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2013-02-25 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, FEBRUARY 25, 2013, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:30 p.m. with the following present: Mayor Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Woody Owens Scott Sherman Keith Ordeneaux Greg Hill Bill Eisen Darrin Coker Young Lorfing Absent: Mayor Pro -Tem Susan Sherrouse. Others in attendance: Jon Branson Assistant City Manager; Matt Buchanan President of Economic Development Corporation; Danny Cameron Public Works Director; J.C. Doyle Police Chief; Trent Epperson Director of Engineering and Capital Projects; Roland Garcia Fire Marshal; Mike Hodge Assistant City Manager; Lata Krishnarao Director of Community Development; Claire Bogard Finance Director; Michelle Smith Director of Parks and Recreation; Vance Riley Director of Fire Services; Sparkle Anderson Public Affairs Manager; Bob Pearce Purchasing Officer and Johnny Spires Assistant Police Chief. The invocation was given by Mary Hammer and the Pledge of Allegiance was led by Fernando Chris De La Garza of Boy Scout Troop 414. MAYOR'S ACTIVITY REPORT: Maria Espinoza co-founder of the Remembrance Project addressed Council and stated the Remembrance Project was created to champion families like the Wilkerson family. Their son Joshua Wilkerson was killed by an illegal alien. The Remembrance Project has memorialized Joshua through the Stolen Life Quilt Project. The quilt has become a National Project. By the end of this year there Will be a Remembrance Project presence in every state sending a message to public servants to uphold our laws and protect our family's. She thanked Pearland Law Enforcement for their good service. She further thanked George and Laura Wilkerson for being courageous and brave in everything they have gone through. George Wilkerson addressed Council stating his family recently lost their youngest son Joshua Erin Wilkerson. He further stated the City of Pearland and the Pearland Police department were instrumental in helping his family through a difficult time. He stated his family would like to thank the City of Pearland and its Page 1 of 13 — 2/25/2013 leadership by presenting a -Certificate to Mayor Tom Reid and Councilmembers Woody Owens, Scott Sherman, Susan Sherrouse, Keith Ordeneaux and Greg Hill. He further thanked the Pearland Police Department by presenting Certificates of Appreciation to Police Chief J.C. Doyle, Assistant Police Chief Johnny Spires, Officer Eric Morton, Canine Nancy, Officer Jeff Jernigan, Officer Herbert Oubre, Lieutenant Wayne Moody, Officer Cecil Arnold and Officer Donald Patterson. Mr. Wilkerson thanked Texas Equusearch for their professionalism and the many volunteers by presenting a check for $1,500 in the name of Joshua Erin Wilkerson. He further thanked ADDI Printing Services for printing the certificates and presented a check for $500 to Texas Equusearch from ADDI Printing Services. Mayor Reid, City Manager Bill Eisen and Utility Billing Manager Pam Thompson presented Field Service Technician Steve Ramos with the Full Time Employee of the Quarter Award. Mayor Reid, City Manager Bill Eisen and Parks and Recreation Director Michelle Smith presented Part Time Fitness Attendant Nathan Ramirez with the Part Time Employee of the Quarter Award. Mayor Reid and City Manager Bill Eisen presented Public Affairs Manager Sparkle Anderson and Multimedia Specialist Debbie Schielke the Excellence in Emergency Management Award from the Emergency Management Association of Texas. Public Affairs Manager Sparkle Anderson stated her department entered to win this award by doing a Superman Hurricane Preparedness TV spot with the participation of Mayor Reid and Fire Marshal Roland Garcia. She further stated her department is excited to receive this award. Mayor Reid reported on February 9 - 12, he attended the Houston Galveston Area Council's National Association of Regional' Councils of Government in Washington, D.C.; February 13, he attended the Adult Reading Center Board of Directors Meeting; the Texas Medical Center Board of Directors Meeting; February 18, he attended the City of Pearland Council Agenda Meeting and Public Hearings; February 19, he attended the Houston Galveston Area Council Board of Directors Meeting; February 21, he attended the State of the City Presentation