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2002-09-23 CITY COUNCIL REGULAR MEETING MINUTES-- MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON SEPTEMBER 23, 2002, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Woody Owens Richard Tetens Charles Viktorin Larry Marcott Klaus Seeger Bill Eisen Darrin Coker Young Lorfing Others in attendance: Deputy City Manager Alan Mueller; Executive Director of Community Services Tobin Maples; Police Chief J.C. Doyle; City Engineer John Hargrove; Public Affairs Liaison Lynn Munford; Parks and Recreation Director Ed Hersh; Assistant City Attorney Nghiem Doan; Purchasing Officer Gordon Island; Project Director Joe Wertz; Executive Director Pearland Economic Development Corporation Fred Welch. The invocation was given by Reverend Barnett and the Pledge of Allegiance was led by Councilmember Seeger. MAYOR'S ACTIVITY REPORT Mayor Reid presented a proclamation to members of .the Pearland Rotary Club proclaiming October 2002 as "Trick -or -Treat for UNICEF Month." Mayor Reid presented a proclamation to Carol Artz Executive Director of the Pearland/Hobby Area Chamber of Commerce and Fred Welch Executive Director of the Pearland Economic Development Corporation proclaiming the week of September 23- 27, 2002 as "Salute To Industry Week." Mayor Reid stated on Wednesday, September 25, 2002 the two industries of the year will be honored at the Chamber Luncheon, one is TurboCare Houston and the other is Steel Supplies, Inc. TurboCare Houston is the Pearland representative and Steel Supplies, Inc. is the Hobby Area representative as chosen by the selection committee. Mayor Reid presented a proclamation to the President of the Southeast Shrine Club, J.D. Simmons proclaiming October 11-12, 2002, as "Shriners Hospital Days For Burned & Crippled Children." Page 1 of 22 — 9/23/2002 020 Mayor Reid reported on September 11 he attended the 9-11-01 Event at City Hall, Adult Reading Center Board of Directors Meeting and also attended 5 Patriot Day Services; September 12 attended a Ribbon Cutting at A.T.&T Wireless and Dynamic Rehabilitation Center, attended the United Way Luncheon and also attended the Pearland College Board Meeting; September 13 attended the Chamber Business Breakfast; September 14 checked on the Election progress; September 16 attended Council agenda meeting and also conducted a Special Council meeting and Workshop; September 17 attended the Houston Galveston Area Council Board of Directors Meeting and the Open House at the Adult Reading Center; September 18 attended the Wal-Mart Super Store Ribbon Cutting and September 18 through 21 attended the Texas Association Regional Councils of Government's Annual Meeting. COUNCIL ACTIVITY REPORTS Due to the length of the meeting the Councilmembers passed on giving their activity reports. CITY MANAGER'S REPORT City Manager, Bill Eisen, introduced Fred Welch the Pearland Economic Development Corporation Executive Director. He stated Mr. Welch has been with the City a week, and has spent the last four years with the Brazoria County Partnership. This will give him a great advantage of already knowing the County and the City. CITIZENS Bill Mooney, 2224 N. Austin, addressed Council and stated is a home builder in the City of Pearland primarily in the old Townsite. Mr. Mooney expressed his concerns regarding having.to pay Water Drainage fees for water detention for the new homes he is building. He further stated the fees in this town are getting pretty exorbitant. He is here to complain about them, and would like something done about the increase in fees to build a house in Pearland. John D. Mark, 1117 Nancy, addressed Council and stated he is rebuilding a home where he tore down a house in a subdivision with no sidewalks. He stated he is concerned about the requirement to have to build a sidewalk in an area where no sidewalks currently exist. Mr. Mark said he paid $250 to go before the Zoning Board of Adjustments to get a variance, which he did. Mr. Mark also reported on one of his neighbors where he is currently living who was also required to put in a sidewalk. Mr. Mark stated his neighbor was not familiar with the variance process. In closing he asked Council to review the Ordinance and see if there are any exceptions that can be added to the ordinance removing the requirement to build a sidewalk if there are not any sidewalks in the subdivision where the home is being constructed. He also suggested that the Permit Department advise the home builder of the variance procedure that is available if the home builder so desired. Page 2 of 22 — 9/23/2002 %2i DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the August 12, 2002, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the September 9, 2002, Regular Council Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — EXCUSE ABSENCE OF COUNCILMEMBER LARRY MARCOTT FROM THE REGULAR MEETING HELD ON SEPTEMBER 9, 2002. City Council C. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1078 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE AN EASEMENT FOR THE CONSTRUCTION OF WATER AND SEWER 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 WATER AND SEWER IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. D. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1079 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE AN EASEMENT FOR THE CONSTRUCTION OF WATER AND SEWER 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 WATER AND SEWER IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2002-149 - Page 3 of 22 — 9/23/2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN AGREEMENT WITH BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICTS NO. 21 AND NO. 22 FOR FIRE PROTECTION AND EMS SERVICES. Mr. Darrin Coker, City Attorney. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2002-156 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR DEMOLITION SERVICES ASSOCIATED WITH THE FEMA BUY-OUT PROGRAM. Mr. Gordon Island, Purchasing Officer G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2002-152 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE OILER DRIVE WATER LINE PROJECT. Mr. Bill Eisen, City Manager. H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2002-157 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR NEWSPAPER PUBLICATION SERVICES WITH A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY. Mr. Bill Eisen, City Manager. Consent Agenda Item F was removed from the Consent Agenda at the request of Councilmember Marcott for further discussion. Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to adopt Consent Agenda Items A through H, with the exception of item F, as presented on the Consent Agenda. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA Councilmember Marcott asked that Consent Agenda Item F be removed from the Consent Agenda for further discussion. F. COUNCIL ACTION — RESOLUTION NO. R2002-156 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR DEMOLITION SERVICES ASSOCIATED WITH THE FEMA BUY-OUT PROGRAM. Mr. Gordon Island, Purchasing Officer Page 4 of 22 — 9/23/2002 023 Councilmember Tetens made the motion, seconded by Councilmember Marcott, to approve Resolution No. R2002-156. Councilmember Marcott expressed his concerns regarding some of the vacant lots in the Corrigan Subdivision that have had structures demolished and still have not had the proper clean-up or dress -up of the lots. City Manager, Bill Eisen, advised that the demolition contracts have been tighten since some of the first structures were demolished. Some of the earlier contracts did not require specific clean up work to be done. Some of the things that still need to be done such as the gas lines are falling within the purview of the utility companies. The City will continue to pursue them aggressively to get their part of the project completed. Mr. Eisen also advised that the first cycle of mowing of the vacant residential lots started today. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS With concurrence of Council, Mayor Reid moved to the Item No. 15. COUNCIL ACTION — APPROVAL OF SITE CONCEPT PLAN FOR PROPOSED VETERAN'S MEMORIAL PARK. Mr. Ed Hersh, Parks and Recreation Director. Councilmember Viktorin made the motion, seconded by Councilmember Tetens, to approve the site concept plan for the proposed Veteran's Memorial Park as presented for use on City property. Bill Berger, President of the American Hero Foundation, stated that several members of the Foundation are in the audience as well as members from the Rotary Club. Mr. Berger gave a presentation of the concept plan for the proposed Memorial Park Project. This project is estimated to cost approximately $2.2 million. In closing he stated now there is a drawing, a plan, and the amount for the Project, and now the Foundation can start raising the funds for the project. Mayor Reid stated Pearland Parkway is great location. He also stated that every member on Council has served in the Military. Additional discussion ensued between Council, and Mr. Berger regarding the Veterans Memorial Park Project. Page 5 of 22 — 9/23/2002 24 Terrie Morgan, American Hero Foundation & Pearland Rotary Club, addressed Council and stated it has been an experience to work on this committee. It has been a collaborative effort between four organizations that are coming together to present something really great for the City which includes the Pearland Historical Society, Rotary Club, City Parks and Recreation Department and .the Pearland V.F.W. This Project will bring a lot of pride to the City as well as honor to those that have served. In closing Ms. Morgan asked the Council for their support of the project. Naomi Stevens, Shadycrest Street, stated she is a part of this effort to help raise the money. There is a place for everybody there. The various organizations can have their names displayed at the Veteran's Memorial Park. The Rotary Club has given the first $10,000. Ms. Stevens thanked the Councilmembers that are Veterans for serving our Country. In closing Ms. Stevens asked for Council's support. Bill Berger, stated with Council's approval the Foundation will move forward with the fund raising. A brochure has been designed and is ready to go to press, a firm has been selected that is experienced with fund raising and that will be a great help with the fund raising effort. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. With concurrence of Council, Mayor Reid moved back to the Item No. 1 on the agenda. COUNCIL ACTION — RESOLUTION NO. 2002-148 -A RESOLUTION OF THE CITY COUNCIL OF THE.. CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #12 SUPPLEMENT #1 FOR ENGINEERING SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Owens made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2002-148. City Manager, Bill Eisen, stated the proposed action relates to further engineering design on Walnut Street. The Council will recall that one of the projects in the Bond program is the improvement of Walnut Street from Houston to Veterans. The specific work that is being considered is plan specification estimates, a traffic design, and also a storm water design for the project. The proposed subcontractor is Lockwood, Andrews and Newnam, Inc. Jean Rader, 2626 O'Day Road, addressed Council and stated she is concerned specifically with the Resolution No. 2002-148. Ms. Rader further stated in reviewing the Page 6 of 22 — 9/23/2002 u2 resolution's exhibit it seems to be a request on behalf of Turner, Collie, and Braden for more money out of the Drainage Bond Program. Ms. Rader asked if Resolution No. 2002-148 was for drainage or transportation? In closing Ms. Rader stated if Resolution No. 2002-148 has anything to do with the Pearland Mobility Drainage Bond Program she protest additional money being paid out on this project until everyone can sit down, and there is a Hatfield Road Committee that can discuss the issue. She also reported there was a presentation by Turner, Collie and Braden, but no contact has been made to meet with anyone from the Committee. On behalf of the Hatfield Committee she is making the request for a meeting with City Officials. City Manager, Bill Eisen, explained that there are two different parts of the Bond program. There is the Drainage and the Road Construction. The funding is out of the road project portion of the bond program not the drainage portion. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No". None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-607 - AN `ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 4.951 ACRES, A-219 OF THE HT&BRR COMPANY SURVEY, TRACT 10A, RECORDED IN VOLUME (88) 570, PAGE 393, OF THE OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1061) (1617 GARDEN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M- 1) AT THE REQUEST OF, THOMAS K. STONEMAN AND BETTY STONEMAN, AGENT FOR TEXAS UNDERGROUND, INC., OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to table Ordinance No. 509-607 (Application No. 1061) to allow Staff to discuss with the Applicant the possibility of applying for a Planned Unit Development. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to Council to approve (Application No. 1061). Cynthia Pate, 1622 Garden Road, addressed Council and stated she is concerned about the noise from the tools and machines, the large amount of truck traffic, the Page 7 of 22 — 9/23/2002 026 honking of the horns from the trucks, and living with a crunched mail box. For all those reasons she is opposed to this land use. Brief discussion ensued between Council and Staff regarding the proposed land use change. After the discussion Council recommended tabling this action to allow Staff to discuss the possibility of a Planned Unit Development with the applicant. Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Seeger. Voting "No" Councilmember Viktorin. Motion Passed 4 to 1. FIRST READING OF ORDINANCE NO. 509-608 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY AND GRANTING A SPECIFIC USE PERMIT FOR OUTSIDE STORAGE, ON THE FOLLOWING PROPERTY, BEING 4.9990 ACRES, BEING THE SOUTH 1/2 OF LOT 3, AND 4.990 ACRES BEING THE NORTH 1/2 OF LOT 3 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBURBAN GARDENS SUBDIVISION OF SECTION 19, H.T.