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2008-10-27 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, OCTOBER 27, 2008, AT 7:30 P.M., IN THE TEMPORARY MUNICIPAL COURT ROOM LOCATED AT THE CITY OF PEARLAND COMMUNITY CENTER, 3523 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:43 p.m. with the following present: Mayor Tom Reid Councilmember Woody Owens Councilmember Steve Saboe Councilmember Felicia Kyle Councilmember Kevin Cole City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Absent: Mayor Pro -Tem Helen Beckman Others in attendance: Jon Branson Parks and Recreation Director; Jack Colbath Director of Fire Services; J.C. Doyle Police Chief; Trent Epperson Project Director; Nick Finan Assistant City Manager; Mike Hodge Assistant City Manager; Lata Krishnarao Planning Director; Claire Bogard Finance Director; Fred Welch Executive Director of Economic Development Corporation; Teresa Battenfield Assistant Project Director. The invocation was given by Pastor Ray Cox and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported October 14, he met with the new CEO of Clear Lake Regional Medical Center Stephen K. Jones, Jr. and met with Pearland Municipal Judge Letitia Farnie regarding new court procedures; October 15, attended the BAYTRAN Tri -County Judges response to Hurricane Ike Meeting and the Monthly Brazoria County Cities Association Meeting; October 16, attended the Pearland Area Chamber of Commerce (Chamber) Leadership Council Meeting, the Gulf Coast Water Authority Board of Directors Meeting, the Chamber Candidates Forum; October 17, attended the St. Andrews Church Craft Fair; October 18, Cut the ribbon for the Hindu Temple Health Fair; October 20, attended the Agenda Meeting, the School District Educational Improvement Committee Meeting, Council Workshops, and the Joint Public Hearings with the Planning and Zoning Commission; October 21, attended the H -GAC Monthly Board of Directors Meeting, the SBA Meeting and Workshop, and the Council and Municipal Utility District No. 2 and No. 3 Workshop; attended the Chamber Ground Breaking for Meadow Pet Care and the Chamber Ribbon Cutting for the Bay Area Ear Nose and Throat Clinic; October 24, attended the Monthly G -GAC Transportation Policy Page 1 of 16 —10/27/2008 Council and joined City Manager Bill Eisen for a briefing by the Water Lights District representatives; October 25, attended the Annual Pearland Historical Reunion Luncheon; October 27, attended the City Council Audit Committee Meeting and the Pearland Economic Development Monthly Meeting. Mayor Reid presented a proclamation to Alka Mulchandani, Anand Ramamurthy, and Deepak Vasudevan proclaiming November 8, 2007 as "Pearland Indian Diwali Celebration 2007." COUNCIL ACTIVITY REPORTS Councilmembers Owens, Saboe, and Kyle passed on giving a report. Mayor Pro -Tem Beckman was absent. Councilmember Cole stated there was a fire in the City that claimed the life of a resident. He would like to remind citizens to keep that family in their hearts and prayers for their loss. CITY MANAGER'S REPORT City Manager Bill Eisen reported passed on giving a report. CITIZENS Donna Foster, 6225 Silver Drive, addressed Council and stated she is speaking on behalf of her sister-in-law Kim Foster. Kim Foster owns a mobile home located near Silver Drive which sustained over $17,000 in damages by Hurricane Ike. They would like to request permission to replace the mobile home and would like information on how to obtain the permission to move forward. Bob Amos, 7825 Hughes Ranch Road, addressed Council and stated he would like to address tree and brush removal. He has been fighting with his insurance company to get the equipment needed to remove debris from the trees in his yard. The FEMA representative stated the debris removal has been discontinued, but he was told that it had been extended. When Hurricane Ike hit the area he could not get any information regarding the state of City and would like to make sure if this type of thing occurs again a representative from the City will go to Houston to get out information on what resources are available to Pearland residents. The City of Pearland passed an Ordinance preventing Police from removing vehicles from Cullen for funeral processions, but no one seems to be enforcing this Ordinance. Cullen has enough problems with traffic and there does not need to be a school opening to increase the issues. Page 2 of 16 —10/27/2008 Sandra Davis, 3501 Stonegate Circle, addressed Council and stated she is representing the Cobblestone Subdivision and they would like to request a sound barrier fence. The fence will need to go west on Magnolia Road and south on Veterans Drive and cover the entire subdivision. When Magnolia Road and Veterans Drive projects are completed there will be more and more traffic that will increase the noise problem that is already horrible. The residents would appreciate if something could be done to install a sound barrier fence to help reduce the noise in the area. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the September 15, 2008, Special Meeting held at 6:00 p.m. 2. Minutes of the September 15, 2008, Regular Meeting held at 7:30 p.m. 3. Minutes of the September 22, 2008, Special Meeting held at 6:00 p.m. 4. Minutes of the September 29, 2008, Special Meeting held at 6:00 p.m. 5. Minutes of the October 6, 2008, Public Hearing held at 6:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — EXCUSE COUNCILMEMBER STEVE SABOE'S ABSENCE FROM THE OCTOBER 13, 2008, REGULAR COUNCIL MEETING. City Council. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000-T-9 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SELECTED PROVISIONS OF THE UNIFIED DEVELOPMENT CODE OF THE CITY; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Nick Finan, Assistant City Manager. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1364 — 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. Page 3 of 16 —10/27/2008 E. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1368 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE AN EASEMENT FOR THE CONSTRUCTION OF ROAD, WATER, SEWER AND DRAINAGE IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. F. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1366 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE AN EASEMENT FOR THE CONSTRUCTION OF ROAD, WATER, SEWER AND DRAINAGE IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. G. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1369 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE AN EASEMENT FOR THE CONSTRUCTION OF ROAD, WATER, SEWER AND DRAINAGE IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, Page 4 of 16 -10/27/2008 LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. H. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1367 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE AN EASEMENT FOR THE CONSTRUCTION OF ROAD, WATER, SEWER AND DRAINAGE IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. I. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1370 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE AN EASEMENT FOR THE CONSTRUCTION OF ROAD, WATER, SEWER AND DRAINAGE IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Page 5 of 16 —10/27/2008 J. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2008-137 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A SOFTWARE MAINTENANCE CONTRACT WITH SUNGARD HTE AND APPROVING A MAINTENANCE COST SCHEDULE. Mr. Bill Eisen, City Manager. K. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2008-142 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A MUTUAL AID AGREEMENT WITH FORT BEND COUNTY FOR EMERGENCY MEDICAL SERVICES. Mr. Bill Eisen, City Manager. L. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 2000CUP-24 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY, BEING THAT CERTAIN TRACT OR PARCEL OF LAND CONTAINING 18.26 ACRES OF LAND, IN THE T.D. YOCUM SURVEY, A-399 AND THE A.C.H & B SURVEY, A-147, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF JOHN LIZER ROAD, EAST OF PEARLAND PARKWAY), (CONDITIONAL USE PERMIT APPLICATION NO. CUP2008-24), TO PERMIT ASSISTED LIVING FACILITY IN NEIGHBORHOOD SERVICE (NS) ZONE, AT THE REQUEST OF HARVEST DEVELOPMENT c/o CURRY ARCHITECTURE LLC, APPLICANT FOR VIVIAN NAEVE, OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENRY. Mr. Nick Finan, Assistant City Manager. Councilmember Cole asked that Consent Agenda Item B and L be removed from the Consent Agenda for further discussion. Councilmember Owens made the motion, seconded by Councilmember Cole, to adopt Consent Agenda Items A through L with the exception of items B and L, as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Saboe, Kyle, and Cole. Page 6 of 16 —10/27/2008 Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Beckman absent. MATTERS REMOVED FROM CONSENT AGENDA As requested by Councilmember Cole Consent Agenda Item B, was removed for further discussion. COUNCIL ACTION — EXCUSE COUNCILMEMBER STEVE SABOE'S ABSENCE FROM THE OCTOBER 13, 2008, REGULAR COUNCIL MEETING. City Council. Councilmember Cole made the motion, seconded by Councilmember Owens, to excuse Councilmember Steve Saboe's absence from the October 13, 2008 Regular Council Meeting. Voting "Aye" Councilmembers Cole, Kyle and Owens. Voting "No" None. Voting "Abstain" Councilmember Saboe Motion Passed 3 to 0, with Mayor Pro -Tem Beckman absent and one abstention. As requested by Councilmember Cole Consent Agenda Item L Ordinance No. 2000CUP-24, was removed for further discussion. COUNCIL ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 2000CUP- 24 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY, BEING THAT CERTAIN TRACT OR PARCEL OF LAND CONTAINING 18.26 ACRES OF LAND, IN THE T.D. YOCUM SURVEY, A-399 AND THE A.C.H & B SURVEY, A-147, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF JOHN LIZER ROAD, EAST OF PEARLAND PARKWAY), (CONDITIONAL USE PERMIT APPLICATION NO. CUP2008-24), TO PERMIT ASSISTED LIVING FACILITY IN NEIGHBORHOOD SERVICE (NS) ZONE, AT THE REQUEST OF HARVEST DEVELOPMENT c/o CURRY ARCHITECTURE LLC, APPLICANT FOR VIVIAN NAEVE, OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENRY. Mr. Nick Finan, Assistant City Manager. Page 7 of 16 —10/27/2008 Councilmember Owens made the motion, seconded by Councilmember Kyle, to approve Ordinance No. 2000CUP-24 on its first and only reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Conditional Use Permit Application No. CUP2000- 24. City Manager Bill Eisen stated this item is a request to allow an assisted living facility to be located at the intersection of John Lizer and Pearland Parkway. Joint Public Hearings were held regarding this request with Council and the Planning and Zoning Commission. The Planning and Zoning Commission has made the recommendation to approve the request with a set of conditions specified. Renee McGuire, 7918 West Broadway, addressed Council and stated she bought a piece of property several years ago that was zoned Multi -Family, but was down zoned to R-4. Because of the zone change, she was required to submit a Planned Unit Development and was restricted to a one-story building. During the design phase of the project the Planning and Zoning Commission allowed the adjacent property owner to have a wooden fence while she was required to have a more expensive masonry fence. She was also told later she could not build a storage facility because the market had been over -built. Ms. McGuire stated she is confused by the Planning and Zoning process and wanted to bring it to the attention of Council. Bonnie Chrisman, 2801 John Lizer, addressed Council and stated she lives on the property adjacent to the property in the Ordinance. The property she owns seems to get rezoned each time the property in this Ordinance obtains a zone change. She is concerned that the Planning and Zoning Commission is allowing this land to be arbitrarily rezoned and will continue to do so until the property has some type of commercial zoning. Melynda Steed, 1916 Crooked Creek, addressed Council and stated she has spoken in opposition to this proposed zone change and continues to oppose the project. She feels the applicants misrepresented the project as an assisted living facility to the surrounding property owners. A project of this size will have a negative impact on the storm runoff from Mary's Creek. Emry Clark, 2615 Foxden Drive, addressed Council and stated he is the Executive Director of Trinity Oaks of Pearland, which is an assisted living community. He is concerned about the proposed assisted living facility in this project. The developers of this project have stated the residents will be approximately seventy years of age. The proposed building is three -stories and residents of this age group will not be able to safety evacuate the building in the event of an emergency such as a fire. The proposed building also does not appear to have adequate plans for fire protection for the building. Page 8 of 16 —10/27/2008 Cathy Ruff, 3117 Maryfield Lane, addressed Council and stated she is opposed to this Conditional Use Permit application. Her family has been in Pearland for sixty years and she has watched the City grow. She does not feel this proposed facility is in the best interest of the City. Bob Burgess, 6520 Broadway, Apt. No. 527, addressed Council and stated in 1999 there was a residential retirement center proposing to use this property and over two - hundred and fifty citizens came to voice their opinion to Council. The City needs to look at its history and see what is going on but also work with the land owner. He feels the City is capable of working with the applicant and developing a plan for a facility that will not be a burden on the community or a safety risk and therefore he supports this application. John W. Gilmore, 3812 Canyon Lake Drive, addressed Council and stated