at the Pearland Chamber Luncheon; February 22, he attended the Houston Galveston Area Council Transportation Policy Council Board of Directors Meeting; February 23, he attended the Silverlake Cancer Care Walk; February 25, he joined the President of Pearland Economic Development Matt Buchanan and attended Judge Emmett's State of the County Address; attended the Pearland Independent School District Education Improvement Committee Meeting. Page 2 of 13 — 2/25/2013 COUNCIL ACTIVITY REPORTS: Councilmember Owens reported he was in Austin, Texas for the Transportation Forum; he took the tour at Southeast Memorial Hospital; he spoke at a meeting at the Natatorium; he attended Judge Emmett's State of the County Address; he attended the State of the City Luncheon. He further stated the City is very fortunate to have the Police Department we have today, they continue to get better and better. Councilmember Sherman reported February 13, he had the opportunity to go by the construction site of the Westside Library, he thanked the Director of Engineering and Capital Projects Trent Epperson, his staff and the contractor for making good progress; February 16 — 17, he joined Mayor Pro -Tem Sherrouse and attended the Youth Action Council Conference in Port Arthur, Texas. Councilmember Sherman presented a Certificate of Appreciation to Mayor Tom Reid as Best Community Leader on behalf of the Community Favorite Annual Reader's Choice Poll 2012. Mayor Reid thanked everyone for the Certificate of Appreciation as Best Community Leader. He further thanked Police Chief J.C. Doyle and the Pearland Police Department for Pearland is in the top 50 as one of the safest Cities in America by FBI standards. Councilmember Ordeneaux stated he is truly humbled not only to serve the citizens of Pearland but also the City Staff. He further stated from the comments tonight shows what a wonderful City of Pearland Staff we have. Councilmember Hill reported he attended several of the events the other Councilmembers attended; he attended the Mayor's State of the City Luncheon; February 20, he attended the Skate Park Meeting at the Natatorium. He thanked City Staff for all they do. CITY MANAGER'S REPORT: City Manager Bill Eisen recognized City Secretary Young Lorfing for completing the requirements for recertification as a Texas Registered Municipal Clerk. He congratulated Mr. Lorfing and appreciates the great work and effort he puts forth to stay at the forefront of his profession. CITIZENS: Carol Artz-Bucek, 6111 No. Galveston Ave., President and CEO of Pearland Chamber of Commerce addressed Council and stated there will be 80 Pearland enthusiasts converging on the Capital in Austin, Texas. We are excited to Page 3 of 13 — 2/25/2013 recognize our new Legislators Representative Ed Thompson and Senator Larry Taylor. We will be bringing awareness and recognition of Pearland to our State. Lance Foss, 1409 O'Day Road, #57, addressed Council asking for clarification on where Pearland jobs are advertized. He further stated he went to Alvin Independent School District and they honored the Texas flag after the Pledge of Allegiance to the United States Flag. He stated at Council Meetings he would like to see City Council honoring the Texas flag after the Pledge of Allegiance. He further asked for clarification on how a citizen can effectively work with the City to get things accomplished. Paul Chimenti, 2615 Sunrise Harbor Lane, addressed Council and stated this is in reference to the rezoning at Sunrise Lakes. He further stated City Engineers recommended against the rezone based on the fact the City is already maxed out on R-3 lots. He stated in the past the rezone at Sunrise Lakes has come before Council and it did not pass. He stated he does not know why the zone change is a good idea now. He stated the residents would like their voices heard and considered. Seeno Akunuri, 2522 Sunny Shore Drive, addressed Council and stated he has lived in Sunrise Lakes for 11 years. The last several years he has seen the value of the homes drop 20% from what he paid 11 years ago. He further stated he believes it is the construction in the area and building the two motels. With the zone change, the lots and the homes will be smaller and he does not believe they will sell for $200,000. or more, He further stated the residents are concerned their property value will drop