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2007-08-13 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 13, 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 8:12 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Steve Saboe Woody Owens Helen Beckman Felicia Kyle Kevin Cole Bill Eisen Darrin Coker Young Lorfing Others in attendance: Jon Branson Parks and Recreation Director; Danny Cameron Public Works Director; Jack Colbath Director of Fire Services; Roland Garcia Fire Marshal; Narciso Lira City Engineer; J.C. Doyle Police Chief; Trent Epperson Project Director; Nick Finan Assistant City Manager; Mary Hickling Director of Human Resources and Safety Management; Mike Hodge Assistant City Manager; Lata Krishnarao Planning Director; Claire Manthei Finance Director; Jeff Sundseth EMS Operations Director; Fred Welch Executive Director of Economic Development Corporation; June Ellis Budget Analyst; Jay Chapman Police Captain; Ron Fraser Police Captain; Meg McNulty Utility Billing Services Supervisor; Edward Grossenheider Parks and Building Maintenance Superintendent. The invocation was given by Councilmember Cole and the Pledge of Allegiance was led by Chief of Police J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported July 25, he visited the Bass Pro Job Fair Event, represented Pearland at the Bay Area Transportation Partnership Luncheon, attended the Economic Alliance Port Region Board of Directors Meeting, and a Workshop with City Council and the Brazoria County Commissioners Court; July 26, attended the Ribbon Cutting for the Blood Bank and the Grand Opening at Southern Suzuki; July 27, attended the Transportation Policy Council Board of Directors Meeting; July 28, welcomed the District Lions Club to Pearland; July 29, swore in the Exchange Club new Officer; July 30, attended the Pearland Economic Development Corporation Board Meeting; August 1, represented Pearland at the Dawson High School Ground Breaking; August 5, attended the Youth Production of Godspell; August 6, attended the Agenda Meeting, Council Workshop, and Special Meeting; August 7, attended the Economic Development Visit to Cities of Irvin and Frisco; August 8, attended the Adult Reading Center Board of Page 1 of 12 — 8/13/2007 Directors Meeting; August 11, joined Mayors from ten local cities in Mayor Conference and attended the High School Classical Dance Program; August 13, attended the Keep Pearland Beautiful photo op, met with City Manager Bill Eisen and Bob Roger with Poag and McEwen, and Chaired the Pearland Development Authority Board of Directors Meeting. Director of Business Development Greg Albritton, introduced Mark Emken and Kari Tanberg with Bass Pro Shop. Mark Emken, Bass Pro Shop, stated Bass Pro is looking forward to be an active part of the City Of Pearland. Their company is the foremost seller of outdoor equipment. Mayor Reid, Councilmember and President of KPB Beckman presented Keep Pearland Beautiful Boardmembers with a proclamation proclaiming Thursday, August 16, 2007 "Keep Pearland Beautiful 25th Anniversary" Executive Director of Keep Pearland Beautiful Linda Cowles stated Helen Beckman is the President and Delores Fenwick is the past Executive Director of Clean Pearland and thanked her for her time dedicated to Keep Pearland Beautiful. She wants everyone to come out to the Anniversary Celebration on Thursday. COUNCIL ACTIVITY REPORTS Please move the order as they sit Councilmembers Owens and Saboe passed on giving a report. Councilmember Beckman reported July 26, she attended the Ribbon Cutting for the Blood Center; July 31, attended the Ground Breaking for Villages of Town Lake and the Keep Brazoria County Beautiful Meeting in Angleton; August 7, attended the Las Calinas in Frisco information gathering trip with City Council, Pearland Economic Development Corporation and the Chamber of Commerce; August 10, attended the National Night Out with D.A.R.E. Officer Pam Anderson and the Chamber Breakfast; August 13, attended the Ground Breaking for the Tree Farm at SWEC. Councilmember Kyle stated she attended a field trip with Pearland Economic Development Corporation and the Chamber of Commerce to learn more about other City's Economic Development Programs. Councilmember Cole stated he and several other Councilmembers attended the National Night Out and it was very successful. Page 2 of 12 — 8/13/2007 CITY MANAGER'S REPORT City Manager Bill Eisen stated due to the hour he will pass on giving a report. CITIZENS Neil West, 2218 Country Club Drive, addressed Council and stated there is a drainage situation in section 2 and 7 of Green Tee Terrace. Several months ago Country Club Drive flooded more than normal for longer than normal. Several residents spoke to City Staff and the City did what they could to take care of the