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2003-01-27 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 27, 2003, 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 225 Others in attendance: Deputy City Manager Alan Mueller; Executive Director of Community Services Tobin Maples; City Engineer John Hargrove; Public Affairs Liaison Lynn Munford; Director of Finance Mary Ross; Parks & Recreation Director Interim Greg Moore; Public Works Director Jerry Burns; Purchasing Officer Gordon Island; Project Director Joe Wertz; Deputy City Secretary LaKeisha Cannon -Scott; Administrative Analyst Chris Kidwell; Pearland Economic Development Marketing Manager Will Benson. The invocation was given by Councilmember Viktorin and the Pledge of Allegiance was led by Councilmember Tetens. MAYOR'S ACTIVITY REPORT Mayor Reid introduced former Councilmember Helen Beckman. Helen Beckman addressed Council and stated she is currently a representative for Keep Pearland Beautiful. Ms. Beckman invited Council to attend the gathering of information for the Litter Index on February 8, 2003. She stated the Litter Index is to help keep the Pearland Community clean and each year the coverage area is the same in order to compare litter amounts in certain areas annually. Ms. Beckman stated Keep Pearland Beautiful is trying to educate the community on litter control and this would decrease the litter amount in Pearland. The Litter Index process will start at 7:30 a.m. and end approximately 10:30 a.m. on Saturday, February 8, 2003. She stated Keep Pearland Beautiful is currently working to improve the hike and bike trails in Pearland. The Tour-De-Lites Bike Ride raised $847 to go towards the hike and bike trail fund. She stated additional grants are currently being processed, raising the total hike and bike trail fund to $6,609.55. Ms. Beckman stated the committee has a recommendation Page 1 of 14 — 1/27/2003 22n to the City for consideration in extending the hike and bike trail along Mykawa Road. Mayor Reid reported on January 15 he attended the Brazoria County Cities Association Meeting; January 16 he attended a Ribbon Cutting Ceremony for Home Depot and the Gulf Coast Water Authority Board of Directors Meeting; January 18 he attended the Adult Reading Center Annual Meeting, Adult Reading Center Board of Directors Meeting, and the Volunteer Fire Department Annual Meeting and Awards Banquet; January 20 he attended a Council Public Hearing; January 21 he attended the Houston Galveston Area Council Board of Directors Meeting, School District ESL Graduation Event, and the Library Board of Directors Meeting; January 22 he attended the Alvin/Manvel Chamber of Commerce Meeting, Golf Crest Country Club Reception, and met with Graig Sackett -Executive Director Brazoria County Partnership; January 23 he attended the PISD Education Focus Conference; January 24 he attended the HGAC Transportation Policy Council Board of Directors Meeting; January 25 he attended the Council Workshop on planning. COUNCIL ACTIVITY REPORTS Councilmember Tetens stated his concerns regarding additional traffic in the Shady Crest Subdivision. He stated he feels the intersection of Yost, Broadway, and Shady Crest should not be extended into the Shady Crest Subdivision. He requested a Council Workshop for further discussion. Councilmember Viktorin reported on January 11 he attended a Council Retreat; January 16 he attended the Ribbon Cutting Ceremony for Home Depot; January 25 he attended a Workshop on zoning and land use. Mayor Pro -Tem Owens stated he also has concerns regarding the proposed extension of Yost Road into the Shady Crest Subdivision and he opposes the proposed extension. He invited the citizens to attend the State of the City on February 19, 2003 at 11:30 a.m., at the Golfcrest Country Club. Councilmember Marcott reported on January 21 he attended the Barry Rose Public Meeting. He stated the meeting gave the citizens an opportunity to get information on the Barry Rose Project. He stated on January 24 he attended a Super Bowl Party given by the Parks & Recreation Department for 5th -8 th grade community kids. Councilmember Seeger reported on January 18 he attended the Volunteer Fire Department Annual Meeting and Awards Banquet; January 25 he attended a Workshop on zoning and land use. Page 2 of 14 — 1/27/2003 227 CITY MANAGER'S REPORT City Manager, Bill Eisen, stated the Bailey Road Public Meeting would be on January 28, 2003, and the Yost Road Public Meeting on January 30, 2003. He stated the purpose of the meetings is to inform the public with information regarding City projects for