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2007-11-12 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, NOVEMBER 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 8:08 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Steve Saboe Councilmember Woody Owens Councilmember Helen Beckman Councilmember Felicia Kyle Councilmember Kevin Cole City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Others in attendance: Jon Branson Parks and Recreation Director; Danny Cameron Public Works Director; Trent Epperson Project Director; Roland Garcia Fire Marshal; Mike Hodge Assistant City Manager; Lata Krishnarao Planning Director; Narciso Lira City Engineer; Claire Manthei Finance Director; Fred Welch Executive Director of Economic Development Corporation; Nghiem Doan Deputy City Attorney; Theresa Grahmann Senior Planner; Jay Chapman Police Captain. The invocation was given by Bishop Bradshaw and the Pledge of Allegiance was led by Police Captain Jay Chapman. MAYOR'S ACTIVITY REPORT Mayor Reid reported October 23, he attended the Gulf Coast Water Authority Board of Directors Meeting; October 24, met with Public Works Director Danny Cameron and Public Works employees; October 25, attended the Ribbon Cutting for the Spinal Aide Center, a special lunch with Dr. Cain and Pearland High School Students, the Board of Directors Retreat for the Adult Reading Center, and the Chamber After Hours Meeting at the Blood Bank; October 26, attended the Transportation Policy Council Board of Directors Meeting and the Brazoria Economic Alliance Annual Meeting; October 27, attended the Annual Meeting of the Pearland Historical Society; October 18, attended the Special Car Show Event at the Golfcrest Country Club; October 30, attended the Bay Area Transportation Annual State of the County, the Chamber Ribbon Cutting for the Huntington Learning Center, and joined Councilmen Cole and City Manager Bill Eisen to meet with citizens from Island Manor; November 1, attended the Ribbon Cutting for the Berkley Eye Center and the South East Shriner Club Meeting; November 2, joined Executive Director of Economic Development Fred Welch for a meeting with European Businessmen; November 3, attended the Meenakshi Temple Health Fair and Page 1 of 11 — 11/12/2007 Bazaar; November 5, attended a News Conference with Houston Mayor Bill White and East Harris County City Mayors on Air Quality, an Agenda Meeting, and the Council Special Meeting and Workshop; November 6 — 9, attended the Texas Municipal League Annual Meeting; November 10, attended the Open House at Silverlake Athletic Club; November 11, spoke at the VFW Veterans Day Event. Mayor Reid and Councilmember Beckman presented a proclamation to Geralyn Patterson proclaiming November 11-17, 2007 as "Association of Perioperative Nurse Week." Mayor Reid and Mayor Pro -Tem Saboe presented a proclamation to Avinash Gadkari proclaiming November 18, 2007 as "Pearland Indian Diwali Celebration 2007." Mayor Reid recognized the Pearland Area Chamber Leadership Pearland 2008 Class Pearland Chamber of Commerce President Carol Artz stated the Leadership Class is a nine-month class that begins in August of each year and includes many professionals who live in the City. Ms. Artz stated she is pleased to see, with the recent Smoking Ordinance and Local Option Election, that it is possible for a small group to have an impact and make a difference in the community. Mayor Reid stated, at this time last year, there was a sixth grade class that needed a project. The class teacher, Mr. David Bean, wanted a project that dealt with Civics. The Pearland City Charter allows citizens that obtain a certain amount of signatures to submit a referendum initiative. The class developed a Smoking Ordinance and obtained the required signatures. The Ordinance was on the November 6, 2007, ballot and was passed by the voters. Leon Sablatura Middle School Student Savannah Owen presented Council with a presentation on the class's process in getting the Smoking Ordinance to the voters. Leon Sablatura Middle School Teacher Mr. Bean stated the Smoking Ordinance was an idea the students decided to pursue themselves. They had frequently complained about not being able to go to different locations in Pearland without smelling cigarette smoke. The students put in a lot of their own time to get this Ordinance passed and worked hard. COUNCIL ACTIVITY REPORTS Councilmember Owens passed on giving a report. Councilmember Beckman stated Saturday was Texas Recycle Day and there was a good turnout at the Pearland Recycle Center. Page 2 of 11 — 11 /12/2007 Mayor Pro -Tem Saboe stated he would like to recognize several people for their hard work in getting the petition signatures