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2003-02-24 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON FEBRUARY 24, 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; Police Chief J.C. Doyle; City Engineer John Hargrove; Public Affairs Liaison Lynn Munford; Parks & Recreation Interim Director Greg Moore; Project Director Joe Wertz; Water Production & Waste Water Treatment Superintendent Bobby Whisenant; Recreation Superintendent Michelle Dunn. The invocation was given by Reverend Devaughn and the Pledge of Allegiance was led by J. C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid presented Sam Matzas with the "Citizen of the Year" award by the Texas Recreation and Parks Society Region IV for his service to the Community Band. Sam Matzas stated his appreciation for receiving the award. Michelle Dunn, Recreation Superintendent, stated Mr. Matzas has contributed to bringing Arts to Pearland and is inviting everyone to attend the Music Concerts every Tuesday from June through August. Mayor Reid and Mayor Pro -Tem Owens presented a Proclamation to City Manager Bill Eisen and Police Chief J.C. Doyle proclaiming March 2-8, 2003 as "Severe Weather Awareness Week". Mayor Reid presented a Proclamation to Angela Alksne, Pearland Independent School District Director of Communication, proclaiming March 3-7, 2003 as "Texas Public School Week" in Pearland. Page 1 of 20 — 2/24/2003 1? Ms. Alksne invited everyone to visit the Schools this year. The School District has more National Merit Scholars than ever before in the Pearland School District. Councilmember Marcott stated the Mayor is very active in the Community and recently his picture was in the Houston Chronicle for participating in the memorial ceremony for the Astronaut Kalpana Chawla killed in the shuttle accident. Councilmember Marcott presented Mayor Reid with the picture. Mayor Reid expressed his appreciation and gave a brief history of the shuttle program over the past years. He stated the shuttle tragedy is very personal for him due to his past history working in the Mission Control Center during the explosion of Challenger several years ago. He stated the accident is very tragic and he truly appreciates the presentation. Mayor Reid reported on February 11 he attended the Pearland College Executive Commission Meeting; February 12 he attended the Adult Reading Center Board Meeting; February 13 he attended the Celebrity Reader Program at C. J. Harris School, a Citizen Luncheon, and the Pearland College Board of Governors Meeting; February 15 he attended a pack 468 Blue/Gold Banquet; February 17 he attended an Agenda Meeting; February 18 he attended the Houston -Galveston Area Council Board of Directors Meeting and the Mayors' Commission on Higher Education Needs Meeting; February 19 he gave the Pearland State of the City Address; February 20 he attended the Chamber Leadership Council Meeting, Judge Bob Eckels State of the County Address, and the Gulf Coast Water Authority Board of Directors Meeting; February 21 he met with Congressman Tom DeLay and attended the Pack 463 and Pack 466 Blue/Gold Banquet. 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. The project is a critical issue for the City of Pearland. The City recently became aware that the Federal Budget for this year does not include funding for the Clear Creek study. Mr. Eisen further stated Council, Drainage District No. 4 Directors, and himself met with Congressman Tom DeLay regarding the issues surrounding the Clear Creek Project. He stated they received a very positive reaction from Congressman Tom DeLay and the Senator's Representatives. He further stated they would try to reinstate the funds for the Clear Creek Study next year. Page 2 of 20 — 2/24/2003 CITIZENS 1.'3 Carolyn Hagendorf, 4001 Longherridge, addressed Council and stated she has concerns regarding her ditch and the drainage. She stated the City Manager sent Public Works out to assess the problem and fix it. She stated the problem has worsened. The ditch has been widened due to the ditch being too deep. Ms. Hagendorf stated the problem still persists and she also has concerns regarding the telephone pole near the ditch. She further stated the street in front of her property has been paved incorrectly and is currently retaining water. L. E. Reagan, 3913 Longherridge, addressed Council and stated his concerns regarding the paving of the street as well. He stated the lip of the street is full of rocks and mud causing street problems. Mr. Reagan requested the street to be torn out and redone. C. D. Anderson, 3215 Jacquelyn Drive, addressed Council and stated his concerns regarding the traffic around Cole's Flea Market on Highway 35. He stated it took him approximately 45 minutes to clear through the area. Mr. Anderson