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2003-05-12 CITY COUNCIL REGULAR MEETING MINUTES - 7:00PMMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MAY 12, 2003, AT 7:00 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 Richard Tetens Woody Owens 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; Executive Director of Economic Development Corporation Fred Welch; Marketing Manager of Economic Development Corporation Will Benson; Police Chief J. C. Doyle; City Engineer John Hargrove; Public Affairs Liaison Lynn Munford; Director of Finance Mary Ross; Parks & Recreation Director Thomas Grieve; Public Works Director Jerry Burns; Fire Marshal Steve Chapman; Deputy Fire Marshal John Durham; Assistant Fire Marshal Steve Norton; Purchasing Officer Gordon Island; Project Director Joe Wertz; Assistant Police Chief Johnny Spires. The invocation was given by Councilmember Viktorin and the Pledge of Allegiance was led by Police Chief J. C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported on April 29 he attended the Chamber Open House at Corl's Funeral Home; April 30 he spoke at the Volunteer Week Luncheon; May 1 he attended a PEDC Broker's Day Luncheon, the HGAC Legislative Committee Meeting, and the South East Economic Development Council Meeting; May 2 he attended a Chamber Business Breakfast; May 3 he participated in Election Day; May 4 he attended the Saint Andrews Building Meeting; May 5 he attended an Agenda Meeting, met with University of Houston Officials, and attended a Council Workshop; May 6 he attended the AARP Monthly Meeting and a Special Council Meeting swearing in new Councilmembers; May 7 he attended the Pearland Neighborhood Center Annual Info Forum; May 8 he attended a Ribbon Cutting Ceremony for Fellowship Church, a Pearland Community Hospital Officials Meeting, and a Pearland Community Hospital Board Meeting; May 12 he attended a singing event at City Hall with Silverlake Children's Choir. Page 1 of 21 — 5/12/2003 7:00 p.m. Mayor Reid presented a Proclamation to Police Chief J.C. Doyle and Assistant Police Chief Johnny Spires proclaiming May 11 —17, 2003 as National Police Week. Brief comments were given by Police Chief J.C. Doyle regarding National Police Week. He gave a brief history of the Police Officers who lost their lives in the line of duty. Mayor Reid presented a Proclamation to Nell Fuller for the American Business Women Association proclaiming May 20, 2003 as American Business Women Association Day. Brief comments were given by Ms. Nell Fuller. Mayor Reid presented a Proclamation to Anjay Ajodha for Spelling Bee competitions proclaiming May 23, 2003 as Anjay Ajodha Day. Brief comments were given by a Challenger Elementary School Principal stating Anjay Ajodha would be attending the National Spelling Bee Competition in Washington. Mayor Reid presented a Proclamation to Pearland EMS proclaiming May 18 — 24, 2003 as Emergency Medical Services Week. Brief comments were given by Pearland EMS. Mayor Reid presented a Proclamation to Steve Chapman, Steve Norton, and John Durham for Hurricane Awareness in Pearland proclaiming May 18 — 24, 2003 as Hurricane Awareness Week. Fire Marshal, Steve Chapman, gave brief comments regarding Emergency Management for the City of Pearland and hurricane awareness. COUNCIL ACTIVITY REPORTS: Passed. CITY MANAGER'S REPORT City Manager, Bill Eisen, stated there would not be a Council Meeting on May 26, 2003, due to the Memorial Day Holiday. He stated the City Pool would be opening the Saturday preceding Memorial Day and Public Hearings would take place next week. CITIZENS Michael Klaus, 5016 Groveton, addressed Council and stated he would like to receive a copy of the Barry Rose Hydrology and Hydraulic Study and has requested a copy Page 2 of 21 — 5/12/2003 7:00 P.M. through Public Information. He stated he has concerns about elected officials non- attendance at certain meetings. Councilmember Woody Owens stated that in reference to the Brazoria Drainage District Meeting he met with the County the morning of the meeting. He stated some meetings are not obligated for City Council to attend and Staff attends those meetings because Staff functions on a daily basis regarding some of the topics taking place in the meeting. He stated the City Manager attends a majority of those meetings; Council receives information from the City Manager. Councilmember Owens stated the meetings are discussed by the City Manager with Council because the daily contact and work is through the City Manager's Department. The Flood Control Meetings have been taking place for an extended period of time and Council does attend a numerous amount of those