further. He hopes the City Council will carefully consider the zone plan, and will study the value of the existing homes and the traffic. Matt Gibb, 2403 Sunlight Lane, addressed Council and stated his concern is with the zone change. The smaller lots and homes will bring their property values down. He further stated he does not view this as just a piece of property or the residents as a piece of property. He stated we are real people with real concerns. Charles Johnson, 2612 Sunfish Drive, addressed Council and stated he has a signed petition of the residents of the abutting property. He further stated he understands there has to be 20% of the resident's signatures against this zone change to be a unanimous decision. He further stated he is hoping Council will make the right decision for the residents of Sunrise Lakes. Janice Hallesey, 2621 Sunbird Court, addressed Council and stated she has an additional 200 signatures besides the 199 signatures City Council has received. She further stated she would like for Council to focus on the citizens that came to Pearland and bought homes in Sunrise Lakes. These citizens stepped up to the plate and became involved in the Pearland schools, churches, family entertainment, community activities, Police, Fire, EMS and local elections. She Page 4 of 13 — 2/25/2013 stated with the zone change their concern is the traffic will be diverted across Silverlake Parkway through Sunrise Lakes leading to FM 518. She stated the residents already witness traffic cutting through Sunrise Lakes from Sun Meadow and Sunrise Blvd. to avoid FM 518 going towards 288. She stated she is asking Council to support the residents of Sunrise Lakes, to help protect their homestead investments by not changing the zoning to benefit one individual. Sandy Rohden Viveiros, 2703 SunBeam Court, addressed Council stating as a Sunrise Lakes homeowner she is not against a new subdivision. She stated the residents are asking Council to adhere to the Sunrise Lakes standards, the building quality, the size of the lots and homes. She stated there are a lot of unanswered questions, she asked if this could be tabled until the residents can get more answers and knowledge of what is going on. She stated the residents do not want anymore de -value of their property. Thanes Queenan, 8902 Sungate Drive, addressed Council stating he and his wife worked hard to buy their first home in Sunrise Lakes. He stated with this zone change he and his wife would lose the investment they have put into their first home. He stated he hoped what Council is hearing does not fall on deaf ears. Winter Bush, 2509 Sunlight Lane, addressed Council stating she opposes the zone change. She stated owning a home is the American dream. She and her husband bought a home in Sunrise Lakes as an investment. She would like for it to continue to be a solid investment. She asked Councilmembers to consider all sides of the argument not just one side. Cheryl Lyles, 9410 Summer Sun Lane, addressed Council stating she is the Home Owners Association President of Sunrise Lakes. She stated the residents are concerned about the value of their property and the traffic. She asked Councilmembers to reconsider this zone change. Kevin Cole, 11233 Shadow Creek Parkway Suite 200, addressed Council stating he is representing Karen Richey, owner of the property in discussion. He stated he is expecting quality and he will deliver quality. He stated he will answer questions anyone may have to further this development. DOCKETED PUBLIC HEARING: None. CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the January 28, 2013, Regular Meeting held at 7:30 p.m. 2. Minutes of the January 14, 2013, Regular Meeting held at 7:30 p.m. Page 5 of 13 — 2/25/2013 B. CONSIDERATION AND POSSIBLE ACTION SECOND AND FINAL READING OF ORDINANCE NO. 2000M-98 — 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 A 33.307 ACRE TRACT IN THE H. T. & B. R.R. COMPANY SURVEY SECTION 85, ABSTRACT NO. 304 IN BRAZORIA COUNTY, TEXAS. SAID 33.307 ACRE TRACT IS PART OF LOT 45, PART OF LOT 55, AND ALL OF LOTS 56 AND 57 OF THE ALLISON-RICHEY GULF COAST HOME SUBDIVISION AS RECORDED IN VOLUME 2, PAGE 107 IN THE BRAZORIA COUNTY PLAT RECORDS. SAID 33.307 ACRE TRACT COMPRISES THOSE TRACTS OF LAND DESCRIBED IN DEEDS TO GEORGE RITCHEY, AND WIFE KAREN RITCHEY, AS RECORDED IN CLERK'S FILE NO'S 97-019237, (AS