Bailey Road and Yost Road. He stated that Ed Hersh Parks Director has resigned from his position. The City currently has an open position for a new Parks Director. CITIZENS Misty Yarneau, 3705 Longherridge Drive, addressed Council and stated she is the new President of Shady Crest Homeowners Association. She addressed her concerns regarding traffic in the Shady Crest Subdivision. Ms. Yarneau stated due to district changes Shady Crest Elementary has received an increase in students. She stated this has caused an increase of traffic and speeding in the community. She further stated the Shady Crest Homeowners Association hired off-duty police officers to patrol the area and 33 stops were made during a 12 - hour patrol. She stated the community is currently asking for the support of the City regarding funding for traffic improvement. Ms. Yarneau further stated her concerns for the City's project on Yost Road. Linda Cowls, 3412 Shady Crest, addressed Council and stated her concerns regarding additional traffic in Shady Crest. She stated she is a member of the Shady Crest Homeowners Association and is currently seeking some assistance with the increased traffic in the area. She stated the Shady Crest Homeowners Association does not have the funds available to handle the traffic concerns. Ms. Cowls stated the community paid to have the area patrolled by police officers and feel they should not have to pay for this service. She further stated her concerns about the Yost Road Project. Michael Klaus, 5016 Groveton, addressed Council and stated he attended the City's Zoning and Land Use Meeting and the Strategic Planning Meeting held the past week. He stated his opinion of the Bond Program being placed on the City Goals for 2003. Mr. Klaus further stated he would like Council to ensure the City's growth for the future by having a good water supply in place. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the October 29, 2002, Public Hearing held at 7:30 p.m. 2. Minutes of the November 4, 2002, Joint Public Hearing held at 6:30 p.m. Page 3 of 14 — 1/27/2003 M 3. Minutes of the November 5, 2002, Joint Public Hearing held at 7:00 p.m. 4. Minutes of the January 6, 2003, Public Hearing held at 6:30 p.m. 5. Minutes of the January 6, 2003, Special Council Meeting held at 6:45 p.m. 6. Minutes of the January 13, 2003, Regular Council Meeting held at 7:30 p.m. 7. Minutes of the January 20, 2003, Special Meeting held at 6:00 p.m B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1091 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REVISING THE CAPITAL IMPROVEMENTS PLAN FOR THE CITY OF PEARLAND; UPDATING IMPACT FEES IN ACCORDANCE WITH STATE LAW; MAKING CERTAIN FINDINGS; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE. Mr. Alan Mueller, Deputy City Manager. C. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE SHADOW CREEK RANCH — SCR SF -1. Mr. John Hargrove, City Engineer. D. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE SHADOW CREEK RANCH — SCR VILLAGE 1. Mr. John Hargrove, City Engineer. E. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE SHADOW CREEK RANCH — SCR VILLAGE 5. Mr. John Hargrove, City Engineer. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AND ADOPTING THE GOALS PROMULGATED DURING THE CITY'S 2003 ANNUAL PLANNING WORKSHOP. Mr. Bill Eisen, City Manager. Councilmember Tetens asked that Consent Agenda Item E be removed from the Consent Agenda for further discussion. Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to adopt Consent Agenda Items A through F, with the exception of item E, as presented on the Consent Agenda. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Page 4 of 14 — 1/27/2003 Voting "No" None. Motion Passed 5 to 0. 2 2 9 MATTERS REMOVED FROM CONSENT AGENDA Councilmember Tetens asked that Consent Agenda Item E be removed from the Consent Agenda for further discussion. E. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE SHADOW CREEK RANCH — SCR VILLAGE 5. Mr. John Hargrove, City Engineer. This item was passed with no Council action taken, due to misplacement on the Agenda. NEW BUSINESS COUNCIL ACTION — REMOVE FROM TABLE ORDINANCE NO. 509-631. City Council. Councilmember Viktorin made the motion, seconded by Councilmember Tetens, to remove Ordinance No. 509-631 from the table. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-631 - 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 11.64 ACRES, BEING A PORTION OF LOT 178, ZYCHLINSKI SUBDIVISION, SECTION 28, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 551, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1073) (4501 DIXIE FARM ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF, STEVE ROBINSON, AGENT FOR JESSE G. ZAMARRON, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE Page 5 of 14 — 1/27/2003 230 DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to approve Ordinance No. 509-631 (Application No. 1073) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 1073. City Manager, Bill Eisen, stated Council previously deferred action on the item due to property being occupied prior to the owner having the correct zoning of the property. Councilmember Marcott stated he has some concerns and questions to address to the owner of the property concerning the City's codes and regulations. He stated the owner did not conform to City regulations and he has some reservations about considering the owner's application. Jesse Zamarron, owner of the property, addressed Council and stated he has been currently educated about the City's codes and regulations. He stated there was some miscommunication with his tenant about having the correct permits while leasing the property. Mr. Zamarron stated since the misunderstanding, he made the tenant relocate due to breaking City codes. He stated it did take a while before his tenant was able to completely move out, but now the property is currently cleared and unoccupied. He stated he wishes to clean up the property and get it rezoned for development. Councilmember Seeger stated he would support a M-1 rezoning, but would not support a M-2 due to heavy industrial causing problems for the surrounding areas. Lengthy discussion ensued among Council, Staff, and Mr. Zamarron regarding the rezoning of the property. Councilmember Marcott made the motion, seconded by Councilmember Seeger, to table Ordinance No. 509-631 (Application No. 1073) on its first reading. Voting "Aye" Councilmembers Marcott and Seeger. Voting "No" Councilmembers Tetens, Viktorin, and Owens. Motion Failed 3 to 2. Further discussion ensued among Council regarding the land use zoning change. Page 6 of 14 — 1/27/2003 2-3. Mayor Reid called for a vote on the original motion to approve Ordinance No. 509-631 (Application No. 1073) on its first reading. Voting "Aye" Councilmembers Marcott, Owens, Viktorin, and Tetens. Voting "No Councilmember Seeger. Motion Passed 4 to 1. COUNCIL ACTION - RESOLUTION NO. R2003-8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #1 SUPPLEMENT #6 FOR PROGRAM MANAGEMENT AND PRELIMINARY ENGINEERING SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM (MISCELLANEOUS PROJECTS GROUP 2). Mr. Bill Eisen, City Manager. Mayor Pro -Tem Owens made the motion, seconded by Councilmember Viktorin, to approve Resolution No. R2003-8 in the amount of $16,258. City Manager, Bill Eisen, stated this item is considering an agreement between the City and Turner, Collie and Braden providing engineering services for the City's current road projects. He further stated the amount for the engineering services would be $16,258. Clarification of the contract date from January 7th to January 27th will be changed by City Manager, Bill Eisen. Mayor Pro -Tem Owens stated his concerns about the program management and construction services. City Manager, Bill Eisen, clarified the original contract and the percentages entered into the contract. He stated Council would receive contracts on a case by case basis due to the extent of the services provided by Turner, Collie and Braden. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2003-9 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RATIFYING AN EMERGENCY EXPENDITURE FOR THE REHABILITATION OF THE MCLEAN WATER WELL. Mr. Jerry Burns, Public Works Director. Page 7 of 14 — 1/27/2003 23'. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Owens, to approve Resolution No. R2003-9 in the amount of $74,562.83. City Manager, Bill Eisen, stated this item is for consideration of emergency repairs to the.water pump station. He stated the total cost of the project would be $74,562.83. Councilmember Marcott asked about the other water wells. Public Works Director, Jerry Burns, gave a brief explanation of the wells conditions. Mayor Pro -Tem Owens asked about the budgeted amounts listed for the project. Public Works Director, Jerry Burns, gave a brief explanation of the listed amounts. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. 2003-4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH PEARLAND INDEPENDENT SCHOOL DISTRICT FOR IMPROVEMENTS -- ASSOCIATED WITH ROGERS MIDDLE SCHOOL. Mr. Darrin Coker, City Attorney. This item was passed with no Council action taken. COUNCIL ACTION — REGARDING THE BARRY ROSE PROJECT. Mr. Alan Mueller, Deputy City Manager. Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Owens to approve the Barry Rose Project road alignment, as presented by Staff. City Manager, Bill Eisen, stated the staff and citizens have been discussing the Barry Rose Project. He stated this item is asking for clarification on certain items of the Barry Rose Project. Deputy City Manager, Alan Mueller, stated there are three items for discussion. The first item is the alignment of the road, the second item is funding of the fence replacement, and the third item is recommendation for traffic study before completion of the road. He further stated staff recommends the road be centered and there is no current Page 8 of 14 — 1/27/2003 233 recommendation regarding fencing due to the noise study conducted in the area. Mr. Mueller stated the citizens are concerned with London Court becoming the focal point for cross-thru traffic. He stated during the Public Meeting several comments were made from the citizens regarding flooding, drainage, and sidewalks. Brief discussion ensued among Council and Staff concerning the fence replacement. During the discussion cost estimates, and funding determined the fence replacement would be decided once the road was completed. Deputy City Manager, Alan Mueller, stated the next concern is the alignment of the road. Council stated the road should be centered on the right-of-way. Deputy City Manager, Alan Mueller, stated the third concern is the potential traffic added due to the new road. Brief discussion ensued among Council and Staff regarding options of conducting a traffic study for the area. Council agreed the traffic study should not take place until the completion of the road and during that time solutions for any traffic concerns would take place. Additional discussion ensued among Council and Staff regarding citizens' comments and concerns during the Public Meeting including concerns about streetlights along the road. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No". None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2003-13 - A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, SUPPORTING THE CLEAR CREEK WATERSHED STEERING COMMITTEE IN ITS EFFORT TO REQUEST FEMA FUNDS FOR "FLOOD INSURANCE RATE MAPS (FIRM) MAP UPDATE AND REMAPPING IN FORT BEND, BRAZORIA, AND GALVESTON COUNTIES. Mr. John Hargrove, City Engineer. Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to approve Resolution No. R2003-13. Page 9 of 14 —1/27/2003 234 Michael Klaus, 5016 Groveton, addressed Council and stated he attended a workshop a few weeks ago regarding drainage projects. He stated he did meet with people from the Steering Committee and during that time he experienced the clearing process of Clear Creek. He stated a boat made to clear debris and broken trees is currently clearing - - Clear Creek. He stated the boat is able to maneuver in the creek .and the project is working City Manager, Bill Eisen, stated this resolution details the Cities along Clear Creek requesting funding from FEMA to do flood plain map updating for the Clear Creek area. He stated if FEMA does provide the funding for this project that further funding may be provided in future projects. Councilmember Marcott stated he supports the resolution and the City needs to get the process started. A brief discussion ensued among Council and Staff regarding the proposed resolution and the funding. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2003-11 - A RESOLUTION OF THE CITY - - COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH ADP, HOUSTON, TEXAS, FOR PAYROLL, DATA COLLECTION, AND TIME & ATTENDANCE SERVICES. Ms. Mary Ross, Director of Finance. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to approve Resolution No. R2003-11 in the amount of $37,738.96. City Manager, Bill Eisen, stated the Payroll Department is currently outsourcing some of their functions which would help the workload for the Finance Department. Discussion ensued among Council and Staff concerning the current workload and how this proposed resolution would help the Finance Department. Director of Finance, Mary Ross, stated there are a large number of projects currently taking place and some new ones are scheduled for the future. She stated outsourcing some of the workload would ensure the work is processed timely and correctly. She further stated long-term capital projects would be the targeted area for outsourcing. Page 10 of 14 - 1/27/2003 235 Brief discussion ensued among Council and Staff concerning outsourcing finance projects. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - REGARDING THE PARTICIPATION IN THE INTELLIGENT TRANSPORTATION SYSTEM (ITS). Mr. Bill Eisen, City Manager. Mayor Pro -Tem Owens made the motion, seconded by Councilmember Seeger, to approve Intelligent Transportation System in the amount of $25,000.00. City Manager, Bill Eisen, gave a brief explanation of the Transtar System. He stated the system would allow the City to better provide video information for the Police Department from remote locations throughout the City. Mr. Eisen stated this system would help in the monitoring process. He further stated the cost of the system would partially be paid for by Federal and TxDOT grants and the remainder by the City. A brief discussion ensued among Council and Staff concerning the Intelligent Transportation System. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2003-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH C. L. DAVIS, FOR SURVEYING SERVICES ASSOCIATED WITH THE FITE ROAD WATER AND SEWER PROJECT. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Owens, to approve Resolution No. R2003-12 in the amount of $33,000. City Manager, Bill Eisen, stated the resolution refers to additional surveying services for Fite Road. Page 11 of 14 —1 /27/2003 23f Discussion ensued among Council and Staff regarding the proposed surveying services. Voting "Aye" Councilmembers Seeger, Marcott, Owens Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — REMOVE FROM TABLE ORDINANDE NO. 509-623. City Council. Councilmember Seeger made the motion, seconded by Councilmember Viktorin, to remove Ordinance No. 509-623 from the table. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. SECOND AND FINAL READING OF ORDINANCE NO. 509-623 - 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 THE NORTH 80 FEET OF LOT 1 AND LOT 12, BLOCK G, PEARLAND TOWNSITE, ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 29, PAGE 41, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (SPECIFIC USE APPLICATION NO. 120) (ORANGE STREET, BETWEEN GRAND AVENUE AND PARK AVENUE) -FROM CLASSIFICATION GENERAL BUSINESS DISTRICT (GB) TO GENERAL BUSINESS DISTRICT (GB) SPECIFIC USE (GB(S)) FOR A TWO-FAMILY DWELLING (DUPLEX) ON EACH LOT WITH THE STIPULATION IF CONSTRUCTION IS NOT STARTED WITHIN TWO YEARS OF RECEIVING THIS SPECIFIC USE PERMIT BY CITY COUNCIL THEN THE SPECIFIC USE PERMIT WOULD EXPIRE AT THE REQUEST OF SAENZ DEVELOPMENT, AGENT FOR TOMMY S. DAWSON, 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. Page 12 of 14 — 1/27/2003 Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Owens, to approve Ordinance No. 509-623 (Specific Use Application No. 120) on its second and final reading. City Manager, Bill Eisen, stated the item was discussed previously by Council and that additional information regarding the Specific Use Application was requested during that time. Mayor Reid read into the record a letter from Mr. Suttle. I am Howard Suttle and live at 2111 North Park, Pearland, Texas. I feel we should check on the drainage in this area. When we have heavy rains some of my neighbors have flooding problems. Sorry I cannot appear in person at the council meeting, but I do not drive at night. Thank you. Alma Nolan, 2106 North Galveston, addressed Council and stated she is concerned about the drainage problem in her area. She stated she would like to see a solution to the problem before more is done. Carlos Saenz, 5921 Sawyer Drive, addressed Council and stated his committee would like to request a meeting with Council regarding drainage in his area. Mr. Saenz passed out calculations of the detention in his area. He stated he would also like to meet with the City Engineer. City Engineer, John Hargrove, discussed the calculations. Brief discussion ensued among Council and Staff regarding the detention and calculations. Councilmember Tetens ask about the current zoning of the property. Executive Director of Community Services, Tobin Maples, stated the property was zoned prior to a certain date causing it to be exempt from the new area requirements. He stated the property would have to meet the building set backs and it would go before ZBA before being approved. Additional discussion ensued among Council and Staff concerning the Specific Use Permit and drainage concerns. Voting "Aye" Councilmembers Owens, Marcott, and Seeger. Voting "No" Councilmembers Tetens and Viktorin. Motion Passed 3 to 2. Page 13 of 14 — 1/27/2003 '38 OTHER BUSINESS: None ADJOURNMENT Meeting was adjourned at 9:40 p.m. Minutes approved as submitted and/or corrected this 10th day of February A.D., 2003. ��Y12 Tom Reid Mayor ATTEST: Page 14 of 14 —1 /27/2003