& B.R.R. COMPANY SURVEY, A- 243, ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 2, PAGES 23- 24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION 1064)(SPECIFIC USE NO. 112) (1805 CULLEN BOULEVARD TO 1855 CULLEN �-- BOULEVARD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO COMMERCIAL DISTRICT - SPECIFIC USE (C(S)) AT THE REQUEST OF GIL ALLISON, AGENT FOR ALLISON INVESTMENTS, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Owens, to approve Ordinance No. 509-608 (Application No. 1064)(Specific Use No. 112) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to Council to approve (Application No. 1064)(Specific Use No. 112). City Manager, Bill Eisen, stated the proposed zoning change will allow for bringing in an existing business in to conformance with regard to outside storage that is utilized as part of the business. Councilmember Tetens asked what is going to be stored outside. Page 8 of 22 — 9/23/2002 U27 Gil Allison, Agent for Allison Investments, stated he would not be asking for a Specific Use Permit if there was not a R-1 residence against his property. He stated according to the City rules he has to ask for Specific Use Permit to continue conducting his business as he has in the past. He further stated he is not adding anything to his property. Currently, outside he has three containers that he has stuff stored in them, there is a fenced in area that he has heavy equipment stored in that he personally and his tenants uses. He further stated he does not have any water or sewer from the City and he cannot continue what he is doing. Brief discussion ensued between Council and Mr. Allison regarding the land use change. Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin. Voting "No" Councilmember Tetens. Voting "No" None. Motion Passed 4 to 1. FIRST READING OF ORDINANCE NO. 509-609 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 0.6740 ACRES, OUT OF THE H.T.& B.R.R. COMPANY SURVEY, A-546, BRAZORIA COUNTY OFFICIAL RECORDS, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1062)(3806 HARKEY ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO OFFICE PROFESSIONAL DISTRICT (OP) AT THE REQUEST OF BENNIE R.___ MORGAN, AGENT FOR ELIZABETH M. BAINS, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to approve Ordinance No. 509-609 (Application No. 1062) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to Council to deny Application No. 1062. City Manager, Bill Eisen, stated the intent of this lane use change is to allow for the conversion of an existing residential structure into a Day Care facility. The Planning and Zoning Commission has recommended denial and as a result of that a three-quarter vote by Council will be required to approve the request. One of the issues of concern to Page 9 of 22 — 9/23/2002 028 the Planning and Zoning Commission was that a similar type of use would be allowed in the residential zoning, with a Specific Use Permit approved by the City Council. That was a major factor in the consideration of the Planning and Zoning Commission. Mr. Eisen further stated it is his understanding that the Applicant has filed an application for a Specific Use Permit in the event that this land use change is not approved. Brief discussion ensued between Council regarding this land use change. Voting "Aye" Councilmembers Viktorin and Owens. Voting "No" Councilmembers Tetens, Marcott and Seeger. Motion Failed 3 to 2. FIRST AND ONLY READING OF ORDINANCE NO. 509-610 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 527.062 ACRES OUT OF THE D.H.M HUNTER SURVEY, A-76, BRAZORIA COUNTY, TEXAS, A-36 HARRIS COUNTY, TEXAS, H.T.& B.R.R. SURVEY, A-233, BRAZORIA COUNTY, TEXAS; 15.755 ACRES, LOTS 30-32, 39, AND 40, AND 6 ACRES OUT OF LOTS 42 AND 43 WALCOTT'S SUBDIVISION, BRAZORIA COUNTY, TEXAS; (OLD ALVIN ROAD AT MCHARD ROAD) (APPLICATION NO. 1052) FROM CLASSIFICATION PLANNED UNIT DEVELOPMENT (PUD) TO PLANNED UNIT DEVELOPMENT (PUD) AN AMENDMENT TO REMOVE THE GOLF COURSE AT THE REQUEST OF KERRY GILBERT & ASSOCIATES, AGENT FOR BEAZER HOMES U.S.A., OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; 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. Tobin Maples, Executive Director of Community Services. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to approve Ordinance No. 509-610 (Application No. 1052) on its and only first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to Council to approve Application No. 1052. City Manager, Bill Eisen, stated Beazer Homes had initially come to the City Council requesting zoning on this property two years ago. At the time the Plan called for the construction of a golf course. For various reasons that golf course will not be built at this point and time. The area that previously would have been a golf course will now Page 10 of 22 — 9/23/2002 uz9 include open space and lakes. Councilmember Tetens stated that originally this subdivision was laid out with 770 lots and could have up to 800. Now they are asking for 835 lots. This does increase the density, however, the good side is less R -4's and more R -2's. The City is getting an upgraded subdivision even though you are getting more residents in it. Councilmember Marcott asked if the out -partial on Old Alvin has been obtained. Dan Olsen, Beazer Homes, stated he was not able to get the out -partial. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-615 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 40 ACRES, LOCATED IN THE F.B. DRAKE SURVEY, H. T. & B. R.R. COMPANY SURVEY, SECTION 14, A-509, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1050)(NORTHEAST CORNER OF HARKEY AND BAILEY ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO PLANNED UNIT DEVELOPMENT (PUD) AT THE REQUEST OF PETER BOESCHER, AGENT FOR KIRBY RUN AND ASSOCIATES, INC., OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY. CLAUSE, -AN K .; EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Mayor Pro -Tem Owens made the motion, seconded by Councilmember Viktorin, to approve Ordinance No. 509-615 (Application No. 1050) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to Council to approve Application No. 1050. City Manager, Bill Eisen, stated this property is located at the northeast corner of Harkey and Bailey. There were some concerns expressed by the neighbors in the area. It is his understanding the Developer has met with those neighbors and incorporated some of those concerns into the revised documents that the Developer has submitted. Peter Boecher, 515 Post Oak Boulevard, addressed Council and stated that Mr. Nys the developer of the property has spent considerable time, meeting and contacting the Page 11 of 22 — 9/23/2002 W home owners in response to their initial comments in the Joint Public Hearing. It is the developer decision to further limit the permitted retail uses in the Neighbor Services District. Specifically, convenience stores and gas stations are now prohibited in that district. The second point with regard to the residential portion of the Planned Unit Development is trying to change the typical lot shape and provide more common open space. Additional discussion ensued between Council, Mr. Boecher and Mr. Nys, regarding the Planned Unit Development. Councilmember Tetens stated he likes the layout of the development, but does not like that fifty percent is R -3's and fifty percent is R-2 lots. He further stated a large portion is R-3 lots and is against that much density. Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin. Voting "No" Councilmember Tetens. Motion Passed 4 to 1. FIRST READING OF ORDINANCE NO. 509-611 - AN' ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING LOT 8 OF . BETHEL SUBDIVISION SECTION 1, BRAZORIA COUNTY, RECORDED IN VOLUME 19, PAGES 223-224 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1059) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF JOSEPHINE SAM, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-611 (Application No. 1059) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to Council to approve Application No. 1059. City Manager, Bill Eisen, stated this land use change if approved would allow for the construction of one single-family home. Page 12 of 22 — 9/23/2002 U3. Upon concurrence from the City Attorney, Mayor Reid stated the following three items will be read and acted upon together. FIRST READING OF ORDINANCE NO. 509-612 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING ROBIN COVE SUBDIVISION SECTION 2, A-234, H.T.& B.R.R. COMPANY SURVEY, BLOCK 1, LOT 10, ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 19, PAGE 185 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1060) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-1) AT THE REQUEST OF RICTOR AND CAROLINE HARRIS OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. FIRST READING OF ORDINANCE NO. 509-613 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING BLOCK 1, LOT 76, SOMERSETSHIRE ESTATES A-304 H.T.& B.R.R. (9622 CAMELOTS COURT) (APPLICATION NO. 1063) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-1) AT THE REQUEST OF SANTOS CRUZ, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. FIRST READING OF ORDINANCE NO. 509-614 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 48.2221 ACRES, BEING ALL OF TRACT 1 AND A PORTION OF TRACT 2, OF THE B.M. JAMISON TRACT, SITUATED IN SECTION 1 OF THE A.C.H. & B. SURVEY, A-147, AND THE T.D. YOCUM SURVEY, A-399, BRAZORIA COUNTY TEXAS (JOHN LIZER AT PEARLAND PARKWAY)(APPLICATION NO. 1051)FROM CLASSIFICATION SUBURBAN DEVELOPMENT BUSINESS DISTRICT (SDB) TO SINGLE FAMILY DISTRICT (R-1) AT THE REQUEST OF KEN CAFFEY, AGENT, FOR AMVEST PROPERTIES, INC., OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE Page 13 of 22 — 9/23/2002 U32 DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Owens, to approve Ordinance No. 509-612 (Application No. 1060), Ordinance No. 509-613 (Application No. 1063) and Ordinance No. 509-614 (Application No. 1051) on their first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to Council to approve Application Nos. 1060, 1063 and 1051. Ken Caffey, 1013 North Amy, addressed Council regarding Ordinance No. 509-614 (Application No. 1051). Mr. Caffey stated he has been before the Council a couple of times on this same property. Previously Amvest requested R-2 and then went back to the Planning and Zoning Commission and requested the