CORRECTED BY 97-032332), 99-015625 AND 96-019344 (LOT 57 ONLY), ALL FILED OF RECORD IN THE BRAZORIA COUNTY CLERK'S OFFICE. (LOCATION BEING NORTH OF SUMMER BREEZE DRIVE, BETWEEN MILLER RANCH AND SILVER LAKE PKWY, PEARLAND, TX), ZONE CHANGE 2013-02Z, A REQUEST OF KEVIN COLE, APPLICANT, ON BEHALF OF KAREN RITCHEY, OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE SINGLE FAMILY RESIDENTIAL -1 (R-1) ZONE TO THE SINGLE FAMILY RESIDENTIAL -3 (R-3) ZONE, 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. Mike Hodge, Assistant City Manager. C. CONSIDERATION AND POSSIBLE ACTION SECOND AND FINAL READING OF ORDINANCE NO. 2000M-97 — 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 ALL THAT CERTAIN 7.650 ACRES OUT OF SECTION 16, H.T. & B. R.R COMPANY SURVEY, ABSTRACT NO. 546 AND BEING A PORTION OF THAT CERTAIN TRACTS DESCRIBED IN A DEED DATED 04-11-2002 FROM EDWIN HUNTER HARRIS, ET UX. TO MARILYN LOUISE BULLARD AS FILED IN THE OFFICIAL RECORDS OF REAL PROPERTY OF BRAZORIA Page 6 of 13 — 2/25/2013 COUNTY AT CLERK'S FILE NO. 02-017799 AND A PORTION OF THAT CERTAIN TRACT AS DESCRIBED IN A DEED DATED 12-17-1997 FROM EDWIN HUNTER HARRIS, SR. TO MARILYN LOUISE BULLARD AS FILED IN THE OFFICIAL RECORDS OF BRAZORIA COUNTY AT CLERK'S FILE NO. 97-044957. (LOCATED AT NORTHEAST CORNER OF MAGNOLIA AND MANVEL ROADS, PEARLAND, TEXAS), ZONE. CHANGE 2013-01Z, A REQUEST OF MICHAEL POLLAK, APPLICANT, ON BEHALF OF MARILYN BULLARD, OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE SINGLE FAMILY RESIDENTIAL -1 (R-1) ZONE TO THE NEIGHBORHOOD SERVICE (NS) ZONE WITH AN OVERLAID CONDITIONAL USE PERMIT (CUP) FOR A CHILD DAYCARE CENTER AND RESTAURANT WITH OR WITHOUT A DRIVE- THRU, 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. Mike Hodge, Assistant City Manager. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000M-99 — 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 A 0.9495 ACRE TRACT OF LAND SITUATED IN THE H.T. & B R.R. COMPANY SURVEY ABSTRACT 242 IN BRAZORIA COUNTY, TEXAS, BEING THE SAME TRACT OF LAND CONVEYED TO JOSEPH B BENES AND RECORDED IN VOLUME 408 PAGE 538 OF THE DEED RECORDS OF BRAZORIA COUNTY TEXAS. (LOCATED AT 7902/7904 BROADWAY, PEARLAND, TX), ZONE CHANGE 2013-03Z, A REQUEST OF TRANQUILITY PLAZA, LLC, APPLICANT AND OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE NEIGHBORHOOD SERVICE (NS) ZONE TO THE GENERAL BUSINESS (GB) ZONE, 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. Mike Hodge, Assistant City Manager. E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1477 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING CERTAIN ROAD AND Page 7 of 13 — 2/25/2013 PUBLIC 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. F. CONSIDERATION AND POSSIBLE ACTION — EXCUSE MAYOR TOM REID FROM THE FEBRUARY 11, 2013, CITY COUNCIL REGULAR MEETING. City Council. G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-33 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE SUBMISSION OF THE GRANT APPLICATION FOR THE PEARLAND MOBILE COMMAND CENTER TO THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION. Lieutenant, Onesimo Lopez. H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-36 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON-GALVESTON AREA COUNCIL (HGAC) FOR THE PURCHASE. OF A PAD FOOT ROLLER FOR STREET MAINTENANCE AND CONSTRUCTION. Mr. Bill Eisen, City Manager. I. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-34 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF STABILIZED ROAD MATERIALS. Mr. Jon Branson, Assistant City Manager. Councilmember Hill asked that Consent Agenda Item B be removed from the Consent Agenda for further discussion. Councilmember Owens made the motion, seconded by Councilmember Sherman, to adopt Consent Agenda Items A through I with the exception of item B, as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Sherman, Ordeneaux, and Hill. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Sherrouse absent. Page 8 of 13 — 2/25/2013 MATTERS REMOVED FROM CONSENT AGENDA As requested by Councilmember Hill Consent Agenda Item B was removed for further discussion. B. CONSIDERATION AND POSSIBLE ACTION SECOND AND FINAL READING OF ORDINANCE NO. 2000M-98 — 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 A 33.307 ACRE TRACT IN THE H. T. & B. R.R. COMPANY SURVEY SECTION 85, ABSTRACT NO. 304 IN BRAZORIA COUNTY, TEXAS. SAID 33.307 ACRE TRACT IS PART OF LOT 45, PART OF LOT 55, AND ALL OF LOTS 56 AND 57 OF THE ALLISON-RICHEY GULF COAST HOME SUBDIVISION AS RECORDED IN VOLUME 2, PAGE 107 IN THE BRAZORIA COUNTY PLAT RECORDS. SAID 33.307 ACRE TRACT COMPRISES THOSE TRACTS OF LAND DESCRIBED IN DEEDS TO GEORGE RITCHEY, AND WIFE KAREN RITCHEY, AS RECORDED IN CLERK'S FILE NO'S 97-019237, (AS CORRECTED BY 97-032332), 99-015625 AND 96-019344 (LOT 57 ONLY), ALL FILED OF RECORD IN THE BRAZORIA COUNTY CLERK'S OFFICE. (LOCATION BEING NORTH OF SUMMER BREEZE DRIVE, BETWEEN MILLER RANCH AND SILVER LAKE PKWY, PEARLAND, TX), ZONE CHANGE 2013-02Z, A REQUEST OF KEVIN COLE, APPLICANT, ON BEHALF OF KAREN RITCHEY, OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE SINGLE FAMILY RESIDENTIAL -1 (R-1) ZONE TO THE SINGLE FAMILY RESIDENTIAL -3 (R-3) ZONE, 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. Mike Hodge, Assistant City Manager. Councilmember Owens made the motion, seconded by Councilmember Hill to approve Ordinance No. 2000M-98. City Manager Bill Eisen stated this is a request for approval of a zone change from the Single Family R-1 zone to a Single Family R-3 Zone. Councilmember Hill asked the Director of Community Development Lata Krishnarao if she would explain Cluster Development. Page 9 of 13 — 2/25/2013 Director of Community Development Lata Krishnarao stated Cluster Development takes the underlying zone, which could be any residential zone, and lets the applicant reduce the lot sizes as long as the density specified for that base zoning is maintained. It provides the developer flexibility in clustering the lots together to provide larger more meaningful open spaces. Councilmember Owens asked Director of Community Development Lata Krishnarao to go over the Staff Recommendation. Director of Community Development Lata Krishnarao stated Staff was unable to recommend approval of the zone change as proposed by the applicant because approval of the zone change may not be compatible with surrounding zoning and uses. Also the proposed zone change may have a negative impact on the surrounding properties and developments by allowing smaller lots than as indicated for the Future Land Use Plan, with over 40% of residential zoning in the. City for medium density lots. The proposed zone is not in compliance with the latest approved Future Land Use Plan. An extensive analysis has been completed regarding desired lot sizes for future residential areas, and the recommendation was that the City should "strive" for the development of large lot subdivisions. Councilmember Ordineaux asked if there is information on lot widths and is there anyway for a variance on the lot width and still keep the square footage. Director of Community Development Lata Krishnarao stated a study was not conducted on lot widths, but she can get that information. She stated for a variance on lot width and to keep the square footage is a variance process of the Zoning Board of Adjustments. That is something the applicant can apply for. Councilmember Sherman asked for clarification as to the type of homes on the 14,999 square foot lot sizes on the north side and the designation on the future land use plan. Director of Community Development Lata Krishnarao stated immediately to the north are some trailer homes and regular homes. She further stated it was 2006 when the update for the future land use plan was completed and the area in discussion was part of the update. Discussion ensued between Councilmember Owens and Kevin Cole regarding the density requirement of homes. Councilmember Hill asked Kevin Cole if there is any intention of doing a cluster development or does he foresee in anyway of doing a cluster development. Kevin Cole stated there is no intention of doing a cluster development. He further stated what he has shown the City is what Beazer Homes wants to build. Page 10 of 13 — 2/25/2013 Discussion ensued between Councilmember Ordeneaux and Kevin Cole regarding leaving the zoning as an R-1 and go for a variance on lot width. Councilmember Ordeneaux asked Staff if there is anyway for that variance to come directly to Council instead of going to the Zoning Board. Director of Community Development Lata Krishnarao stated it can happen through a Planned Development. They can show you the layout and will draft their own regulations for that piece of property. She further stated