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2003-02-10 CITY COUNCIL REGULAR MEETING MINUTES241 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON FEBRUARY 10, 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 Others in attendance: Deputy City Manager Alan Mueller; Executive Director of Community Services Tobin Maples; Marketing Manager of P.E.D.C. Will Benson, Police Chief J.C. Doyle; City Engineer John Hargrove; Public Affairs Liaison Lynn Munford; Interim Parks & Recreation Director Greg Moore; Public Works Director Jerry Burns; Project Director Joe Wertz; Water Production & Waste Water Treatment Superintendent Bobby Whisenant. The invocation was given by Life Scout Brian Epperson and the Pledge of Allegiance was led by 1St Class Scout Joshua Rutland, 1St Class Scott Bryan Walker, and Tiger Cub Scout Taylor Rutland all members of Boy Scout Troop No. 404. MAYOR'S ACTIVITY REPORT Helen Todd, Angela Vinson, and Loice Cottingham presented a Certificate of Appreciation to the Pearland Police Department. Ms. Todd stated for the past two years the Pearland Police Department has raised funds for the Toys for Tots Christmas Program. She stated because of their participation and work Pearland children have received toys for Christmas. Mayor Reid reported on January 29 he met with Shadow Creek Ranch Developers; January 30 he attended the PEDC Developers Luncheon and the Reception for Craig Sacket, Executive Director Brazoria County Partnership; February 1 he attended a Chamber Annual Meeting; February 3 he attended an Agenda Meeting, PEDC Monthly Board of Directors Meeting, and a Council Workshop and Special Meeting; February 4 he attended the AARP Monthly Meeting/Dinner and the Chamber Open House — "Personalized Health & Fitness"; February 5 he met with a potential Developer; February 6 he attended the PEDC Realtor Breakfast/Presentation, Luncheon — Page 1 of 23 — 2/10/2003 242 Pearland, Alvin, Friendswood Realtor Networking Luncheon, and a PEDC Meeting of New Developers. February 7 — February 10 he attended Mayors/Councilmen Annual Conference Business Meeting. COUNCIL ACTIVITY REPORTS Passed. CITY MANAGER'S REPORT City Manager, Bill Eisen, stated the Corps of Engineers has been processing a study on Clear Creek for a few years and stated the federal: budget for this year does not include funding for the study. Mr. Eisen further stated he had a discussion with Congressman Tom DeLay regarding the issues surrounding Clear Creek. Congressman Delay's Staff indicates the Congressman will try to restore the funding for the Clear Creek Study. Mr. Eisen asked citizens to write letters and address their concerns to Congressman DeLay regarding the Clear Creek project. That will help the Congressman DeLay to get restoration of the study. CITIZENS Dwayne Kautz, 3605 Inverness Court, addressed Council and stated he represents the Rustic Oaks Homeowner's Association. There are cyclists and four -wheelers riding in the drainage areas and causing tremendous damage to the grade of the detention pond. He stated this is creating a maintenance problem for the community and also a confrontation issue with the neighbors and the people damaging the detention pond. Mr. Kautz stated he would like to see an ordinance adopted keeping the cyclists and four—wheelers out of the detention pond. Carolyn Hagendorf, 4001 Longherridge, addressed Council and stated her concerns regarding the drainage ditch in front of her house. She stated the ditches were redone and they currently do not drain. She stated she feels this will cause more problems for the community in the near future. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the November 18, 2002, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the January 27, 2003, Public Hearing held at 7:00 p.m. Page 2 of 23 — 2/10/2003 243 3. Minutes of the January 27, 2003, Regular Council Meeting held at 7:30 p.m. 4. Minutes of the February 3, 2003, Special Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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 DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. C. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE CENTENNIAL VILLAGE SECTION 2. Mr. John Hargrove, City Engineer. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-20 - A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A GENERAL ELECTION ON THE THIRD DAY OF MAY, 2003, FOR THE PURPOSE OF ELECTING TWO MEMBERS OF THE CITY COUNCIL IN AND FOR THE CITY OF PEARLAND, TEXAS; ESTABLISHING POLLING PLACES; NAMING CLERKS; AND ESTABLISHING PROCEDURES FOR SAID REGULAR CITY OFFICERS' ELECTION. Mr. Young Lorfing, City Secretary. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING PERSONS TO SERVE AT THE CENTRAL COUNTING STATION, BRAZORIA COUNTY COURTHOUSE, ANGLETON, TEXAS, FOR THE GENERAL ELECTION TO BE HELD ON THE THIRD DAY OF MAY, 2003. Mr. Young Lorfing, City Secretary. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, Page 3 of 23 — 2/10/2003 244 TEXAS, AWARDING A UNIT PRICE SUPPLY CONTRACT FOR WATER TREATING CHEMICALS. Mr. Gordon Island, Purchasing Officer. G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT PRICE SUPPLY. CONTRACT FOR ENVIRONMENT LAB TESTING. Mr. Gordon Island, Purchasing Officer. H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF LARGE FORMAT DIGITAL PLOTTER. Mr. Gordon Island, Purchasing Officer. I. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-24 - 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 ROLLING STOCK VEHICLES. Mr. Gordon Island, Purchasing Officer. J.- CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-23 - 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 POTHOLE PATCHING TRUCK. Mr. Gordon Island, Purchasing Officer. Councilmember Seeger asked that Consent Agenda Item B be removed from the Consent Agenda for further discussion. Mayor Pro -Tem Owens asked that Consent Agenda Item J 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 J, with the exception of items B and J, as presented on the Consent Agenda. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Page 4 of 23 — 2/10/2003 245 Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA Councilmember Seeger asked that Consent Agenda Item B be removed from the Consent Agenda for further discussion. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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 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 adopt Consent Agenda Item B, as presented on the Consent Agenda. City Manager, Bill Eisen, stated this is the second reading of this ordinance requesting the zone change of property located at the intersection of Dixie Farm road and State Highway 35. The zone change is from -Suburban Development to Heavy Industrial District and there is currently a few buildings and vacant land in this area. Councilmember Seeger stated he is concerned about the Heavy Industrial in that area. He stated he would support an M-1 zoning, but not an M-2 zoning. Councilmember Seeger briefly explained the differences of and M-1 verses an M-2. He stated more businesses would enhance Pearland. However, the nature of the M-2 (Heavy Industrial) would be very unattractive for this particular area. He further stated and M-1 would bring in quality manufacturing business into Pearland. Councilmember Tetens stated there are very few areas in the City zoned as M-2 and the current zoning for this area supports an M-2 zone change. A brief discussion ensued among Council concerning the proposed M-2 zoning. Page 5 of 23 — 2/10/2003 246 Voting "Aye" Councilmembers Tetens, Viktorin, Owens, and Marcott. Voting "No" Councilmember Seeger. Motion Passed 4 to 1 Mayor Pro -Tem Owens asked that Consent Agenda Item J be removed from the Consent Agenda for further discussion. J. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-23 - 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 POTHOLE PATCHING TRUCK. Mr. Gordon Island, Purchasing Officer. Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to adopt Consent Agenda Item J. A brief discussion ensued among Council and Staff regarding the pricing for the pothole patching truck. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Motion Passed 5 to 0. NEW BUSINESS FIRST READING OF ORDINANCE NO. 509-632 - 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 5 ACRES, MORE OR LESS, BEING ABSTRACT 504, H.T.& B. R.R. COMPANY SURVEY, TRACT 21, N/2 PT (2533 ROY ROAD AND 2537 ROY ROAD)(APPLICATION � NO. 1079) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF, HOLLIS BARDWELL, 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 6 of 23 — 2/10/2003 247 Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to deny Ordinance No. 509-632 (Application No. 179) on its first reading, waiving the application fee for the applicant to apply for a Commercial zone change. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council the denial of Application No. 1079. City Manager, Bill Eisen, stated this item is requesting a zoning change in the location of Roy Road. He stated the applicant is requesting a change from Suburban Development to Light Industrial District. Mr. Eisen further stated that the Planning & Zoning Commission did deny the zone change. A brief discussion ensued among Council and Staff regarding the zoning and use of the property. City Attorney, Darrin Coker, stated Council should vote on the current zone change and request the applicant to process a Commercial zone change application instead of the M-1 zone change. He stated this would allow citizens the chance to comment during the public hearing. The public hearing process will inform the citizens of the zone change application and the dates of the hearing. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-633 - 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 WAREHOUSE AND DISTRIBUTION FACILITIES, ON THE FOLLOWING PROPERTY 10.00 ACRES, LOT 49 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 6, H.T.& B.R.R. COMPANY SURVEY, ABSTRACT 544, ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 136, PAGE 501, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (3508 HATFIELD ROAD)(SPECIFIC USE NO. 123) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO COMMERCIAL DISTRICT - SPECIFIC USE (C(S)) AT THE REQUEST OF JACK MCGUFF, JR., AGENT FOR HARVEY AND JANET HUBER, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE Page 7 of 23 — 2/10/2003 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 Marcott, to approve Ordinance No. 509-633 (Specific Use Application No. 123) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council the approval of Specific Use Application No. 123. City Manager, Bill Eisen, stated the property is currently zoned as Commercial and the applicant is requesting an additional Specific Use Permit for a warehouse and distribution facility. Councilmember Marcott asked for some clarification on the map. Tobin Maples, Executive Director of Community Services, gave a brief explanation of the map and zone change. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-634 - 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 15.18 ACRES, MORE OR LESS, SITUATED IN THE JOHN W. MAXEY SURVEY, ABSTRACT 721, BEING PART OF AND OUT OF A 208.10 ACRE TRACT DESCRIBED BY DEED RECORDED IN VOLUME 1107, PAGE 859 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (NORTHWEST CORNER OF FM 518 AND SUNRISE BOULEVARD)(APPLICATION NO. 1080) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF RIVERWAY COMMERCIAL DEVELOPMENT, LLC, AGENT FOR GEORGE GILMAN, TRUSTEE, 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 Mayor Pro -Tem Owens, to approve Ordinance No. 509-634 (Application No. 1080) on its first reading. Page 8 of 23 — 2/10/2003 249 Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council the approval of Application No. 1080. City Manager, Bill Eisen, stated this particular property is referencing the Sunrise Lakes Subdivision and its proposed uses. Councilmember Viktor in asked if the current schedule includes a traffic light being placed at the intersection of this property. City Manager, Bill Eisen, stated the traffic light is scheduled for placement at the end of 2003, according to TxDOT and the Developer of Sunrise Lakes Subdivision. Brief discussion ensued among Council and Staff regarding the Development timeline. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-635 - 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 A CHURCH, ON THE FOLLOWING PROPERTY, BEING 20 ACRES, CONSISTING OF LOTS 4 AND 20 OF THE ALLISON-RICHEY GULF COAST COMPANY SUBDIVISION, SECTION 19, H.T.& B.R.R. COMPANY SURVEY, ABSTRACT 243, ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 2, PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (1865 CULLEN BOULEVARD)(APPLICATION NO. 1077)(SPECIFIC USE NO. 121) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DWELLING DISTRICT - SPECIFIC USE (R-E(S)) AT THE REQUEST OF THOMAS L. MURRAY, AGENT FOR SILVERLAKE CHURCH, 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 Seeger made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-635 (Application No. 1077 and Specific Use Application No. 121) on its first reading. Page 9 of 23 — 2/10/2003 250 Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council the denial of Application No. 1077 and Specific Use Application No. 121. City Manager, Bill Eisen, stated this item is a request for a Specific Use Permit in order to construct a church on the property. Mr. Eisen stated the Planning & Zoning Commission reported they would recommend commercial zoning verses the specific Use Permit. The current land use shows Residential zoning for this area. Pastor Reginald Devaughn, 5517 West Broadway, addressed Council and stated he is the Pastor of Silver Lake Church. He is requesting an approval of the construction of the new religious facility. Pastor Devaughn stated the process has been good due to the Mayor, City Manager, and Executive Director of Community Services. In closing Pastor Devaughn stated he would like for the building to continue forward and is requesting the Specific Use Permit be approved. Mayor Reid stated he attended the ground breaking for the new church, and he is in support of the new religious facility located on the property. Additional discussion ensued among Council regarding the zoning of the property. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-636 - 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 LOTS 1 THROUGH 7, BLOCK B, OLD PEARLAND TOWNSITE, ABSTRACT 232, BRAZORIA COUNTY, TEXAS (2107 WASHINGTON AVENUE)(APPLICATION NO. 1081) FROM CLASSIFICATION NEIGHBORHOOD SERVICE DISTRICT (NS) TO SINGLE FAMILY DISTRICT (R-4) AT THE REQUEST OF DON LONG, AGENT FOR TERRY GRAY, 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 Mayor Pro -Tem Owens, to approve Ordinance No. 509-636 (Application No. 1081) on its first reading. Page 10 of 23 — 2/10/2003 251 Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council the approval of Application No. 1081. Councilmember Tetens stated the property is along railroad tracks and the land is long and narrow. He stated for this particular property he is in support of the R-4 zone change. Mayor Reid recessed the meeting at 8:20 p.m. Mayor Reid called the meeting back to order at 8:25 p.m. Councilmember Marcott stated he would like to see the land developed; however he has concerns about the railroad track. Voting "Aye" Councilmembers Seeger, Owens, Viktorin, Tetens. Voting "No" Councilmember Marcott. Motion Passed 4 to 1. FIRST READING OF ORDINANCE NO. 509-637 - 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 20 ACRES, ABSTRACT 564, H.T.& B.R.R. COMPANY SURVEY, TRACT 52-53 (COUNTY ROAD 59)(APPLICATION NO. 1082) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-1) AT THE REQUEST OF JAMES JOHNSON, AGENT, FOR MARY ANN TIERNEY, 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. Tobjn Maples, Executive Director of Community Services. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to approve Ordinance No. 509-637 (Application No. 1082) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council the approval of Application No. 1082. City Manager, Bill Eisen, stated this property is located on County Road 59, West of Hwy. 288. He stated the intended use is for a Single -Family Subdivision. Page 11 of 23 — 2/10/2003 752 Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-638 — 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 3, BLOCK 7, HICKORY CREEK PLACE ADDITION, AS RECORDED IN VOLUME 11, PAGES 1-2, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (2145 MELANIE LANE)(APPLICATION NO. 1078) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF GERARD VEILLEUX AND GAIL WALDEN, 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. Mayor Pro -Tem Owens made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-638 (Application No. 1078) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council the approval of Application No. 1078. City Manager, Bill Eisen, stated if the application is approved it will allow construction to take place for the applicant a single-family home. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to 0. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE YOST ROAD PROJECT. Mr. Alan Mueller, Deputy City Manager. 1 Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to table the Yost Road Project until February 24, 2003 Regular Business Meeting for further research regarding different alternatives. Page 12 of 23 — 2/10/2003 253 City Manager, Bill Eisen, gave a brief explanation of this item. Misty Yarneau, 3705 Longherridge Drive, addressed Council and stated she is the President of the Shadycrest Homeowner's Association. She stated she is concerned about the speeding problem in her community. Ms. Yarneau stated she has spoken with Turner, Collie and Braden, and also Deputy City Manager Alan Mueller. She briefly stated ideas addressed to her regarding fixing the speeding problem. She also stated the Homeowners Association hired off-duty patrol officers from the Pearland Police Department in order to enforce the speeding laws in the Shadycrest Community. She stated steps would need to take place in order to control the traffic problems in the area. Ms. Yarneau gave a brief description of the Shadycrest Community. She further stated the community is concerned for the safety of the children. Ms. Yarneau asked would this road be used as a detour for traffic and if there is another possible engineering plan that could take place verses the Yost Road Project. Linda Cowles, 3412 Shadycrest, addressed Council and stated she is the Secretary of the Shadycrest Homeowners Association and agrees with Ms. Yarneau and supports her statement. Joe Sudela, 2108 Sprite Lane, addressed Council and stated he has lived in the Shadycrest Community for about 20 years and he also agrees and supports Ms. Yarneau statement. Larry Goodman, 2004 Deepbrook Drive, addressed Council and stated he supports Ms. Yarneau's comments and asked for his neighborhood not to be destroyed. Mark Matusek, 2003 Deepbrook Drive, addressed Council and stated he is the Vice President of the Shadycrest Homeowners Association and he agrees with the comments of Ms. Yarneau. Burt Brown, 2110 Sprite Lane, addressed Council and stated he is in full agreement with Ms. Yarneau's comments. Eugene Karstedt, 4006 Shadycrest Drive, addressed Council and st4ted he agrees with the comments of Ms. Yarneau. i Richard Keschinger, 2011 Sleepy Hollow Drive, addressed Council and stated he has questions