event. Councilmember Kyle. thanked former Councilmember Owens, Councilmember Cole, and the Pearland Area Chamber of Commerce. The logistics of the entire event would have been a nightmare if not for the President of the Pearland Area Chamber of Commerce Carol Artz. Councilmember Cole reported he would like to echo the sentiments of the other Councilmembers about Pearland Day in Austin. He thanked the Pearland Area Chamber of Commerce and stated they did an incredible job planning and coordinating the event. CITY MANAGER'S REPORT Assistant City Manager Mike Hodge reported the Yost Road Grand Opening will take place March 21, 2007 at 4:00 p.m. Mayor Reid and Staff have contacted Harric County Commissioner EI Franco Lee office regarding the Cullen project and look forward to communicating the project's status to him. CITIZENS John Domino, 2101 Willow Boulevard, addressed Council and stated he has lived in Pearland for twenty-seven years and has an issue with the trash pick-up. He feels there is inappropriate behavior from representatives of Keep Pearland Beautiful and the Eyes of Pearland. They go through the City and watch for residents that put their trash out at inappropriate times. His primary issue is the inconsistency of enforcement. He has hired yard workers that put out trash, not knowing the Ordinance rules. He received a card from the Eyes of Pearland stating he had put his trash out at an inappropriate time. He has put his trash out on the right day and has had half of his trash left by the people doing the pick-up service. He has seen other residents that have put their trash out and have not been given warnings from the Eyes of Pearland. He understands that the City of Pearland needs to be kept nice but he feels if he is going to be cited for his trash then everyone needs to be cited for the same issue. Page 2 of 10 — 3/12/2007 Nancy Kozanecki, 3705 Pine Branch Drive, addressed Council and stated she is representing the Pine Hollow Home Owners Association. Several months ago they had submitted a packet of complaints from residents in their subdivision about the drinking water. Since then the City has implemented a Flushing Program and the residents have been polled on the results. The input from residents has been more positive than negative. People who have never drunk the water in Pearland are now able to drink water from the faucet. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the February 19, 2007, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the February 26, 2007, Public Hearing held at 6:30 p.m. 3. Minutes of the February 26, 2007, Regular Meeting held at 7:30 p.m. 4. Minutes of the March 5, 2007, Special Meeting held at 6:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING ORDINANCE NO. 2000M-30 — 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, APPROXIMATELY, BEING LOT 2C OF THE SHARONDALE SUBDIVISION, ABSTRACT 546, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF HARKEY ROAD, AND APPROXIMATELY 200 FEET NORTH OF SHARONDALE STREET), (ZONE CHANGE APPLICATION NO. 2006-34Z), FROM SUBURBAN RESIDENTIAL — 15 DISTRICT (SR - 15) TO OFFICE AND PROFESSIONAL DISTRICT (OP), AT THE REQUEST OF JULIETA B. GUERRA, APPLICANT FOR EDWARD TAMEZ, 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 3 of 10 - 3/12/2007 C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1320 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, FINDING THAT THE CITY HAS ESTABLISHED GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT PURSUANT TO RESOLUTION NO. R2006-121; DESIGNATING AND DESCRIBING A REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT ZONE #16), IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT; FINDING THAT THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD BE A BENEFIT TO THE LAND TO BE INCLUDED IN THE ZONE AND THE MUNICIPALITY AFTER THE EXPIRATION OF THE TAX ABATEMENT AGREEMENT; AUTHORIZING THE CITY MANAGER TO SIGN TAX ABATEMENT AGREEMENTS WHEN APPROVED BY THE CITY COUNCIL; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-29 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN THE TEXAS ASSOCIATION OF SCHOOL BOARDS "BUY BOARD PROGRAM" FOR THE PURCHASE OF FLEET VEHICLES. Mr. Darrin Coker, City Attorney. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-37 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR SCADA INTEGRATION AND MAINTENANCE SERVICES. Mr. Bill Eisen, City Manager. MATTERS REMOVED FROM CONSENT AGENDA Mayor Reid removed Consent Item B, Ordinance No. 2000M-30. Council had previously taken action on this item. Councilmember Saboe made the motion, seconded by Councilmember Beckman, to adopt Consent Agenda Items A, C, D, and E as presented on the Consent Agenda. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. Page 4 of 10 — 3/12/2007 FIRST READING OF ORDINANCE NO. 2000M-31 — 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 5.00 ACRES OF LAND, MORE OR LESS, BEING THE EAST 5.00 ACRES OF LOT 56 OF THE ALLISON RICHEY GULF COAST COMPANY SUBURBAN GARDENS SUBDIVISION OF SECTION 80, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 564, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT AS RECORDED IN VOLUME 2, PAGE 98, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF COUNTY ROAD 59, AND ON THE WEST SIDE OF FUTURE KIRBY DRIVE), (ZONE CHANGE APPLICATION NO. 2007-02Z), FROM SINGLE FAMILY ESTATE DISTRICT (RE) TO NEIGHBORHOOD SERVICE DISTRICT (NS), AT THE REQUEST OF JULIO LYBRAND, APPLICANT FOR JAMES AND DEBORA BAILEY, 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 Beckman made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 2000M-31 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of 2007-02Z. Assistant City Manager Mike Hodge stated this item is a 5 -acre tract of land located north of County Road 59 and west of Kirby Drive. There were no comments at the Joint Public Hearing. The zone change was unanimously approved by the Planning and Zoning Commission and the zoning is consistent with the Land Use Plan. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 2000M-32 — 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 15.991 ACRES OF LAND, SITUATED IN THE H.T. & B.R.R. COMPANY SURVEY, SECTION 19, ABSTRACT 234, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF CULLEN BOULEVARD, AND APPROXIMATELY 800 FEET NORTH OF FM 518 Page 5 of 10 — 3/12/2007 (BROADWAY STREET)), (ZONE CHANGE APPLICATION NO. 2007-03Z), FROM CULLEN MIXED USE DISTRICT (C -MU) TO GENERAL BUSINESS RETAIL DISTRICT (GB), AT THE REQUEST OF THE CITY OF PEARLAND, 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 Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Cole, to approve Ordinance No. 2000M-32 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of 2007-03Z. Assistant City Manager Mike Hodge stated this item is a zoning request made by the City of Pearland. The request is due to the current zoning not allowing a building that is in excess of 20,000 square -feet. There was a Public Hearing held on this item and there was only one comment referring to the effect on traffic. Councilmember Saboe stated he does not feel the project on this parcel of land will have a negative effect on the traffic on Cullen Boulevard. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-41 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A PETITION FOR THE ADDITION OF CERTAIN LAND INTO BRAZORIA-FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 AND APPROVING THE ANNEXATION BY BRAZORIA-FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 OF APPROXIMATELY 463.631 ACRES OF LAND. Mr. Darrin Coker, City Attorney. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Resolution No. R2007-41. Assistant City Manager Mike Hodge stated this item authorizes Municipal Utility District No. 1 (MUD No. 1) to move forward with their petition for annexation and, because the City is a property owner, it is adjoining the City with MUD No. 1 in the petition. Councilmember Cole asked if the land referred to would be deeded to the City. Page 6 of 10 — 3/12/2007 Assistant City Manager Mike Hodge stated the City purchased part of the land and when the plat is submitted, the City will take ownership of the remaining portion. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-42 — 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 FOR CONSTRUCTION OF A BIKE & HIKE TRAIL. Mr. Darrin Coker, City Attorney. Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2007-42. Neil West, 2218 Country Club Drive, addressed Council and stated everyone in the City loves hike and bike trails and he feels putting in these trails is doing a favor for future generations. He urges Council and everyone to support Hike and Bike Trails in Pearland. Linda Cowles, 3412 Shadycrest Drive, addressed Council and stated she wants to reiterate that the City of Pearland has a Hike and Bike Trail fund and is looking forward to building more trails in the future. Mayor Reid stated he feels this is a good project. Councilmember Saboe stated, at the Council Retreat, one of the goals was to build on partnership with the development community. He feels Mike Pollack is a good partner with the City and is improving life for its Citizens. Councilmember Cole stated one of the things the Citizens asked for in the last survey was hike and bike trails. He wants to commend everyone involved in making this happen and hopes the trail continues throughout the City. Clear Creek Park Subdivision is also having a Home Owners Association Meeting to add hike and bike trails into their subdivision and this shows that everyone is stepping up to the plate. Councilmember Beckman thanked Mike Pollack for proposing to build this section of the Hike and Bike Trail and looks forward to the rest of the segments being done. Mike Pollack, Developer, stated this is just