R-1. The main thing considered is the zoning around the property. To the south is R-3 and to the east is General Business and to the west is R-2, therefore, he feels that R-1 is over justified, but is willing to go to R-1 zoning. Councilmember Tetens stated he hopes Amvest does a good job on the layout of the R -1's in order to make a decent looking subdivision with rio""cookie cutter" homes. Robert D. Burgess, 2704 Pine Cone Lane, Council regarding Ordinance No. 509-614 (Application No. 1051). He stated he owns property adjacent to the tract that is being considered for rezoning, and he is in support of the land use change to R-1. Brief discussion ensued between Council, Mr. Caffey and Mr. Burgess 'regarding the Amvest Development as well as the streets in and out of the proposed subdivision and the access to Pearland Parkway. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2002-151 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT WITH VMC PARTNERS, LTD. FOR COST SHARING ASSOCIATED WITH EXTENSION OF PEARLAND PARKWAY. Mr. John Hargrove, City Engineer. Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to approve Resolution No. R2002-151. City Manager, Bill Eisen, stated if a developer develops a piece of property adjacent to Page 14 of 22 — 9/23/2002 033 a road shown on the proposed Thoroughfare Plan and that road does not exist in its proposed final configuration the developer is responsible for either constructing half of -_ that roadway at the time of development, or escrowing the funds so it can be built at some time in the future. In this particular circumstance, the developer has chosen to go forward with the construction of the appropriate section of Pearland Parkway. There are some things the City would like to see oversized in conjunction with this project more specifically any drainage requirements in the area. The cost to the City of the over sizing at this time is $22,885. The agreement Council is considering this evening would set forth all the terms and circumstances of that over sizing agreement. Councilmember Marcott asked about future water and sewer line in that area as it progresses toward Dixie Farm Road? City Manager, Bill Eisen, stated the Developer under the Thoroughfare Plan is required to construct the road. If developer further down wanted water and sewer service for their facility they would be required to extend the service if it was not extended by this developer. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2002-154 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT WITH R H OF TEXAS, LIMITED PARTNERSHIP FOR THE EXTENSION OF SCHLEIDER DRIVE. Mr. Bill Eisen, City Manager. - Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to approve Resolution No. R2002-154. City Manager, Bill Eisen, stated this is similar situation to the last agreement. This is on Schleider Drive. In this particular circumstance one side of the proposed extension has already been developed, therefore, it would be the City's responsibility to build the other half of the street. This agreement that is being considered as in the last case sets forth the provisions for the City paying half of the cost of the already developed side and the Developer paying the other half of the cost. The right-of-way in this case already exists and has for sometime. The City's share for constructing half of the cost of the improvements is approximately $116,609.65. Brief discussion ensued between Councilmember Marcott and City Manager Bill Eisen regarding the need for a road that will connect to Barry Rose. Page 15 of 22 — 9/23/2002 U34 Mr. Eisen gave a brief overview of the Thoroughfare Plan and stated if the Council desires the City could pursue Plum Street or Orange Street to be cut through to Barry Rose. City Engineer, John Hargrove, reported that the plat has been approved. The Traffic Impact Analysis showed the traffic to Pearland Parkway, through the extension of Orange Street. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2002-150 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT WITH PT&T, LTD. FOR THE ACQUISITION OF PROPERTY ASSOCIATED WITH THE WEST MARY'S CREEK DETENTION PROJECT. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Owens made the motion, seconded by ' Councilmember Tetens, to approve Resolution No. R2002-150. City Manager, Bill Eisen, stated this proposed agreement provides for the acquisition of two tracts of land that are located near West Mary's Creek. One tract of land would be used for a detention facility. A combination of detention for the development that will occur as part of the project proposed by JNB & R and the second part of the detention usage would be involved is the overall detention facility to be built on this tract of land would be tied into the. West Mary's Creek detention facility. Which is one of the facilities to be funded by the Bond Issue approved by voters last year. The second tract of land addressed in this agreement would be a section of right-of-way needed for -a future extension of Magnolia Drive. Brief discussion ensued between Council and Mr. Eisen regarding the funding of the project. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — APPROVAL OF CONCEPT PLAN FOR PROPOSED ZYCHLINSKI/OLD TOWN SITE PARK. Mr. Ed Hersh, Parks and Recreation Director. Page 16 of 22 — 9/23/2002 03 Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Owens, to approve the concept plan for proposed Zychlinski/Old Townsite Park. City Manager, Bill Eisen, gave a brief history of the Zychlinski/Old Townsite Park project. He also stated that the Pearland Historical Society is still in support of the design configuration as presented to Council. John Mark, 1117 Nancy, addressed Council and stated he appreciated Luther Cunningham being present for the meeting. Mr. Cunningham is the First Vice President of the Pearland Historical Society. Mr. Mark reported this item has been discussed by the Historical Society for the last five years. He further stated Mr. Hersh, Parks and Recreation Director, presented the concept plan and the drawings to the Executive Committee and they were unanimous in the approval of the plan. Two things the Historical Society would like to see when the park is open. One being a memorial of some sort to the "Townsite residents" the pioneers of this town. Second is place a time capsule down at the time the park is dedicated. We would have history from 1894 to present placed in the time capsule. Additional discussion ensued between Council, Mr. Eisen and Ed Hersh, regarding the concept plan and drawing. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2002-155 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF-PEARLAND, TEXAS, AUTHORIZING. THE CITY'S_ PARTICIPATION IN A FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE MYKAWA ROAD AND BRIDGE PROJECT. Mr. Bill Eisen, City Manager. Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Owens, to approve Resolution No. R2002-155. City Manager, Bill Eisen, stated this item dates back a few years ago, when the City and TxDOT entered into an agreement for improvements to Mykawa Road including construction of a bridge as well as some roadway improvements. Mr. Eisen also reported on some additional increases in costs that TxDOT has indicated to the City. Project Manager, Joe Wertz, gave a brief presentation to Council regarding the changes in cost of the project to the City. Page 17 of 22 — 9/23/2002 036 Brief discussion ensued between Council, Mr. Eisen, and Mr. Wertz regarding the Mykawa Road project. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — REMOVE FROM TABLE ORDINANCE NO. 1072. City Council. Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to remove Ordinance No. 1072 from the table. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 11012'— AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF LANDSCAPING IMPROVEMENTS AND A GAZEBO INTO THE CITY'S RIGHTS -OF WAY OF MAGNOLIA ESTATES BOULEVARD IN THE CITY OF PEARLAND. Mr. Darrin Coker, City Attorney. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Owens, to approve Ordinance No. 1072 on its first and only reading. City Manager, Bill Eisen, stated these proposed encroachments are a gazebo that would be at the entrance to a subdivision and also the area within the median would be raised by thirty inches as well, and a median column along with the gazebo would be installed. Reid Johnson, MDE Properties, Inc. gave a brief presentation regarding the median column and the gazebo that would be installed at the entrance of their subdivision. Discussion ensued between Councilmember Marcott and Mr. Johnson regarding the types of trees being proposed in the plans. Councilmember Marcott asked Mr. Johnson to consider a variety of trees, because he would hate to see them loose the same type of trees to disease as they did in the mid -west with Dutch Elm disease. Mr. Johnson stated he will consider the recommendation and will check with the Park's department regarding their recommendation of trees. Page 18 of 22 — 9/23/2002 037 Brief discussion ensued between Councilmember Viktorin and City Attorney Darrin Coker regarding the City's liability to have a gazebo placed on City property. Mr. Coker advised there are protective covenants that have to be executed by the person requesting the waiver. There is a quite lengthy clause that is in bold that they have to agree and sign. It is a wavier and hold harmless agreement with an indemnity provision as well. If the City is sued or a third party is involved in the lawsuit the City would be indemnified. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2002-153 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DESIGNATING REPRESENTATIVES TO THE HOUSTON-GALVESTON AREA COUNCIL 2003 GENERAL ASSEMBLY AND BOARD OF DIRECTORS. Mr. Darrin Coker, City Attorney. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to approve Resolution No. R2002-153 appointing Mayor Reid as Representative and Mayor Pro -Tem Owens as Alternate Representative to the General Assembly of the Houston Galveston Area Council for the year 2003 Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — REGARDING THE CASTING OF VOTES FOR THE TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL BOARD OF TRUSTEES ELECTION. Mayor Tom Reid. Mayor Pro -Tem Owens made the motion, seconded by Councilmember Viktorin, to cast the City's vote for Place 1 Robert T. Herrera, City Manager, City of LaPorte (Region 14), Place 2 Makia Epie, Councilmember, City of Cedar Hill (Region 13), Place 3 Wayne Collins, Mayor, City of Dimmitt (Region 2) and Place 4 Rickey C. Childers, City Manager, City of Longview (Region 5) to serve on the Texas Municipal League Intergovernmental Risk Pool Board of Trustees. Mayor Reid stated there are two Risk Boards with the Texas Municipal League. One is for Medical, Life and Dental Insurance and the other is for Workers' Compensation and Liability. Mayor Reid reviewed the ballot with Council regarding the election of members Page 19 of 22 — 9/23/2002 U� for Places 1-4 on the Texas Municipal League Intergovernmental Risk Pool (Workers' Compensation, Property and Liability) Board of Trustees. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1080 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A TEMPORARY MORATORIUM ON THE ISSUANCE OF PERMITS FOR THE LOCATION OF BUSINESSES ESTABLISHED FOR THE PURPOSE OF OPERATING EIGHT -LINER MACHINES. Mr. Darrin Coker, City Attorney. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Owens, to approve Ordinance No. 1080 on its first and only reading. City Manager, Bill Eisen, gave a brief overview of what an Eight -Liner machine is stating it looks similar to a slot machine. He further stated those kinds of machines are not illegal in the State of Texas but they can be used illegally if they violate State Gambling Statues. There have been a number of circumstances in the State where these kinds of machines in establishments that are for the playing of these machines have been used illegally. Mr. Eisen stated he wants to emphize that nobody is saying they are being used illegally in the City at this point. There is no evidence to indicate that. There are two establishments and a third on the way. This is a good time to review the City's ordinances that relate to these kinds of uses. The City will take time and look at the uses and the types of restrictions that may need to be placed on the machine What is being proposed is a moratorium on any new Eight -Liner establishments going into the City until there has been an opportunity to review everything. City Attorney, Darrin Coker, stated he is going to recommend a two-pronged means of enforcement. One is through the Land Use Ordinance by regulating the location of such establishments and also requiring such be only granted through a Specific Use Permit. The second means of enforcement would be through a actual regulation ordinance that would require the registration of such machines, all machines whether a single machine in a convenience store or actual establishment for the purpose of operating these machines. The machines would have to registered also pay any tax or fees that will associated with the machines. Mr. Coker further stated as Mr. Eisen stated the City cannot prohibit the machines but the City can regulate the location of businesses. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Page 20 of 22 — 9/23/2002 Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 10:30 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 — PERSONNEL MATTERS: REGARDING APPOINTMENTS TO SERVE ON THE ZONING BOARD OF ADJUSTMENTS. City Council. 2. SECTION '551.072 — DISCUSSION WITH CITY ATTORNEY — REGARDING THE ACQUISITION OF PROPERTY FOR A FUTURE FIRE/POLICE STATION. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:25 p.m. COUNCIL ACTION — REGARDING APPOINTMENTS TO SERVE ON THE ZONING BOARD OF ADJUSTMENTS. City Council. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Owens, to appoint Dale Pillow to term beginning September 2002 expiring April 2004, Richard Cimprich will be reappointed beginning September 2002 expiring April 2004, Anne Talbot will be appointed to un -expired term expiring April 2003 and appointment Willard Briley from Alternate member to Regular Board Member for a term beginning September 2002 expiring April 2004: Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — INSTRUCTION TO THE CITY ATTORNEY REGARDING THE ACQUISITION OF PROPERTY FOR A FUTURE FIRE/POLICE STATION. City Council. Council passed this item with no action taken. Page 21 of 22 — 9/23/2002 04 ADJOURNMENT Meeting was adjourned at 11:26 p.m. Minutes approved as submitted and/or corrected this the 14th day of October, 2002. IL Tom Reid Mayor ATTEST: Page 22 of 22 — 9/23/2002