for the Local Option Election. Councilmember Kyle stated there has been a lot of focus on Economic Development for the City. She had the honor, along with Mayor Reid and City Manager Bill Eisen, to attend a meeting with a group of European Businessmen to try to launch their ideas in the Pearland Area. Councilmember Cole was out of Council Chambers when reports were given. Mayor Reid recognized Larry Marcott, Gary Bucek and Carol Artz for their part in getting the initiatives passed in the City of Pearland. Larry Marcott, 3606 Inverness Court, addressed Council and stated he met with Pearland Chamber of Commerce President Carol Artz and the Chamber sent out a questionnaire for interest in the Local Option Initiative. The results were about 70% approval. This item benefits the City and the County by keeping money from taxes in the City. Pearland Chamber of Commerce Chairman Gary Bucek did a lot to make this happen for the City and something has been accomplished that many did not think would ever happen. He would like to see the money earned from the sale of beer and wine to be used for community projects that the citizens can enjoy. CITY MANAGER'S REPORT City Manager Bill Eisen reported, during the Thanksgiving Holiday, City Hall will be closed that Thursday and Friday. It has been announced by TxDOT that there will be no further funding for the Pass -Through Financing Project. This will put the pressure on the City to develop other ways to resolve the traffic issues in the area. CITIZENS None DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the July 16, 2007, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the October 15, 2007, Joint Public Hearing held at 6:30 p.m. 3. Minutes of the October 22, 2007, Regular Meeting held at 7:30 p.m. Page 3 of 11 — 11 /12/2007 4. Minutes of the October 29, 2007, Special Meeting held at 6:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-182 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONVEYING AN EASEMENT FOR CERTAIN UTILITIES. Mr. Darrin Coker, City Attorney. C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-177 — A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CASTING VOTES FOR CANDIDATES FOR THE HARRIS COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS. Mr. Bill Eisen, City Manager. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-176 — A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CASTING VOTES FOR CANDIDATES FOR THE FORT BEND COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS. Mr. Bill Eisen, City Manager. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-175 — A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CASTING VOTES FOR CANDIDATES FOR THE BRAZORIA COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS. Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-178 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT REPORT FOR THE QUARTER ENDING SEPTEMBER 2007. Mr. Bill Eisen, City Manager. G. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE APPOINTMENT OF VICTORIA JONES TO SERVE IN POSITION NO. 2 ON THE LIBRARY BOARD FOR A 3 -YEAR TERM EXPIRING NOVEMBER 1, 2010. Mayor Tom Reid. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Saboe, to adopt Consent Agenda Items A through G as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Beckman, Saboe, and Kyle. Voting "No" None. Page 4 of 11 — 11/12/2007 Motion Passed 4 to 0, with Councilmember Cole absent. NEW BUSINESS FIRST READING OF ORDINANCE NO. 2000M-42 — 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 20.00 ACRES OF LAND, BEING LOT 45 AND LOT 46, OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, ABSTRACT 243, H.T. & B.R.R. COMPANY SURVEY, AS RECORDED IN VOLUME 2, PAGE 23, OF THE PLAT RECORDS OF BRAZORIA COUNTY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF ZAPALAC ROAD, AND APPROXIMATELY 1,000 FEET NORTH OF FM 518 (BROADWAY STREET)), (ZONE CHANGE APPLICATION NO. 2007-14Z), FROM SUBURBAN RESIDENTIAL — 12 DISTRICT (SR -12) TO PLANNED DEVELOPMENT DISTRICT (PD), AT THE REQUEST OF BONNIE AND JANICE HOWARD, APPLICANT FOR JOHN AARON AND KATHRYN HOWELL, 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 Mayor Pro -Tem Saboe, to approve Ordinance No. 2000M-42 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. 