problem. Now with the heavy rains, Section 2 and 7 are having problems with water. He has reviewed the area several times to find where the drainage is and there are several problems that need to be addressed before the residents face flooding. He feels an outside study should be done to determine what needs to be done to fix the area and prevent the water problems. John McAlister, 2602 Antrim Street, addressed Council and stated he lives directly behind where Riverstone Ranch is developing the property. A manager told him and other residents that Riverstone Ranch was planning on moving the drainage and detention out of Green Tee Terrace and into the their development. Staff with the City has evaluated the area and something needs to be done. There is also going to be a jogging trail that links the two subdivisions and he feels it should be determined who will maintain this trail and where the cars will park. Margo Green, 2319 South Venice Drive, addressed Council and stated she is a member of the Steering Committee representing the Bella Vita Subdivision located on the east boundary of Pearland off Scarsdale Road. She is here to address the lack of landscaping on the new extension of Scarsdale Boulevard. The citizens of Bella Vita drive on Yost Road and see the beautiful landscaping and would like to see this landscaping extended to the Scarsdale area. Bill Burdick, 1606 S. Lago Vista Drive, addressed Council and stated he also represents the Bella Vita Steering Committee. The Steering Committee has been regularly updated on the progress of the road construction project and is pleased it is almost complete. He would like to see this project be as beautiful as Pearland Parkway. Carol Barber, 2329 Messina Drive, addressed Council and stated she is also representing the Bella Vita Steering Committee. She has provided Council with a packet that includes pictures of the barren area that is in need of landscaping. The Bella Vita residents feel Project Director Trent Epperson is capable of developing a resolution to the problem of making Scarsdale Boulevard as beautiful as Yost Road and Pearland Parkway. DOCKETED PUBLIC HEARING: None Page 3 of 12 — 8/13/2007 CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the January 15, 2007, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the July 23, 2007, Regular Meeting held at 7:30 p.m. 3. Minutes of the July 30, 2007, Special Meeting held at 6:30 p.m. 4. Minutes of the August 6, 2007, Special Meeting held at 6:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION — EXCUSE MAYOR PRO -TEM STEVE SABOE'S ABSENCE FROM THE JULY 23, 2007, REGULAR COUNCIL MEETING. City Council. C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-121 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT REPORT FOR THE QUARTER ENDING JUNE 2007. Mr. Bill Eisen, City Manager. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-120 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, PLACING ON THE AGENDAS OF SEPTEMBER 4, 2007 AND SEPTEMBER 10, 2007 CITY COUNCIL MEETINGS, CONSIDERATION OF THE PROPOSED FISCAL YEAR 2007-2008 BUDGET AND SETTING THE PUBLIC HEARINGS ON THE BUDGET. Mr. Bill Eisen, City Manager. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-119 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, PLACING ON THE AGENDAS OF SEPTEMBER 4, 2007 AND SEPTEMBER 10, 2007 CITY COUNCIL MEETINGS, CONSIDERATION OF THE PROPOSED FISCAL YEAR 2007-2008 TAX RATE AND SETTING THE PUBLIC HEARINGS ON THE TAX RATE. Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-123 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR PURCHASE OF AN EMERGENCY GENERATOR. Mr. Danny Cameron, Director of Public Works. Page 4 of 12 — 8/13/2007 Councilmember Owens made the motion, seconded by Councilmember Beckman, to adopt Consent Agenda Items A through F as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle and Cole. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA None NEW BUSINESS COUNCIL ACTION — RESOLUTION NO. R2007-122 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A CONTRACT FOR BANK DEPOSITORY SERVICES. Mr. Bill Eisen, City Manager. Councilmember Beckman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2007-122. City Manager Bill Eisen stated the City has completed the process of accepting bids for banking services with the option to renew for a one year time period. Staff was pleased to receive very competitive bids. The low bid received was from Wells Fargo, that is also the bank the City has worked with for the last five years. Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1326 — 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 #17), 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; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. Mr. Fred Welch, Executive Director of Economic Development. Page 5 of 12 — 8/13/2007 Mayor Pro -Tem Saboe made the motion, seconded by Councilmember Cole, to approve Ordinance No. 1326 on its first reading. City Manager Bill Eisen stated this item is a continuation of the item in the Public Hearing held earlier. This is the first step in the approval of the tax abatement. Executive Director of Economic Development Fred Welch stated the City is working with the company to move their facility from Houston to Pearland. This move will benefit the City by providing about 60 jobs and additional office space. Councilmember Saboe asked if there is anything out of the historical norm for this type of action by the City. Executive Director of Economic Development Fred Welch stated this situation falls right in line with normal procedures for this type of company move and is consistent with the City's policies. Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-127 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A TRAILS MASTER PLAN. Mr. Jon Branson, Director of Parks and Recreation. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Resolution No. R2007-127. City Manager Bill Eisen stated this item relates to the adoption of the Trails Master Plan. Director of Parks and Recreation Jon Branson stated the requested changes have been made to the Trails Master Plan and a draft plan has been provided to Council for review. Gary Mitchell, Kendig Keast, provided Council with an update on changes made to the Trails Master Plan. Discussion ensued between Council and Mr. Mitchell, Kendig Keast, regarding adopting a Trails Master Plan. Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle and Cole. Voting "No" None. Page 6 of 12 — 8/13/2007 Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-128 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN ENGINEERING CONTRACT FOR TRANSPORTATION MODELING SERVICES. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Mayor Pro -Tem Saboe, to approve Resolution No. R2007-128. City Manager Bill Eisen stated one of City Council's goals was to update the City's Comprehensive Plan. This would require that the City's Thoroughfare Plan be updated based on the current population of the City and projected future growth. This item would approve a contract with GC Engineering for this service with a total cost of $55,000. Councilmember Kyle stated she will abstain from the vote on this item. Voting "Aye" Councilmembers Owens, Beckman, Saboe, and Cole. Voting "No" None. Voting "Abstain" Councilmember Kyle Motion Passed 4 to 0, with 1 abstention. COUNCIL ACTION — REGARDING AMENDMENT FOR POAG AND MCKEWEN SIGNAGE PROMENADE PLANNED DEVELOPMENT (PD). Mr. Nick Finan, Assistant City Manager. Councilmember Owens made the motion, seconded by Councilmember Beckman, to approve an amendment for the Poag and McKewen Signage Promenade Planned Development. City Manager Bill Eisen stated this item Planned Development Ordinance associated with the Poag and McKewen Lifestyle Center indicates that one of the elements of the plan is that a Signage Master Plan be developed for any variations from the City's Sign Standards. The developer would like to proceed and install signage for the Bass Pro Shops development based on the current requirements in the Unified Development Code (UDC) as shown in the attached letter with the approval of Council. Page 7 of 12 — 8/13/2007 Councilmember Saboe stated he is a little concerned at the rate of progress of the development of the Signage Master Plan and would like to see the plan completed soon. Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-124 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE 2007 BOND PACKAGE PROJECT SCHEDULE. Mr. Trent Epperson, Project Director. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Saboe, to approve Resolution No. R2007 -124 - Kyle Stone, 2531 Griggs Court, addressed Council and stated he is with the Pearland Girls Softball Association. He stated there are currently about 450 girls in the Softball Association and the number is growing rapidly. He would like to see the timeline on the bond that passed for recreation improvements, moved up to help the girls in Pearland to play in Pearland and represent the City. Steve Boder, Little League President, addressed Council and stated his league has not been able to complete a season because there are not enough facilities to play in. He feels the people involved in these leagues were instrumental in getting the bonds passed and now they need the help of the City to get the facilities they need to play. Councilmember Owens asked if there has been any discussion between the leagues and the Parks Department. Director of Parks and Recreation Jon Branson stated he has had conversations with the Girls Softball League regarding the possibly of them