regarding the height plans for the planned road. He stated his concerns are the future flooding of homes in the Shadycrest Subdivision. He asked were there any funds being included to provide for the buyout of future flooded homes. Mr. Keschinger stated his additional concerns regarding the drainage. Page 13 of 23 — 2/10/2003 4. , 254 Uinona Juna, 4007 Shadycrest, addressed Council and stated she agrees with the comments of Ms. Yarneau. Terry Gibson, 2008 Pinehill Drive West, addressed Council and stated a petition regarding the Yost Road Project was given to the City October 25, 1999. He stated the petition asked that the City provide an alternative to the Yost Road Project. Mr. Gibson stated the plans for the road continues and the area is currently having flooding problems. He stated development is affecting the area. He further stated before any further development the City needs to work on the flooding problems currently taking place in the City. Mr. Gibson stated his comments regarding the proposed plans for the incoming road and asked for a traffic study. Pattie Boyles, 4016 Shadycrest, addressed Council and stated she has questions concerning the future plans for the Yost Road Project including an extension to the Pearland Parkway. Tom Daniel, 2104 Mary's Creek West, addressed Council and stated he agrees with the comments of Ms. Yarneau. He asked why is the road being placed in the community. Curtis Basco, 3416 Shadycrest, addressed Council and stated he supports Ms. Yarneau's statement. Denesse locco, 3510 Shadycrest, addressed Council and stated she agrees with the comments of Ms. Yarneau. Ms. locco shared a personal experience regarding a speeding truck almost hitting her son and self. Hannah Redus, Ann Redus, and April locco, 3510 & 3503 Shadycrest, addressed Council and read into the record their statement. We feel that it is already hard enough to get across the street to go to our friend's house and back, or get to the bus stop. When we get off the bus, we are usually running around the front of the bus and could easily get ran over by a car. Also, we are not allowed to play in our front yard because there is too much traffic already. We cannot ride bikes in the street of jog after school because the speeding traffic is already bad enough. Imagine what it would be like if they put the red light in. People already speed and throw cans of beer and other stuff on or in our driveway or yard. And we could also get kidnapped very easy because of this. Those are just some of the things that we think why the City should not connect Yost Road to Shadycrest and put a red light in. Kathy Schmitt, 2203 Washington Irving, addressed Council and stated she has been a school teacher throughout the Community of Pearland. 1'She stated she has lived in Pearland for 25 years and has raised her children in the Community. She gave a brief description of the Shadycrest Subdivision. Page 14 of 23 — 2/10/2003 255 Greg Hester of Turner, Collie and Braden, addressed Council and gave a brief description of the project. He also gave a brief presentation regarding the different proposed alternatives. Additional discussion ensued among Council, Staff, and Greg Hester regarding the different proposed alternatives and the flooding problems in Pearland. Voting "Aye" Councilmembers Tetens, Viktorin, Marcott, and Seeger. Voting "No" Councilmember Owens. Motion Passed 4 to 1. Mayor Reid recessed the meeting at 9:30 p.m. Mayor Reid called the meeting back to order at 9:39 p.m. FIRST READING OF ORDINANCE NO. 1094 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 17 OF APPROXIMATELY 107.3795 ACRES OF LAND. Mr. Darrin Coker, City Attorney. Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Owens, to approve Ordinance No. 1094 on its first reading. City Manager, Bill Eisen, stated the request is for Council's consideration regarding the annexation of Municipal Utility District No. 17. Lengthy discussion ensued among Council and Staff regarding the acreage and development of the Municipal Utility District No. 17. Alex Garcia, attorney for Municipal Utility District No. 17, gave a brief summarization of the area tracts with separate Municipal Utility Districts in order to cut costs and add value. Brief discussion ensued among Council, Staff, and Alex Garcia regarding the annexation of Municipal Utility District No. 17. 11, Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. Page 15 of 23 — 2/10/2003 256 COUNCIL ACTION — RESOLUTION NO. R2003-27 - 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 DUNKIN, SEFKO AND ASSOCIATES, INC. FOR LAND USE PLANNING SERVICES ASSOCIATED WITH THE CREATION OF A UNIFIED DEVELOPMENT CODE. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Owens, to approve Resolution No. R2003-27. City Manager, Bill Eisen, stated this item is regarding a contract between the City and Dunkin, Sefko and Associates, Inc. for the creation of a Unified Development Code. He stated the proposal is in the amount of $125,000. Councilmember Marcott asked what the time frame is to create the Unified Development Code. City Manager, Bill Eisen, stated it would be approximately 16 months. A brief discussion ensued among Council and Staff regarding the budget and time it would take Dunkin, Sefko and Associates to develop a Unified Development Code. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-1 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING TABLE III OF THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND (ORDINANCE NO. 509), AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, BY ADDING NEW SUBSECTIONS TO REGULATE LAND USE WITHIN THE CITY LIMITS OF PEARLAND; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to approve Ordinance No. 509-1 on its first reading, as amended to limit the use for manufactured homes to Suburban Development zones only and limit the age of such manufactured homes age to no more than 5 years old. Page 16 of 23 — 2/10/2003 257 City Manager, Bill Eisen, stated this item regards two amendment additions amending specific uses being required for the placement of manufactured homes and coined operated amusement machines. Brief discussion ensued among Council and Staff regarding manufactured homes and the property zoning. Brief discussion ensued among Council and Staff regarding 8 -liner amusement machines. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-17 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION OF THE HARKEY ROAD WATER LINE. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Owens approve Resolution No. $456,444.50. made the motion, seconded by Councilmember Viktorin, to R2003-17 and award the bid to Haddock in the amount of City Manager, Bill Eisen, stated this recommendation is for construction in the amount of $456,444.50 for the Harkey Road water line. He stated the amount does differ from the original estimate due to the time frame of the original estimate and it only covered the basic contract during that time. Project Manager, Joe Wertz, stated the bid is in comparison to the Pearland Parkway bid; the difference between the two is the size and safety end treatments. A brief discussion ensued among Council and Staff regarding the proposed water line. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY Page 17 of 23 — 2/10/2003 58 MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT WITH OTHON, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE PEARLAND PARKWAY SIXTEEN -INCH WATER LINE. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2003-14. City Manager, Bill Eisen, stated this item is a proposed Engineering Service Contract for two sections of water line for Pearland Parkway. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-16 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION OF THE PEARLAND PARKWAY WATER LINE. Mr. Bill Eisen, City Manager. Councilmember Seeger made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2003-16. City Manager, Bill Eisen, stated this item is regarding construction of a waterline for. Pearland Parkway. Brief discussion ensued among Council and Staff regarding the bid proposal and the contract. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-18 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO SUPPLEMENTAL AGREEMENTS WITH KLOTZ ASSOCIATES, FOR ENGINEERING SERVICES ASSOCIATED WITH MCHARD ROAD PROJECT. Mr. Bill Eisen, City Manager. Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to Page 18 of 23 — 2/10/2003 259 approve Resolution No. R2003-18. City Manager, Bill Eisen, stated this item is two supplements to an agreement with Klotz & Associates for engineering services on McHard Road. The supplements regard an outfall ditch and designs for sidewalk additions. Project Manager, Joe Wertz, stated the project is eligible for State reimbursement. He stated a meeting is scheduled with TxDOT regarding additional funding for the project. Discussion ensued among Council and Staff regarding enhancements for crosswalks and sidewalks. Additional discussion ensued among Council and Staff regarding the amounts for the project. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1095 - AN ORDINANCE OF THE CITY ri COUNCIL OF THE CITY OF PEARLAND, TEXAS, CLOSING A PORTION OF COUNTY ROAD 48 BETWEEN SHADOW CREEK PARKWAY AND CLEAR CREEK, 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. Alan Mueller, Deputy City Manager. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to approve Ordinance No. 1095 on its first reading. City Manager, Bill Eisen, gave a brief explanation for closing a portion of County Road 48 due to development. Councilmember Marcott asked would the citizens north of the Creek be notified regarding the closure and would the manufactured homes be presentable for the area. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. Page 19 of 23 — 2/10/2003 260 COUNCIL ACTION — RESOLUTION NO. R2003-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE QUARTERLY INVESTMENT REPORTS FOR THE QUARTERS ENDING JUNE, SEPTEMBER AND DECEMBER 2002. Ms. Mary Ross, Director of Finance. Mayor Pro -Tem Owens made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2003-19. City Manager, Bill Eisen, stated this item is regarding Quarterly Investment Reports for the City during 2002. Director of Finance, Mary Ross, stated this item keeps the City in compliance with the Public Fund Investment Act. She stated the act requires that a governing body adopt Quarterly Reports and these reports show what the City currently has in the inventory investment portfolio. She gave a brief description of the current investments for the City. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT WITH DANNENBAUM ENGINEERING, CORP. FOR THE DEVELOPMENT OF REVISIONS TO THE CITY'S STORM DRAINAGE CRITERIA MANUAL. Mr. John Hargrove, City Engineer. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2003-15. Michael Klaus, 5016 Groveton, addressed Council and stated he wanted to include some items into the proposed contract in order to make it a long going effective contract for the City. City Manager, Bill Eisen, stated this item results from an earlier work section by Council. He stated the work section was regarding modifications for the Drainage Criteria Manual. He also stated he had a conversation with the Drainage District regarding an update to Drainage Criteria Manual for the district as well. Discussion ensued among Council and Staff regarding a time frame for the project. Page 20 of 23 — 2/10/2003 261 Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1097 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE AN RIGHT-OF-WAY FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Seeger made the motion, seconded by Councilmember Marcott, to approve Ordinance No. 1097 on its first and only reading. City Manager, Bill Eisen, stated some of the property owners do not currently agree with the route of the proposed ditch. He stated this item allows the City to continue with the proposed development of the ditch. A brief discussion ensued among Council and Staff regarding surveys and appraisals for listed properties. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-28 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION OF THE INDEPENDENCE PARK PAVILION. Mr. Bill Eisen, City Manager. Councilmember Tetens made the motion, seconded by Councilmember Seeger, to approve Resolution No. R2003-28 as amended, reducing the cost with sodering and reducing the number of water fountains. Page 21 of 23 — 2/10/2003 262 City Manager, Bill Eisen, stated this item is regarding soding and the number of water fountains for Independence Park Pavilion in order to reach the budget requirements for the proposed project. Brief discussion ensued among Council and Staff regarding the bid for the proposed project. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1096 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A CERTAIN SEVENTY FOOT (70') WIDE RIGHT-OF-WAY EASEMENT LOCATED IN THE H. T. & B. R. R. CO. SURVEY, ABSTRACT 551 AND 303 AS TO LOTS 161, 162, THE WEST PART OF 163 AND PART OF LOT 164 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. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to approve Ordinance No. 1096 on its first reading. City Manager, Bill Eisen, stated this item is regarding a section of right-of-way easement currently not being used by the City. A brief discussion ensued among Council and Staff regarding the size of the right-of- way easement and the notification to the Drainage District. City Manager, Bill Eisen, stated the Drainage District was informed and they currently have no use for the property. Additional discussion ensued among Council and Staff regarding the donation of the right-of-way easement. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. Page 22 of 23 - 2/10/2003 263 '— OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 11:10 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING POTENTIAL LITIGATION — CITY FACILITIES. Mr. Darrin Coker, City Attorney. 2. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING PENDING LITIGATION — RIGHT-OF-WAY. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 10:45 p.m. COUNCIL ACTION — REGARDING POTENTIAL LITIGATION — CITY FACILITIES. Mr. Darrin Coker, City Attorney. This item was passed with no Council action taken. COUNCIL ACTION — REGARDING PENDING LITIGATION — RIGHT-OF-WAY. Mr. Darrin Coker, City Attorney. This item was passed with no Council action taken. ADJOURNMENT Meeting was adjourned at 12:11 a.m. Minutes approved as submitted and/or corrected this 24 day of February A.D., 2003. 1, C` ATTEST: Tom Reid Mayor Page 23 of 23 — 2/10/2003