2007-14Z. City Manager Bill Eisen stated this item would allow for the expansion of an existing cemetery located near Cullen Boulevard. The zoning request is for a planned development and would allow the use of the property to be strictly for a cemetery. Larry Marcott, 3606 Inverness Court, addressed Council and stated he is opposed to this zoning request. He does not feel this is the best use of the property and the land will not be taxable. This will also increase the traffic issues on Cullen Boulevard and he feels there will be better development if this request is denied. Voting "Aye" Councilmembers Owens, Beckman, Saboe, and Kyle. Voting "No" None. Motion Passed 4 to 0, with Councilmember Cole absent. Page 5 of 11 — 11 /12/2007 FIRST READING OF ORDINANCE NO. 2000M-41 — 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 2.998 ACRE TRACT OF LAND BEING OUT OF TRACT 112, OF SECTION 1, OF THE A.C. H. & B. SURVEY, ABSTRACT 147, ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 2, PAGE 1 OF THE BRAZORIA COUNTY PLAT RECORDS, SAID 2.998 ACRE TRACT OF LAND BEING THE SAME 3.00 ACRE TRACT DESCRIBED IN BRAZORIA COUNTY CLERK'S FILE NO. 2004-039416, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF WALNUT STREET, AND ON THE WEST SIDE OF OLD ALVIN ROAD), (ZONE CHANGE APPLICATION NO. 2007-15Z), FROM GENERAL COMMERCIAL DISTRICT (GC) AND OFFICE AND PROFESSIONAL DISTRICT (OP) TO GENERAL BUSINESS DISTRICT (GB), AT THE REQUEST OF SANFORD FRANKEL, APPLICANT FOR PAT BARCELO, 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. Mayor Pro -Tem Saboe made the motion, seconded by Councilmember Kyle, to approve Ordinance No. 2000M-41 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. 2007-15Z. City Manager Bill Eisen stated this item would allow the expansion of an existing convalescent center. The addition would be an activity room for the residents. Voting "Aye" Councilmembers Kyle, Saboe, Beckman, and Owens Voting "No" None. Motion Passed 4 to 0, with Councilmember Cole absent. FIRST READING OF ORDINANCE NO. 2000M-43 — 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 142.9664 ACRES OF LAND OUT OF PEARLAND TOWN CENTER, A SUBDIVISION OF 143.6500 ACRES AS RECORDED UNDER FILE NUMBER 2007008914 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, AND SITUATED IN THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 300, SECTION 81, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF BROADWAY STREET, ON THE EAST SIDE OF Page 6 of 11 — 11 /12/2007 KIRBY DRIVE, AND ON THE WEST SIDE OF BUSINESS CENTER DRIVE), (ZONE CHANGE APPLICATION NO. 2007-16Z), FROM PLANNED DEVELOPMENT DISTRICT (PD) TO PLANNED DEVELOPMENT DISTRICT (PD), AN AMENDMENT TO THE EXISTING PD FOR PEARLAND TOWN CENTER, AT THE REQUEST OF PEARLAND TOWN CENTER LIMITED PARTNERSHIP, OWNERS, PROVIDING FOR AN AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Assistant City Manager. Councilmember Kyle made the motion, seconded by Councilmember Owens, to approve Ordinance No. 2000M-43 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. 2007-16Z. City Manager Bill Eisen stated this item is a modification to several requirements includrd in the development for the Pearland Town Center. There are several types of changes but generally involve maximum height of buildings and signage requirements. Voting "Aye" Councilmembers Owens, Beckman, Saboe, and Kyle. Voting "No" None. Motion Passed 4 to 0, with Councilmember Cole absent. COUNCIL ACTION — RESOLUTION NO. R2007-174 — RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION IN A PRINCIPAL AMOUNT NOT TO EXCEED $10,500,000 FOR THE ACQUISITION, CONSTRUCTION AND IMPROVEMENT OF CERTAIN PUBLIC WORKS, AUTHORIZING DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT RELATING TO SUCH CERTIFICATES AND AUTHORIZING CERTAIN OTHER MATTERS RELATING THERETO. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2007-174. City Manager Bill Eisen stated this item authorizes the beginning of the advertising process to issue Certificates of Obligation for work on the middle section of Broadway west of SH 288. Voting "Aye" Councilmembers Kyle, Saboe, Beckman, and Owens Voting "No" None. Page 7 of 11 — 11/12/2007 Motion Passed 4 to 0, with Councilmember Cole absent. COUNCIL ACTION — RESOLUTION NO. R2007-181 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A POLICY FOR THE USE OF SPECIAL DISTRICTS AND SPECIAL INCENTIVES. Mr. Bill Eisen, City Manager. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Saboe, to approve Resolution No. R2007-181. City Manager Bill Eisen stated this item is for a Special District Policy and has been the subject of several previous Workshops. Voting "Aye" Councilmembers Owens, Beckman, Saboe, and Kyle. Voting "No" None. Motion Passed 4 to 0, with Councilmember Cole absent. FIRST READING OF ORDINANCE NO. 1329 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 OF APPROXIMATELY 69.1509 ACRES OF LAND. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Saboe made the motion, seconded by Kyle, to approve Ordinance No. 1329 on its first reading. City Manager Bill Eisen stated, in the course of the discussions for the Special District Policy, a couple of issues arose regarding additional property into existing Special Districts. One of the issues was the prohibition of annexation of property into existing districts that was not adjacent to or contiguous to an already existing district. Council has requested to evaluate request of this nature on a case-by-case basis. Stacy Wagner, 2956 Water Willow Lane, addressed Council and stated she is the President of the Brazoria County Municipal Utility District No. 28 (MUD No. 28). The district strongly supports the annexation of MUD No. 28. This annexation will benefit all the residents of the MUD and lower their taxes. Karen Richey, 2553 Miller Ranch Road, addressed Council and stated she is in favor of the annexation of MUD No. 28 by the City. Mayor Pro -Tem Saboe stated this issue has been deliberated by Council for many years and prior to his time on Council. He is going to support this item only because MUD No. 28 has been very dedicated to developing the property according to the rules Page 8 of 11 — 11 /12/2007 that were in effect when they entered the process. If this was not the case, he would not support this annexation. He feels the City needs to move away from the Municipal Utility District process. Voting "Aye" Councilmembers Kyle, Saboe, Beckman, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Cole absent. COUNCIL ACTION — RESOLUTION NO. R2007-179 — 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 ENGINEERING SERVICES FOR PREPARATION OF A COMPREHENSIVE WATER AND SEWER RATE MODEL. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Councilmember Mayor Pro -Tem Saboe, to approve Resolution No. R2007-179. City Manager Bill Eisen stated the previous Water and Sewer Budget included funding for a detailed rate study and the development of a rate model for future rate studies. This item would approve an agreement with the firm HDR Engineering, Inc. to complete this process and provide the City with a model that could be used in the future. Mayor Pro -Tem Saboe stated the City will experience a lot of cost pressures with this aspect of the budget and a rate increase of some kind will be inevitable. The community will need to share this cost, but there have those who are fixed incomes and he would like to see this considered when the study is completed. Also, he would also like to see the separation of cost share between residents and businesses included. Mayor Reid stated the City needs to communicate the details of the rate increases to the citizens. Director of Finance Claire Manthei stated the Staff will be bringing information back to Council as the study progresses to keep them informed and receive direction. Councilmember Owens stated he has feels HDR Engineering is a competent firm, but using a local firm would have saved travel cost for the project. Councilmember Cole entered the Council Chambers at 9:25 p.m. Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens Voting "No" None. Page 9 of 11 — 11/12/2007 Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-180 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION OF THE FM 1128 WATERLINE. Mr. Trent Epperson, Project Director. Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2007-180. City Manager Bill Eisen stated this waterline has been planned for some time. The recommended award is to Matula & Matula Construction, Inc. with a total cost of $723,209.90. Councilmember Cole stated there was a $240,000 difference between the high and low bidder. He would have liked a representative to be present to discuss these numbers. Project Director Trent Epperson stated the numbers have been reviewed and are accurate. Councilmember Owens stated, with the traffic control plan and fabric fencing, the job needs to be watched to verify these fabric fences are being maintained. Project Director Trent Epperson stated, to comply with the notice of intent, the contractor must inspect these items on a weekly basis and provide a written report. Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Mayor Reid stated the following item will be passed to a future Agenda. Council adjourned into Executive Session under Texas Government Code to discuss the following: Page 10 of 11 — 11/12/2007 EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 — PERSONNEL MATTERS — REGARDING APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. Mayor Tom Reid. NEW BUSINESS (CONTINUED): COUNCIL ACTION — REGARDING APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. City Council. Item passed, no action taken by Council. ADJOURNMENT Meeting was adjourned at 9:33 p.m. Minutes approved as submitted and/or corrected this the 26th day of November, A.D., 2007. ATTEST. y4ong Lo ng, TRV SecPetary Tom Reid Mayor Page 11 of 11 — 11/12/2007