utilizing Centennial Park in the future. This won't resolve the problems they are facing but it will help. Discussion ensued between Council, Assistant City Manager Mike Hodge, Parks and Recreation Director Jon Branson, Mr. Stone, and Mr. Boder regarding the Bond Package Project Schedule. Kelli Moody, 3708 Pine Bark Court, addressed Council and stated she also feels that the recreation facilities should be moved up on the schedule for the kids in Pearland. She appreciates the work by Staff to help solve the problems faced by the City sports leagues and hopes there can be a compromise on the schedule. Page 8 of 12 — 8/13/2007 Assistant City Manager Mike Hodge provided Council with an overview of the Project Schedule and the background of why the projects were scheduled they way the have been. Councilmember Beckman stated although all the projects in the schedule are important to many different people, she feels the project schedule is reasonable. Discussion ensued between Council, City Manager Bill Eisen, Assistant City Manager Mike Hodge, Parks and Recreation Director Jon Branson, Mr. Stone, and Mr. Boder regarding the need for Little League and Softball fields. Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-125 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, AUTHORIZING THE EXTENSION OF COMMERCIAL LEASE AGREEMENTS TO MEET SPACE NEEDS FOR THE PARKS AND RECREATION DEPARTMENT. Mr. Jon Branson, Director of Parks and Recreation. Mayor Pro -Tem Saboe made the motion, seconded by Councilmember Owens, to approve Resolution No. R2007-125. City Manager Bill Eisen stated there are currently two separate leases for the Sharp Building that houses Parks and Recreation, Public Affairs and Keep Pearland Beautiful. This item will allow the City to enter into a three-year lease in the Sharp Building. Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle and Cole. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 2000M-36 — 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 10.00 ACRES OF LAND, ABSTRACT 242, H.T. & B.R.R. COMPANY SURVEY, TRACT 1A5, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF OLD CHOCOLATE BAYOU ROAD, AND APPROXIMATELY 1,300 FEET SOUTH OF FM 518 (BROADWAY Page 9 of 12 — 8/13/2007 STREET)), (ZONE CHANGE APPLICATION NO. 2007-08Z), FROM GENERAL BUSINESS RETAIL DISTRICT (GB) AND SINGLE FAMILY RESIDENTIAL — 1 DISTRICT (R-1) TO GENERAL COMMERCIAL DISTRICT (GC), AT THE REQUEST OF DOMODAR BATTU, APPLICANT FOR KUBERA INVESTMENTS PARTNERSHIP, 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 Kyle made the motion, seconded by Mayor Pro -Tem Saboe, to approve Ordinance No. 2000M-36 on its first reading as amended. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 2007-08Z as a General Business Retail District (GB). Councilmember Cole asked, since the applicants are actually wanting General Commercial GC, will the applicant return to the City to get that zoning at a later time. Assistant City Manager Nick Finan stated, when the applicant was asked, they stated they would like to move forward with the GB zoning. Discussion ensued between Council and Assistant City Manager Nick Finan regarding the Ordinance. City Attorney Darrin Coker stated the recommendation of the Planning and Zoning Commission was for GB but the Ordinance Caption show GC. If Council wants to approve the recommendation of the Planning and Zoning Commission the Ordinance would need to be amended. Councilmember Kyle made the motion, seconded by Councilmember Saboe to amend Ordinance No. 2000M-36 to reflect recommendation of the Planning and Zoning Commission as General Business (GB) zoning. Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for a vote on the amended motion. Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens Page 10 of 12 — 8/13/2007 Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 10:03 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 — PERSONNEL MATTERS — REGARDING APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. City Council. 2. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH MUNICIPAL UTILITY DISTRICTS. Mr. Darrin Coker, City Attorney. 3. 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 11:45 p.m. COUNCIL ACTION — REGARDING APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. City Council. No action taken by Council. COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH MUNICIPAL UTILITY DISTRICTS. City Council. No action taken by Council. COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES. City Council. No action taken by Council. Page 11 of 12 — 8/13/2007 ADJOURNMENT Meeting was adjourned at 11:46 p.m. Minutes approved as submitted and/or corrected this the 27th day of August, A.D., 2007. ATTEST: A_/ WOO @ W FtySecretaryi Wng �� �I 7"Rx Tom Reid Mayor Page 12 of 12 — 8/13/2007