further stated he would like the Flea Market to open more entrances to the market. R. H. Martini, 15000 Almeda School Road, addressed Council and stated he opposes the closing of County Road 48. He stated there are currently problems with traffic in the area. Dan Olson, 10440 Deerwood Road, addressed Council and stated his concerns regarding the Road Utility District. He stated he is disappointed that the project did not succeed. Mr. Olson further addressed his concerns regarding new development in Pearland and asked Council why the proposed Road Utility District was not approved. DOCKETED PUBLIC HEARING: None Mayor Reid, with Concurrence of Council, moved to New Business Item No. 1. COUNCIL ACTION — REGARDING THE YOST ROAD/FM 518 ALIGNMENT OPTIONS. Mr. Alan Mueller, Deputy City Manager. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Owens to accept the Alternative No. 1 as presented by Turner, Collie and Braden. Mayor Reid briefly commented on the problems located at the intersection of FM 518 and East Circle. Councilmember Seeger stated he agrees with the comments of the residents that the 150 foot widening would not make much of an impact on the traffic at the intersection. Page 3 of 20 — 2/24/2003 14 He stated he would like the engineers to look at mitigating Alternative No. 1. Mayor Pro -Tem Owens stated future development may bring new suggestions for the area and he understands the concerns of the residents and he supports Alternative No. 1. Councilmember Viktorin stated he originally tabled this item due to the issues surrounding the proposed realignment. He stated he wants to make sure the residents have had sufficient time to address their concerns and options. He further stated he supports Alternative No. 1. Councilmember Marcott stated he does not support Alternative No. 1. He stated the road needed to be built in years ago allowing the community to have access in and out. He further stated the area needs mobility due to the flooding that takes place. He stated he supports Alternative No. 2 or Alternative No. 3. Voting "Aye" Councilmembers Seeger, Owens, Viktorin, and Tetens. Voting "No" Councilmember Marcott. Motion Passed 4 to 1. Mayor Reid recessed the meeting at 8:30 p.m. Mayor Reid called the meeting back to order at 8:45 p.m. Additional discussion ensued among Council, Staff, and Turner, Collie and Braden regarding the Yost Road Project and the potential effect that the closure of Sleepy Hollow Drive would have on the Yost Road Project. Jim Keller of Turner, Collie and Braden gave a brief overview of the proposed plan for the closure of Sleepy Hollow Drive. Kathy Schmidt, 2203 Washington Irving, addressed Council and stated the agenda does not cover the current Council discussion. She stated the citizens that were dismissed are not able to take part in this continued discussion and it is not right. Mayor Reid gave a brief explanation to Ms. Schmidt that the meeting was recessed due to the excessive noise during the meeting. He stated the meeting could not continue until everyone had settled. Councilmember Marcott made the motion, seconded by Councilmember Viktorin to table the Yost Road Project to a future agenda. Page 4 of 20 — 2/24/2003 15 Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. Mayor Reid, with concurrence of Council, moved back to the Consent Agenda. CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the February 10, 2003, Regular Council Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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 DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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 Page 5 of 20 - 2/24/2003 16 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. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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 Page 6 of 20 — 2/24/2003 (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. F. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. Tobin Maples, Executive Director of Community Services. G. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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. H. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. Page 7 of 20 — 2/24/2003 13 17 OF APPROXIMATELY 107.3795 ACRES OF LAND. Mr. Darrin Coker, City Attorney. I. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. J. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1095 - AN ORDINANCE OF THE CITY 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. K. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. L. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE REAPPOINTMENT OF BETTY ALEXANDER AND CAROL JONES TO SERVE ON THE LIBRARY BOARD FOR A THREE-YEAR TERM. Mayor Tom Reid. M. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1098 - 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 MUNICIPAL IMPROVEMENTS INCLUDING, BUT NOT LIMITED TO Page 8 of 20 — 2/24/2003 19 WATER, SEWER AND ROAD 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. N. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1099 - 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 MUNICIPAL IMPROVEMENTS INCLUDING, BUT NOT LIMITED TO WATER, SEWER AND ROAD 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. 0. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE AUTHORIZED REPRESENTATIVES TO THE TEXAS LOCAL GOVERNMENT INVESTMENT POOL. Ms. Mary Ross, Director of Finance. Councilmember Marcott asked that Consent Agenda Items E and J be removed from the Consent Agenda for further discussion. Councilmember Viktorin asked that Consent Agenda Item K 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 O, with the exception of items E, J, and K as presented on the Consent Agenda. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Page 9 of 20 — 2/24/2003 20 Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA Councilmember Marcott asked that Consent Agenda Item E be removed from the Consent Agenda for further discussion. E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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 adopt Consent Agenda Item E, as presented on the Consent Agenda. City Manager, Bill Eisen, stated the property is located West of the railroad tracks and South of Orange Street. Councilmember Marcott stated he is concerned about building houses against railroad tracks and the possibility of derailment. Councilmember Tetens stated he supports Councilmember Marcott's comments and he disagrees with building homes close to railroad tracks. However, community businesses are near the railroad tracks and he does not object to the building of the homes. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, and Seeger. Voting "No" Councilmember Marcott. Motion Passed 4 to 1. Page 10 of 20 — 2/24/2003 2' Councilmember Marcott asked that Consent Agenda Item J be removed from the Consent Agenda for further discussion. J. SECOND AND FINAL READING OF ORDINANCE NO. 1095 - AN ORDINANCE OF THE CITY 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 Tetens made the motion, seconded by Mayor Pro -Tem Owens, to adopt Consent Agenda Item J. City Manager, Bill Eisen, stated this item would authorize the closure of a portion of County Road 48 between Shadow Creek Parkway and Clear Creek. Councilmember Marcott stated he is concerned about the residents being informed of the closure, and asked if the residents in the area have been contacted. Deputy City Manager, Alan Mueller, stated flyers were passed out to the residents. He stated the Street Superintendent did receive one phone call opposing the road closure. Councilmember Marcott stated the City needs to contact the opposing residents and give them more information regarding the closure. Gary Cook, Shadow Creek Ranch Developer, stated the schedule for the proposed road is when the City develops the park area and most likely will be within the next 3 to 5 years. A brief discussion ensued among Council, Staff, and Gary Cook regarding the closure of a portion of County Road 48 in reference to the Shadow Creek Ranch Development. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Motion Passed 5 to 0. Councilmember Viktorin asked that Consent Agenda Item K be removed from the Consent Agenda for further discussion. K. SECOND AND FINAL READING OF ORDINANCE NO. 1096 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING Page 11 of 20 — 2/24/2003 22 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 Tetens made the motion, seconded by Mayor Pro -Tem Owens, to table Consent Agenda Item K. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS COUNCIL ACTION — REGARDING RATIFICATION OF STAFF'S INTERPRETATION OF MULTI -FAMILY DENSITY CALCULATIONS FOR THE SHADOW CREEK RANCH PLANNED UNIT DEVELOPMENT. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to approve the Staff's interpretation of Multi -Family DensityCalculations for the Shadow Creek Ranch Planned Unit Development. City Manager, Bill Eisen, stated this item relates to an interpretation the City Staff has made regarding certain provisions of the Planned Unit Development Ordinance as relating to Multi -Families Dwellings. He stated the density and area of the Planned Unit Development are currently being considered at this time. Councilmember Marcott asked would this increase the size of the units by up to 15%. A brief discussion ensued among Council, Staff, and Gary Cook regarding the density calculations. Councilmember Marcott asked would traffic studies take place due to the development improvements. Deputy City Manager, Alan Mueller, stated a traffic study for the entire area of development was part of the original agreement, and has been done. Page 12 of 20 — 2/24/2003 �3 Additional discussion ensued among Council, Staff, and Gary Cook. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-39 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A POLICY REGARDING THE CREATION OF ROAD UTILITY DISTRICTS. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Owens made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2003-39. City Manager, Bill Eisen, stated this item is referencing a recent Workshop where Council discussed the issues of the Road Utility Districts. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to table Resolution No. R2003-39, until a Workshop can be conducted to further discuss Road Utility Districts. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE PEARLAND ECONOMIC DEVELOPMENT CORPORATIONS EXPENDITURE OF $1.6 MILLION DOLLARS FOR THE EXTENSION OF A SEWER LINE ALONG STATE HIGHWAY 35 SOUTH FROM MAGNOLIA TO DIXIE FARM ROAD. Mr. Fred Welch, Executive Director of Pearland Economic Development Corporation. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Owens, to approve Resolution No. R2003-38. City Manager, Bill Eisen, stated Staff asked this item to be tabled for further discussion regarding the cost for the extension of a sewer line along State Highway 35 South from Magnolia to Dixie Farm Road. Page 13 of 20 2/24/2003 21 Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Owens, to table Resolution No. R2003-38. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE CONSTRUCTION OF MISCELLANEOUS ROAD IMPROVEMENTS, GROUP 2 IN CONNECTION WITH THE MOBILITY AND DRAINAGE BOND PROGRAM (CULLEN AND DIXIE FARM ROADS). Mr. Bill Eisen, City Manager. Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Owens, to approve Resolution No. R2003-33. City Manager, Bill Eisen, stated this item is regarding construction bids for Group 2 miscellaneous road improvements funded from the bond proceeds of the 2001 Bond Election. He stated four intersections would be receiving the road improvements costing $716,000. Councilmember Tetens stated it is considerably over the construction budget. City Manager, Bill Eisen, stated other projects have been added periodically and this current bid is the lowest. Jim Keller of Turner, Collie and Braden, stated the additional costs are due to drainage improvements necessary to support the pavement. He stated during the process new issues regarding the construction took place with the drainage ditches and additional pavement support. Mr. Keller further stated the contractor's labor costs also affected the over-all amount of the project. Discussion ensued among Council and Mr. Keller regarding the contractor, Group 1 and two road improvements, and the time frame established for the road improvements. Mayor Pro -Tem Owens asked if the School District purchased the asphalt for the project done on Old Alvin Road. Deputy City Manager, Alan Mueller, stated the asphalt for the project came from the School District parking lot behind the old football stadium. Page 14 of 20 — 2/24/2003 25 Additional discussion ensued among Council regarding asphalt and the different bid amounts of contractors for the road improvements. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-32 - 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 S & B INFRASTRUCTURE FOR ILLUMINATION DESIGN SERVICES ASSOCIATED WITH THE STATE HIGHWAY 35 ENHANCEMENT PROJECT. Mr. Bill Eisen, City Manager. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Owens, to approve Resolution No. R2003-32. City Manager, Bill Eisen, stated this item relates to the enhancements for State Highway 35. He stated special lighting and sidewalks are included in the project and the engineering contract as needed for the illumination design services. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 4 FOR THE CONSTRUCTION OF SEWER IMPROVEMENTS ASSOCIATED WITH THE PEARLAND PARKWAY PROJECT. Mr. Bill Eisen, City Manager. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to approve Resolution No. R2003-31. City Manager, Bill Eisen, stated this item relates to a change order of a construction contract for additional costs associated with sewer lines in Pearland Parkway. Councilmember Marcott stated the sewer work could be done in conjunction with the roadwork stopping any costs for extra construction time. Page 15 of 20 — 2/24/2003 z6 Discussion ensued among Council regarding the additional time requested and costs for the roadwork and sewer work. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-29 - 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 GEOTEST ENGINEERING, INC. FOR MATERIALS TESTING SERVICES ASSOCIATED WITH THE FM 518 SEWER PROJECT. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Owens made the motion, seconded by Councilmember Viktorin, to approve Resolution No. R2003-29. City Manager, Bill Eisen, stated this item is regarding funding for materials testing services on the FM 518 sewer line. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-30 - 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 S & B INFRASTRUCTURE FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE VETERANS DRIVE SEWER PROJECT. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Owens, to approve Resolution No. R2003-30. City Manager, Bill Eisen, stated this item is a proposed agreement for engineering design services for a sewer line serving Magnolia and Veterans Drive. He stated there are three engineering companies involved with the project with the total cost of $165,269. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Page 16 of 20 — 2/24/2003 Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING ARRANGEMENT WITH THE STATE OF TEXAS FOR CELLULAR WIRELESS AND EQUIPMENT SERVICES. Mr. Gordon Island, Purchasing Officer. Councilmember Seeger made the motion, seconded by Councilmember Viktorin, to approve Resolution No. R2003-36. City Manager, Bill Eisen, stated this item is an agreement regarding cell phone services for the City with an estimated cost of $44,400. Brief discussion ensued among Council and Staff regarding the use of the current cell phones and how to dispose of the old phones. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT PRICE SUPPLY CONTRACT FOR WATER TREATING CHEMICALS. Mr. Gordon Island, Purchasing Officer. Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to approve Resolution No. R2003-35. City Manager, Bill Eisen, stated this item is regarding a contract providing water treatment chemicals for the cultivation of water with an annual contract cost of $35,000. He stated the NAPCO Chemical Company would provide the water treatment services. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Page 17 of 20 — 2/24/2003 23 Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-37 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT PRICE SUPPLY CONTRACT FOR THE PURCHASE OF PORTABLE DEFIBRILLATOR MULTI -PARAMETER MONITOR EQUIPMENT. Mr. Gordon Island, Purchasing Officer. Councilmember Viktorin made the motion, seconded by Councilmember Marcott, to approve Resolution No. R2003-37. City Manager, Bill Eisen, stated this item is for the purchase of portable defibrillator devices used by the City's Emergency Medical Services Department. He stated the equipment would cost approximately $45,000. Brief discussion ensued among Council and Staff regarding current devices used by the City Emergency Service Department. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Mayor Reid asked Robert Caldi would he like to address Council concerning Item No. 13 before Council adjourned into Executive Session. Robert Caldi, 3602 Pine Chase, addressed Council and stated he encourages Council to support Item No. 13. He stated he feels it is in the best interest of Pine Hollow Estates. Council adjourned into Executive Session under Texas Government Code at 9:55 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.072 — CONSULTATION WITH CITY ATTORNEY: REGARDING THE ACQUISITION OF LAND ASSOCIATED WITH CITY PARKS. Mr. Darrin Coker, City Attorney. Page 18 of 20 — 2/24/2003 -~ 2. SECTION 551.072 — CONSULTATION WITH CITY ATTORNEY: REGARDING THE ACQUISITION OF LAND ASSOCIATED WITH RIGHT -OF WAY. Mr. Darrin Coker, City Attorney. 3. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY: REGARDING PENDING LITIGATION ASSOCIATED WITH EXTRA TERRITORIAL JURISDICTION BOUNDARIES. Mr. Darrin Coker, City Attorney. 4. SECTION 551.072 — CONSULTATION WITH CITY ATTORNEY: REGARDING THE ACQUISITION OF LAND ASSOCIATED WITH CITY FACILITIES. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 10:50 p.m. COUNCIL ACTION — REGARDING THE ACQUISITION OF LAND ASSOCIATED WITH CITY PARKS. Mr. Darrin Coker, City Attorney. This item was passed with no Council action taken. COUNCIL ACTION — REGARDING THE ACQUISITION OF LAND ASSOCIATED WITH RIGHT -OF WAY. Mr. Darrin Coker, City Attorney. This item was passed with no Council action taken. COUNCIL ACTION — REGARDING PENDING LITIGATION ASSOCIATED WITH EXTRA TERRITORIAL JURISDICTION BOUNDARIES. Mr. Darrin Coker, City Attorney. This item was passed with no Council action taken. COUNCIL ACTION — REGARDING THE ACQUISITION OF LAND ASSOCIATED WITH CITY FACILITIES. Mr. Darrin Coker, City Attorney. This item was passed with no Council action taken. ADJOURNMENT Meeting was adjourned at 10:51 p.m. Page 19 of 20 — 2/24/2003 N 29 30 Minutes approved as submitted and/or corrected this 10th day of March A.D., 2003. Tom Reid Mayor ATTEST - Page 20 of 20 — 2/24/2003