the beginning and he has reviewed every school, church and library within reach and feels there is an unlimited number of connections that can be made. He has been working with Staff to find future options in expanding the Hike and Bike Trail. Page 7 of 10 — 3/12/2007 Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-39 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONSENTING TO THE MERGER OF WALKER WATER WORKS, INC. INTO TEXAS AMERICAN WATER COMPANY. Mr. Darrin Coker, City Attorney. Councilmember Saboe made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2007-39. Assistant City Manager Mike Hodge stated Walker Water Works currently serves approximately seventy residents in the City of Pearland. The parent company, American Water Company, is currently merging all its Texas subsidiaries. The Texas Commission for Environmental Quality requires the City to consent to the merger. Mayor Reid asked if the merger of this company is something the City will eventually have to buy out and is there any way the City can require this company to install the appropriate fireplugs to be serviced by the City. Deputy City Attorney Nghiem Doan stated the City has reviewed what the cost would be to take over the system. This would require the City to replace much of the line and buying out the Water Company's right to serve the residents. The cost of this was pretty high and he is not sure what the cost would be to install the fire plugs or if the City could require the company to install the plugs. Discussion ensued between Council, Mayor Reid, and Deputy City Attorney Nghiem Doan regarding the Resolution. Councilmember Kyle made the motion, seconded by Councilmember Cole, to table Resolution No. R2007-39 until more information is received. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Tabled 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-38 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING A CONTRACT FOR ENGINEERING SERVICES ASSOCIATED WITH THE MAGNOLIA ROAD IMPROVEMENTS (SEGMENT #2). Mr. Trent Epperson, Projects Director. Page 8 of 10 — 3/12/2007 Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2007-38. Projects Director Trent Epperson stated this item is to add sidewalks to the design of the overpass over the railroads for the Magnolia Road Project. As Projects reviewed the project, it was realized there were no pedestrian facilities on the overpass for the Magnolia Road Project. The issue was reviewed and it was decided to add sidewalks to the overpass. This option would allow pedestrian access and be consistent with other bridges and overpasses recently built. Councilmember Beckman stated she is glad this error was discovered in time to fix the issue and she hopes the City does not ever do a bridge or overpass that does not have pedestrian access. Discussion ensued between Council, Projects Director Trent Epperson, and Kimberly Culp, Bridgefarmer and Associates, Inc. regarding the Resolution. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-40 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES ASSOCIATED WITH GREEN TEE LIFT STATION NO. 4. Mr. Darrin Coker, City Attorney. Councilmember Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2007-40. Assistant City Manager Mike Hodge stated this item is a engineering service contract with Carter & Burgess, Inc. The project is to upgrade Lift Station No. 4 in the Green Tee Subdivision. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 374-4 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 31, WRECKER SERVICE, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME AMENDED, TO AMEND SECTION 31-18, ENTITLED AUTHORIZATION BY PERSON(S) OTHER THAN THE OWNER TO PICK UP AND TOW VEHICLE, REPORT TO POLICE DEPARTMENT REQUIRED; HAVING Page 9 of 10 — 3/12/2007 A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Ordinance No. 374-4 on its first reading. Assistant City Manager Mike Hodge stated the current Ordinance does not require notification to the Police Department when an automobile is repossessed. This item requires notification to the Police Department when a vehicle is being repossessed to prevent a stolen vehicle investigation being performed. Assistant City Attorney Nghiem Doan stated this change requires notification be made to the Police Station immediately after the repossession has occurred. Councilmember Kyle asked what is the penalty for not reporting the repossession. Deputy City Attorney Nghiem Doan stated there will be a $500 fine for violating the Ordinance. Discussion ensued between Council, Mayor Reid, Assistant City Attorney Nghiem Doan, and Police Chief J.C. Doyle regarding the Ordinance. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. ADJOURNMENT Meeting was adjourned at 9:05 p.m. Minutes approved as submitted and/or corrected this the 26th day of March, A.D., 2007. T q/1i SecMary Tom Reid Mayor Page 10 of 10 — 3/12/2007