when Pearland Parkway was built, it was designed with very restrictive zoning requirements that even restricted a restaurant from having a blue roof. This item is much more important than the color of paint and the City needs to consider the operational aspects of this type of facility. The Applicant has stated they are obtaining a permit as an assisted living facility, but that it will advertise as an independent living facility. The City needs to investigate this and make sure the applicant is doing what they say they are going to do before approving any Conditional Use Permits. Ron Jackson, 4075 Alana Avenue, addressed Council and stated he is representing the development company. The applicant is applying for the permit as an assisted living facility because that is where they fit according to the City's Ordinances. The facility is not meant to be a medical facility and they have not tried to mislead anyone regarding their intent. The safety of the residents is a very important aspect of the project and they are meeting all the required building codes. The Planning and Zoning Commission made numerous comments and the developer has agreed with all of the recommendations. Councilmember Saboe stated Council was presented with some of the public feedback by email and the Joint Public Hearing process has been completed. In the past, Council has historically weighed heavily on public opinion, but he also prefers to get input from the Planning and Zoning Commission. He feels voting on this item tonight might be premature and he would like more information before making a decision. The Planning and Zoning Commission and Staff have eight concerns regarding this project and he believes this project might need to be submitted as a Planned Development rather than a Conditional Use Permit. In fairness to the applicant, they should be given time to substantiate the facility and its uses prior to Council voting. Page 9 of 16 —10/27/2008 Councilmember Cole stated the applicant should have fair opportunity to respond to the concerns set forth and to define the purpose of the proposed facility. He would like to see this item reviewed and possibly resubmitted as a Planned Development. Councilmember Saboe stated he is concerned about the safety of the individuals in a multi -story building and he will not vote for this item with that provision. Councilmember Kyle stated the job of Council is not to dictate what is competitive and she actually likes the concept of this project. There are legitimate issues with the project such as drainage that do need to be addressed but it appears the developer is willing to work with the City to remedy the issues. Discussion ensued between Council, Assistant City Manager Nick Finan, and City Attorney Darrin Coker regarding the Ordinance. Councilmember Saboe made the motion, seconded by Councilmember Cole, to table Ordinance No. 2000 -CUP 24 on its first and only reading for further review. Voting "Aye" Councilmembers Cole, Kyle, Saboe, and Owens. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Beckman absent. Mayor called for a recess at 8:55 Mayor Reid called the meeting back to order at 9:15 p.m. NEW BUSINESS Mayor Reid, with the concurrence of Council, moved to Item No. 8, Ordinance No. 1365. FIRST AND ONLY READING OF ORDINANCE NO. 1365 — ORDINANCE AUTHORIZING ISSUANCE OF CITY OF PEARLAND, TEXAS, WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 2008A; PRESCRIBING THE TERMS AND CONDITIONS THEREOF; PROVIDING FOR THE PAYMENT THEREOF; AWARDING THE SALE THEREOF; AUTHORIZING THE PREPARATION AND DISTRIBUTION OF AN OFFICIAL STATEMENT TO BE USED IN CONNECTION WITH THE SALE OF THE BONDS; AUTHORIZING THE PURCHASE OF BOND INSURANCE; MAKING OTHER PROVISIONS REGARDING SUCH BONDS AND MATTERS INCIDENT THERETO; AUTHORIZING EXECUTION AND DELIVERY OF A PAYING AGENT/REGISTRAR AGREEMENT; CONTAINING OTHER MATTERS RELATED THERETO; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager. Page 10 of 16 —10/27/2008 Councilmember Owens made the motion, seconded by Councilmember Kyle, to approve Ordinance No. 1365 on its first and only reading. After discussion, this item was tabled. Ryan O'Hara, RBC Capital Markets, provided Council with an update regarding Water and Sewer Bonds and stated due to the condition of the market, no bonds were sold at this time. Discussion ensued between Council, City Manager Bill Eisen, Director of Finance Claire Bogard, and Ryan O'Hara, RBC Capital Markets, regarding the Ordinance. Councilmember Saboe made the motion, seconded by Councilmember Cole, to table Ordinance No. 1365 on its first and only reading to be placed on a future agenda when the sale of Bonds is more favorable. Voting "Aye" Councilmembers Owens, Saboe, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Beckman absent. Mayor Reid, with the concurrence of Council, moved back to New Business No. 1, Ordinance No. 2000CUP-22. COUNCIL ACTION — REMOVE FROM THE TABLE ORDINANCE NO. 2000CUP-22. Councilmember Saboe made the motion, seconded by Councilmember Owens, to remove Ordinance No. 2000CUP-22 from the table. Voting "Aye" Councilmembers Cole, Kyle, Saboe, and Owens. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Beckman absent. FIRST AND ONLY READING OF ORDINANCE NO. 2000CUP-22 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY, SHOWN AS OF LOT TWELVE (12), BLOCK TWENTY (20) OF PEARLAND TOWNSITE, ACCORDING TO THE MAP OR PLAT RECORDED IN VOL. 29, PG 41, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, AND A PART OF TRACT 3 OF SECTION 2, OF THE H. T. & B. RAILROAD COMPANY SURVEY, ABSTRACT 542, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS, CONTAINING 16,462.7 SQ. FT. OR 0.3779 ACRE OF LAND, 2418 SOUTH MAIN STREET, (CONDITIONAL USE PERMIT APPLICATION Page 11 of 16 —10/27/2008 NO. CUP2008-22), TO ALLOW OUTDOOR STORAGE IN THE OLD TOWNSITE GENERAL BUSINESS DISTRICT (OT -GB); AT THE REQUEST OF THOMAS D. RASBERRY, APPLICANT AND OWNER; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENRY. Mr. Nick Finan, Assistant City Manager. Councilmember Saboe made the motion, seconded by Councilmember Cole, to approve Ordinance No. 2000CUP-22 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Conditional Use Permit Application No. CUP2008- 22. Councilmember Owens stated he requested this item be tabled previously because he wanted to get more information regarding the proposed project. Tom Rasberry, stated he is in the process of obtaining pricing for the project and the price of platting is very expensive. He has been working with Staff, but would like to know what exactly the City is requiring before he spends the money. Assistant City Manager Nick Finan stated the current Ordinance requires the platting and Brazoria County requires a title for any plat that is filed. Voting "Aye" Councilmembers Owens, Saboe, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Beckman absent. COUNCIL ACTION — REMOVE FROM THE TABLE ORDINANCE NO. 2000M-57. Councilmember Kyle made the motion, seconded by Councilmember Cole, to remove Ordinance No. 2000M-57 from the table. Voting "Aye" Councilmembers Cole, Kyle, Saboe, and Owens. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Beckman absent. Page 12 of 16 —10/27/2008 FIRST READING OF ORDINANCE NO. 2000M-57 — 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 26.58 ACRES OF LAND, BEING PARTS OF AND THE NORTH HALF OF LOT 44 AND ALL OF LOT 49 OF ZYCHLINSKI'S SUBDIVISION IN THE HT&B RR CO. SURVEY, SECTION 3, ABSTRACT 232, AND R.B LYLE SURVEY, ABSTRACT 542, IN THE BRAZORIA COUNTY, TEXAS, (GENERALLY LOCATED ON THE WEST SIDE OF SH 35 (NORTH MAIN STREET), AND ON THE SOUTH SIDE OF MCHARD ROAD), (ZONE CHANGE APPLICATION NO. 2008-15Z), FROM LIGHT INDUSTRIAL (M-1) TO GENERAL COMMERCIAL DISTRICT (GC), AT THE REQUEST OF JUNG H KWAK, APPLICANT FOR MONTALBANO LUMBER CO. INC, 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 Councilmember Saboe, to approve Ordinance No. 2000M-57 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for denial of Application No. 2008-15Z. Councilmember Cole stated he agrees with the Planning and Zoning Commission, however, this may warrant reviewing the Comprehensive Plan regarding retail nodes. City Manager Bill Eisen stated Council had tabled this item at a previous meeting because of some concerns with regard to the applicant indicating it was his intent to rezone only the front portion of the property rather than the entire property. Assistant City Manager Nick Finan stated the applicant advertised for approximately eight acres to be rezoned, but only wants the zoning for the front eight acres. He stated Council can act on this application and approve only the eight acres, or the applicant will need to come back with a Planned Development (PD). Voting "Aye" None. Voting "No" Councilmembers Owens, Saboe, Kyle, and Cole. Motion Failed 4 to 0, with Mayor Pro -Tem Beckman absent. Page 13 of 16 —10/27/2008 COUNCIL ACTION — RESOLUTION NO. R2008-141 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING A MORATORIUM ON PLATTING REQUIREMENTS FOR OWNERS OF EXISTING LOTS ZONED AND USED AS SINGLE FAMILY RESIDENTIAL WHO SEEK TO CONSTRUCT NEW ACCESSORY STRUCTURES OR TO IMPROVE, EXPAND, OR REPLACE STRUCTURES ALREADY LOCATED THEREON. Mr. Nghiem Doan, Deputy City Attorney. Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2008-141. City Attorney Darrin Coker stated this item is a Resolution to extend what the City has previously adopted regarding a moratorium on platting requirements in limited circumstances for residential property owners. Councilmember Saboe asked if the City has experienced anything since the original moratorium was adopted that would indicate this is not a good idea. Assistant City Manager Nick Finan stated he did not ask how many requests have come in, but he knew of two that were waiting for the moratorium to be approved. To his knowledge, there have been no problems. Voting "Aye" Councilmembers Owens, Saboe, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Beckman absent. COUNCIL ACTION — RESOLUTION NO. R2008-138 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN ADVANCED FUNDING AGREEMENT WITH THE STATE OF TEXAS FOR THE DIXIE FARM ROAD IMPROVEMENT PROJECT. Mr. Trent Epperson, Project Director. Councilmember Owens made the motion, seconded by Councilmember Cole, to approve Resolution No. R2008-138. City Manager Bill Eisen stated this item relates to an advanced funding agreement on Dixie Farm Road for utility related adjustments. The changes being proposed are for relatively minor modifications to the plans based upon the finalization of the specific plans for paving and draining. Voting "Aye" Councilmembers Owens, Saboe, Kyle, and Cole. Voting "No" None. Page 14 of 16 —10/27/2008 Motion Passed 4 to 0, with Mayor Pro -Tem Beckman absent. COUNCIL ACTION — RESOLUTION NO. R2008-136 — A RESOLUTION DECLARING INTENTION TO REIMBURSE PROJECT EXPENDITURES. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Owens, to approve Resolution No. R2008-136. City Manager Bill Eisen stated the adopted budget for the current fiscal year included various pieces of equipment and software. The budget, as presented, provided for the items to be purchased through capital proceeds, but as discussed, Staff would like to wait a while to proceed with the issuance of debt. This item is asking Council to authorize Staff to proceed with the expenditures with the intent to reimburse at a later date. Voting "Aye" Councilmembers Cole, Kyle, Saboe, and Owens. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Beckman absent. COUNCIL ACTION — RESOLUTION NO. R2008-140 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN AGREEMENT WITH TXDOT FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF STREET LIGHTS FOR CULLEN PARKWAY. Mr. Trent Epperson, Project Director. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Resolution No. R2008-140. City Manager Bill Eisen stated this item is a standard agreement with TxDOT pertaining to their highways for cities with a population of 50,000 or greater. The agreement requires the City to take on responsibility for any operation or maintenance for any street lights located within the City. Project Director Trent Epperson stated the City has a similar agreement with TxDOT for the SH 288 frontage roads. Assistant City Manager Mike Hodge stated it is anticipated that when the facility is completely online in 2010, the City will have taken over the maintenance of the signals and the overhead mast. Voting "Aye" Councilmembers Cole, Kyle, Saboe, and Owens. Voting "No" None. Page 15 of 16 —10/27/2008 Motion Passed 4 to 0, with Mayor Pro -Tem Beckman absent. COUNCIL ACTION — RESOLUTION NO. R2008-139 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR UTILITIES PROGRAM MANAGEMENT. Mr. Trent Epperson, Project Director. Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2008-139. City Manager Bill Eisen stated this item is an agreement with Pate Engineers to provide utilities program management for the City. The agreement establishes the scope of services for general engineering consultant work and the total amount of the contract is approximately $50,000. Councilmember Saboe stated the last program management the City was part of was not a good situation and he would like to see this project be handled in a way where the program management company acted as an extension of the City. The City has high expectations for this contract and he hopes Pate Engineering can meet the expectations. Councilmember Cole stated what is important is to make sure this program management does not take the same route as the last project. Voting "Aye" Councilmembers Owens, Saboe, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Beckman absent. ADJOURNMENT Meeting was adjourned at 9:55 p.m. Minutes approved as submitted and/or corrected this the 24th day of November, A.D., 2008. Tom Reid Mayor ATTEST: i