the Ordinance would need to be changed. Councilmember Ordeneaux stated the only feasible way is to go through the Zoning Board. Councilmember Hill stated when an applicant requests a zoning variance and later decides to do a cluster development he would like for the request to come before City Council instead of the Planning and Zoning Board. Councilmembers Ordeneaux and Sherman stated they agree with Councilmember Hill. Mayor Reid asked Kevin Cole to speak on the two issues he is hearing the most which is smaller lots with cheaper homes and the traffic. Kevin Cole gave a summary of the development of the property north of Summer Breeze Drive, between Miller Ranch and Silver Lake Parkway. Assistant City Manager Mike Hodge stated Staff has had two meetings with the Developers Representative to discuss the traffic issues. He stated a Traffic Impact Analysis is required of the developer. Voting "Aye" Councilmembers Owens, Sherman, Ordeneaux, and Hill. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Sherrouse absent. NEW BUSINESS: COUNCIL ACTION — RESOLUTION NO. R2013-31 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING TEXAS HOUSE BILL 335 AUTHORIZING' ON-LINE PUBLICATION OF MUNICIPAL LEGAL NOTICES. City Council. Councilmember Sherman made the motion, seconded by Councilmember Hill, to approve Resolution No. R2013-31. Page 11 of 13 — 2/25/2013 Councilmember Sherman reported the current state law requires the City to publish legal notices and bids in the City's official newspaper. He stated if House Bill 335 passes it would allow publication of legal notices on the City's website. He further stated this will save the City money by not utilizing the newspaper for legal notices. Discussion ensued between Council regarding publication of legal notices on the website being the wave of the future and saving the City money. City Manager Bill Eisen reported this is a bill that has been filed into State Legislature. At this point there is no indication that hearings are going to be held. A couple of reasons are the newspaper industry has a very strong presence in the state and there will be some members of the Legislature that will be concerned for a number of people in the state that do not have internet access. Voting "Aye" Councilmembers Hill, Ordeneaux, Sherman, and Owens. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Sherrouse absent. COUNCIL ACTION — RESOLUTION NO. R2013-35 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENEWING BIDS FOR GROUNDS MAINTENANCE SERVICES. Mr. Bill Eisen, City Manager. Councilmember Ordeneaux made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2013-35. City Manager Bill Eisen reported Council is being asked to award a bid for grounds maintenance services to Landscape Professionals of Texas in the estimated annual amount of $89,958.61 and to OneSource Irrigation and Landscape, Inc. in the estimated annual amount of $43,471.00. Discussion ensued between Council, Parks and Recreation Director Michelle Smith and Purchasing Officer Bob Pearce regarding both companies operating fully within the current scope of their contracts. Voting "Aye" Councilmembers Owens, Sherman, Ordeneaux, and Hill. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Sherrouse absent. 1 Page 12 of 13 — 2/25/2013 COUNCIL ACTION — RESOLUTION NO. R2013-32 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENEWING A BID FOR LARGE WATER METER TESTING SERVICES. Mr. Bill Eisen, City Manager. Councilmember Hill made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2013-32. City Manager Bill Eisen reported Council is being asked to renew a bid award for large water meter testing services, along with required minor repair services to United Water Solutions Inc. with an estimated total expenditure for all services under this bid of approximately $76,250.00. Discussion ensued between Council and Purchasing Officer Bob Pearce regarding testing meters and the cost effectiveness of a vendor making minor repairs when needed. Voting "Aye" Councilmembers Hill, Ordeneaux, Sherman, and Owens. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Sherrouse absent. OTHER BUSINESS: None. ADJOURNMENT: Meeting was adjourned at 9:47 p.m. Minutes approved as submitted and/or corrected this the 25th day of March A.D. 2013. rr»-t Tom Reid Mayor ATTEST: VA71n rfing, YROQyam; &(,ty S etary Page 13 of 13 — 2/25/2013