meetings. He further stated that Mr. Klaus may not be aware of some details surrounding the meetings he has attended; the meetings may also pertain to County regulated issues and the City could not make any decisions regarding those issues. In closing Councilmember Owens advised Mr. Klaus to further research the meetings he attends and to contact the City Engineer in order to address any questions or concerns he has regarding those meetings and the City's attendance. Dr. Phyllis Riney, 2314 North Grand, addressed Council and stated she is the pastor for First United Methodist Church. She would like to invite the City to the Law Enforcement Sunday at First United Methodist Church. Michael Klaus, 5016 Groveton, addressed Council and stated he has concerns regarding emergency readings for City Ordinances. Mr. Klaus further commented on the meetings he has attended with no Elected City Official representatives present. Nancy Kozanecki, 3705 Pine Branch Drive, addressed Council and stated she is a trustee for the Pine Hollow Homeowner's Association. She stated during Tropical Storm Alison Pine Hollow Estates had flooding problems and currently has pond drainage problems. She gave a brief report on the Pine Hollow Estates Drainage Study. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the April 14, 2003, Public Hearing held at 7:00 p.m. 2. Minutes of the April 14, 2003, Regular Council Meeting at 7:30 p.m. 3. Minutes of the February 17, 2003, Joint Public Hearing held at 6:30 p.m. Page 3 of 21 — 5/12/2003 7:00 p.m. Councilmember Viktorin made the motion, seconded by Councilmember Owens, to adopt Consent Agenda Item A, as presented on the Consent Agenda. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. MATTER REMOVED FROM CONSENT AGENDA None NEW BUSINESS FIRST AND ONLY READING OF ORDINANCE NO. 1109 — AN ORDINANCE AUTHORIZING THE PURCHASE OF A SURETY RESERVE FUND POLICY; AND ENACTING OTHER PROVISIONS RELATING THERETO; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to table Ordinance No. 1109 on its first and only reading. City Manager, Bill Eisen, requested that Council table the Ordinance and stated this item allows the City to purchase a surety reserve fund policy. He stated he is waiting to attend a meeting with the surety company. Frank Ildebrando, RBC Dain Rauscher, addressed Council and stated he is the City's financial advisor. He gave additional comments regarding the meeting with the surety company. Rick Witte, Andrew & Kurth, addressed Council and stated he wanted to add some clarification to the comment made about emergency readings of City Ordinances. He stated it's very important for the City to adopt City Ordinances regarding Bonds on a first and only reading. Mr. Witte stated under Texas Law Chapter 12 of the Government Code the City is allowed to adopt a Bond Ordinance in one reading. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. Page 4 of 21 — 5/12/2003 7:00 p.m. FIRST AND ONLY READING OF ORDINANCE NO. 1110 — ORDINANCE AUTHORIZING AND ORDERING THE ISSUANCE OF CITY OF PEARLAND, TEXAS PERMANENT IMPROVEMENT BONDS, SERIES 2003; PRESCRIBING THE TERMS AND FORM THEREOF; PROVIDING FOR THE PAYMENT OF THE PRINCIPALL THEREOF AND INTEREST THEREON; AWARDING THE SALE THEREOF; AUTHORIZING THE PREPARATION AND DISTRIBUTION OR AN OFFICIAL STATEMENT TO BE USED IN CONNECTION WITH THE SALE OF THE BONDS; AUTHORIZING THE PURCHASE OF BOND INSURANCE; MAKING OTHER PROVISIONS REGARDING SUCH BONDS; INCLUDING USE OF THE PROCEEDS THEREOF, AND MATTERS INCIDENT THERETO; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1110 on its first and only reading for ABN Financial Services with the bid of 4.489103%. City Manager, Bill Eisen, stated this item is the second installment for the sale of bonds. Frank Ildebrando, RBC Dain Rauscher, addressed Council and stated interest rates have dropped dramatically in the past 6 to 8 weeks and the lowest average he has been seen. He gave a brief overview of the companies' bids. He stated the lowest bid was received by ABN at 4.4891% and he recommends Council to approve this current Ordinance. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1111 — AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF PEARLAND TEXAS CETIFICATES OF OBLIGATION, SERIES 2003; PRESCRIBING THE TERMS AND FORM THEREOF; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL THEREOF AND INTEREST THEREON; AWARDING THE SALE THEREOF; AUTHORIZING THE PREPARATION AND DISTRIBUTION OF AN OFFICIAL STATEMENT TO BE USED IN CONNECTION WITH THE SALE OF THE CERTIFICATES; AUTHORIZING THE PURCHASE OF BOND INSURANCE; MAKING OTHER PROVISIONS REGARDING SUCH CERTIFICATES, INCLUDING USE OF THE PROCEEDS THEREOF, AND MATTERS INCIDENT THERETO; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Tetens, to Page 5 of 21 — 5/12/2003 7:00 p.m. approve Ordinance No. 1111 on its first and only reading for RBC Dain Rauscher with the bid of 4.060050%. City Manager, Bill Eisen, stated this item is regarding an installment for the sale of bonds allowing several projects to take place. Frank Ildebrando, RBC Dain Rauscher, addressed Council and stated 8 bids were received and gave a brief overview of the companies' bids. He stated the lowest bid was received by RBC Dain Rauscher at 4.060% and he recommends Council to approve this current Ordinance. Councilmember Owens stated City Manager, Bill Eisen, made this take place in good timing. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1112 — ORDINANCE AUTHORIZING ISSUANCE OF CITY OF PEARLAND, TEXAS, WATER AND SEWER SYSTEM REVENUE BONDS; SERIES 2003; PRESCRIBING THE TERMS AND CONDITIONS THEREOF; PROVIDING FOR THE PAYMENT THEREOF; AWARDING THE SALE THEREOF; AUTHORIZING THE PREPARATION AND DISTRIBUTION OF AN OFFICIAL STATEMENT TO BE USED IN CONNECTION WITH THE SALE OF THE CONDS; AUTHORIZING THE PURCHASE OF BOND ISURANCE; MAKING OTHER PROVISIONS REGARDING SUCH BONDS AND MATTERS INCIDENT THERETO; AUTHORIZING EXECUTION AND DELIVERY OF A PAYING AGENT/REGISTRAR AGREEMENT; CONTAINING OTHER MATTERS RELATED THERETO; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager. Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Tetens, to approve Ordinance No. 1112 on its first and only reading for ABN Financial Services with the bid of 4.290253%. City Manager, Bill Eisen, stated this item is regarding the Sewer System Revenue Bonds in the amount of 9.5 million dollars. Frank Ildebrando, RBC Dain Rauscher, addressed Council and stated 7 bids were received and gave a brief overview of the companies' bids. He stated the lowest bid was received by ABN at 4.2902% and he recommends Council to approve this current Ordinance. Page 6 of 21 — 5/12/2003 7:00 p.m. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-650 - 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 HEAVY MACHINERY STORAGE AND REPAIR, ON THE FOLLOWING PROPERTY 2.00 ACRES OUT OF A 5.00 ACRE TRACT OF LOT 1, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 19, H.T.& B.R.R. COMPANY SURVEY, ABSTRACT 243, BRAZORIA COUNTY, TEXAS (8434 BROOKSIDE ROAD)(APPLICATION NO. 1094)(SPECIFIC USE NO. 126) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT - SPECIFIC USE (C(S)) AT THE REQUEST OF JUSTIN BRANTLEY, 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 Viktorin made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-650 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for the approval of (Application No. 1094) (Specific Use Application No. 126). City Manager, Bill Eisen, stated this item would allow an existing business to meet the requirements of the zoning ordinance. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-651 - 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 Page 7 of 21 — 5/12/2003 7:00 p.m. PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING .82 ACRES, BEING .37 ACRES AND .4497 ACRES, BOTH BEING A PART OF THE H.T. & B. R.R. COMPANY SURVEY, A292 AND PART OF THE A.C.H. & B. SURVEY, A-416, BRAZORIA COUNTY, TEXAS (5357 MAIN STREET)(APPLICATION NO. 1095) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF ROBERT RIVAS, AGENT FOR LYNN D. WILLIAMS, 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 Owens made the motion, seconded by Mayor Pro -Tem Tetens, to approve Ordinance No. 509-651 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for the approval of (Application No. 1095). City Manager, Bill Eisen, stated this is an existing building. The zoning change would allow the owner to lease the building for commercial business use. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-652 - 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 5 ACRES OF TRACT 21, ALLISON RICHEY GULF COAST HOME COMPANY SUBURBAN GARDENS, SECTION 8, H.T.& B.R.R. COMPANY SURVEY, A-504, BRAZORIA COUNTY, TEXAS (2533 & 2537 ROY ROAD) (APPLICATION NO. 1096) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) 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 8 of 21 — 5/12/2003 7:00 p.m. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Viktorin, to approve Ordinance No. 509-652 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for the approval of (Application No. 1096). City Manager, Bill Eisen, stated there are existing structures on the property. The owner came before Council previously requesting a zone change to industrial and it was denied. During that time Council recommended the owner put in a new request for a commercial zone change. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-653 - 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 5.284 ACRES, JOHN W. MAXEY SURVEY, A-721, BRAZORIA COUNTY, TEXAS (BROADWAY STREET @ SUNRISE BOULEVARD) (APPLICATION NO. 1100) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF SMITH MILLER, LTD., 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 Tetens, to approve Ordinance No. 509-653 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for the approval of (Application No. 1100). City Manager, Bill Eisen, stated the property is located at the main entrance of Sunrise Lakes Subdivision. The zone change would allow future office use of the property. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Page 9 of 21 — 5/12/2003 7:00 p.m. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-654 - 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 ALL OF LOTS 1-40, INCLUSIVE IN BLOCK 15, ALL OF LOTS 24-29, INCLUSIVE IN BLOCK 16, AND ALL OF LOTS 20- 25, INCLUSIVE IN BLOCK 14, IN THE ORIGINAL TOWN SITE OF PEARLAND; AND .148 ACRE TRACT, ALL IN THE H. T. & B. R.R. COMPANY SURVEY, A-232, BRAZORIA COUNTY, TEXAS (4201 BROADWAY STREET) (APPLICATION NO.. 1104) FROM CLASSIFICATION MULTI FAMILY DISTRICT (MF) AND GENERAL BUSINESS DISTRICT (GB) TO PLANNED UNIT DEVELOPMENT (PUD) AT THE REQUEST OF KEVIN COLE, AGENT FOR JEROME KARAM, 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 Owens, to approve Ordinance No. 509-654 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for the approval of (Application No. 1104). City Manager, Bill Eisen, stated there were some initial concerns regarding the zone change, but the properties did come to closure regarding the issue. Mayor Reid stated he thinks this is good project, including the original guidelines of the former founders of Pearland. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-655 - 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 6.925 ACRES, TRACT I: BEING Page 10 of 21 — 5/12/2003 7:00 p.m. THE SOUTH 2 ACRES OUT OF LOT 36; AND TRACT II, BEING 4.925 ACRES, OUT OF LOT 37, BOTH IN FIGLAND ORCHARD SUBDIVISION NO. 1, SECTION 13, H. T. & B. R.R. COMPANY SURVEY, A-240, BRAZORIA COUNTY, TEXAS (3054 HATFIELD ROAD)(APPLICATION NO. 1102) FROM CLASS-IFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO MOBILE HOME PARK DISTRICT (MH) AT THE REQUEST OF JOHN S. POWELL, ATTORNEY, AGENT FOR IRA WILLIAM (BILL) HUBBARD 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 Viktorin made the motion, seconded by Councilmember Marcott, to deny Ordinance No. 509-655 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for the denial of (Application No. 1102). City Manager, Bill Eisen, stated this is an existing facility. Approval of the ordinance would allow for the expansion of the Mobile Home Park. Councilmember Marcott stated the Texas Commission of Environmental Quality wrote a letter advising that no additional manufactured homes should be added to the property due to poor wastewater collection. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0 FIRST READING OF ORDINANCE NO. 509-656 - 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, BEING THE NORTH 1/2 OF LOT OR TRACT NO. 36, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 19, H. T. & B. R.R. COMPANY SURVEY, A-243, BRAZORIA COUNTY, TEXAS (ADAMO LANE) (APPLICATION NO. 1098) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF RICHARD AND TERRY WEMHOFF, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN Page 11 of 21 — 5/12/2003 7:00 p.m. EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to approve Ordinance No. 509-656 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for the approval of (Application No. 1098). City Manager, Bill Eisen, stated approval of the ordinance would allow for construction of a single-family dwelling. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-657 - 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 36, BLOCK 1, SOMERSETSHIRE ESTATES, H. T. & B. R.R. COMPANY SURVEY, A-304, BRAZORIA COUNTY, TEXAS (9805 EXCALIBUR'S COURT) (APPLICATION NO. 1099) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF DAVID A. AND DIANN R. GARDONI, 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 Tetens made the motion, seconded by Councilmember Marcott, to approve Ordinance No. 509-657 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for the approval of (Application No. 1099). City Manager, Bill Eisen, stated this ordinance would allow construction for a single- family dwelling. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Page 12 of 21 — 5/12/2003 7:00 p.m. Voting "No" None. Motion Passed 5 to 0. FIRSTREADING OF ORDINANCE NO. 509-658 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE N0. 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, BEING THE SOUTH 1/2 LOT OR TRACT NO. 36, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 19, H. T. & B. R.R. COMPANY SURVEY, A-243, BRAZORIA COUNTY, TEXAS (ADAMO LANE) (APPLICATION NO. 1101) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (R -E) AT THE REQUEST OF MICHAEL V. JENKINS, 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 Tetens, to approve Ordinance No. 509-658 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for the approval of (Application No. 1101). City Manager, Bill Eisen, stated this ordinance would allow construction for a single- family dwelling. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, Viktorin. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-657 - 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 36, BLOCK 1, SOMERSETSHIRE ESTATES, H. T. & B. R.R. COMPANY SURVEY, A-304, BRAZORIA COUNTY, TEXAS (9805 EXCALIBUR'S COURT) (APPLICATION NO. 1099) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF DAVID A. AND Page 13 of 21 — 5/12/2003 7:00 p.m. DIANN R. GARDONI, 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 Tetens made the motion, seconded by Councilmember Marcott, to approve Ordinance No. 509-657 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for the approval of (Application No. 1099). City Manager, Bill Eisen, stated this ordinance would allow construction for a single- family dwelling. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-69 - 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 CARTER & BURGESS, INC. FOR CONSTRUCTION MANAGEMENT AND MATERIALS TESTING SERVICES ASSOCIATED WITH THE SHADOW CREEK SEWER PROJECT, PHASE IL Mr. Bill Eisen, City Manager. Councilmember Seeger made the motion, seconded by Councilmember Viktorin, to approve Resolution No. R2003-69. City Manager, Bill Eisen, stated this item includes the contract with Carter & Burgess, Inc. for construction management and materials testing on phase two of the Shadow Creek sewer line. The contract is in the amount of approximately $75,000 with Carter and Burgess, Inc. A subcontractor would be part of the project, increasing the total amount to $98,248.25. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, Viktorin. Voting "No" None. Motion Passed 5 to 0. Page 14 of 21 — 5/12/2003 7:00 p.m. FIRST AND ONLY READING OF ORDINANCE NO. 1107 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, BY AMENDING CHAPTER 30, UTILITIES OF THE PEARLAND CITY CODE OF ORDINANCES BY ADDING ARTICLE V, "CROSS -CONNECTION CONTROL AND PREVENTION"; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. Mr. Bobby Whisenant, Water Production & Waste Water Treatment Superintendent. Councilmember Viktorin made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1107 on its first and only reading. City Manager, Bill Eisen, stated Council recently held a workshop on protecting the City's water supply system. This ordinance is regarding cross -connection control and prevention. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-71 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 AUTHORIZING THE ISSUANCE OF $8,500,000 UNLIMITED TAX BONDS, SERIES 2003. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2003-71. City Manager, Bill Eisen, stated this item provides for City Council's decision for issuance of bonds for Municipal Utility District No. 6. Municipal Utility District No. 6 is located within the City's extraterritorial jurisdiction, and the bonds would be in the amount of 8.5 million dollars. Councilmember Marcott asked would the bonds extend the time for payoff? City Attorney, Darrin Coker, stated the payoff time would be extended and explained during the workshop the financial advisor was for a different Municipal Utility District. David Underwood, Attorney for Municipal Utility District No. 6, addressed Council and stated this issuance of bonds still hold a twenty-year maturity. Page 15 of 21 — 5/12/2003 7:00 p.m. Discussion ensued among Mr. Underwood, Council, and Staff regarding the payment time and the use of the bonds. Additional discussion ensued among Council and Staff regarding the time frame Municipal Utility District No. 6 would be annexed. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, and Seeger. Voting "No" Councilmember Marcott. Motion Passed 4 to 1. COUNCIL ACTION — REGARDING FINALIZING THE APPOINTMENTS TO THE CITIZEN'S CODE ADVISORY COMMITTEE (CCAC) CHARGED WITH ASSISTING THE CITY COUNCIL, PLANNING AND ZONING COMMISSION, AND PLANNING CONSULTANT IN PREPARING THE NEW LAND DEVELOPMENT CODE (UNIFIED DEVELOPMENT CODE). Mr. Tobin Maples, Executive Director of Community Services. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Marcott, to approve finalizing appointments to the Citizen's Code Advisory Committee (CCAC). Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Owens, to appoint Jessie Gutierrez. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Owens, to appoint Renee West. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Owens, to appoint Tom Allen. Page 16 of 21 — 5/12/2003 7:00 p.m. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. Councilmember Marcott stated that during the meetings, Planning and Zoning was considered for part of the committee; however, should the Zoning Board of Adjustments be considered? Councilmember Marcott recommended Marvin Elam. Councilmember Marcott made the motion, seconded by Councilmember Owens, to appoint Marvin Elam. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. Councilmember Viktorin made the motion, seconded by Councilmember Owens, to adopt the mission and role of the CCAC as providing policy guidance on planning issues, react and provide feedback on materials presented to the committee, and review and comment on proposed plan amendments and the draft code. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1113 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 6, ANIMALS AND FOWL, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, FOR THE PURPOSE OF REGULATING THE LICENSING OF DOGS AND CATS; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE; PROVIDING AN EMERGENCY CLAUSE. Mr. Darrin Coker, City Attorney. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Tetens, to approve Ordinance No. 1113 on its first and only reading. City Manager, Bill Eisen, stated the City's Animal Control Department requires that dogs Page 17 of 21 — 5/12/2003 7:00 p.m. and cats be vaccinated yearly. He stated the State requirements have changed to vaccinations every 3 years and the City's Animal Control Department would like to reflect the same. Executive Director of Community Services, Tobin .Maples, stated Shari Coleman, Animal Control Records Officer, is doing a wonderful job. Animal Control Records Officer, Shari Coleman, stated this was initially set-up yearly to ensure dogs and cats were vaccinated for the rabies virus. The state has recommended that just the rabies vaccination be given once every three years. The citizens did make the request for the City to reflect the States decision. Councilmember Marcott asked about the City's License fee. City Attorney, Darrin Coker, stated that the License would be renewed every three years. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-70 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN EARNEST MONEY CONTRACT WITH AMVEST CORPORATION FOR THE SALE OF DETENTION PROPERTY. Mr. Alan Mueller, Deputy City Manager. Councilmember Seeger made the motion, seconded by Councilmember Owens, to approve Resolution R2003-70 on its first reading. City Manager, Bill Eisen, stated two years ago the City entered into a contract with Amvest Corporation to purchase land from the company for future development. A portion of the detention site would be owned by the City of Pearland. The item is regarding the developer purchasing part of the property to continue construction for Sunrise Lakes. Councilmember Marcott asked would the City lose money. Deputy City Manager, Alan Mueller, stated all the taxes would have went to the Municipal Utility District, and on the resale the developer is paying all closing costs. Page 18 of 21 — 5/12/2003 7:00 p.m. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-72 - 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. Councilmember Viktorin made the motion, seconded by Councilmember Seeger, to table Resolution No. R2003-72. City Manager, Bill Eisen, stated this item is for the purchase of rolling stock vehicles through the joint HGAC pricing arrangement of $244,308.26. Councilmember Marcott asked about the total number of vehicles. City Manager, Bill Eisen, stated there were additional vehicles included originally. Discussion ensued among Council and Staff regarding the number of vehicles and the prices. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — REGARDING TRAFFIC IMPACT FEE STUDY. Mr. Alan Mueller, Deputy City Manager. Councilmember Owens made the motion, seconded by Councilmember Viktorin, to approve the Traffic Impact Fee Study. City Manager, Bill Eisen, stated Council previously discussed this item and during that time requested some additional information. Two examples of ordinances that exist in other communities have been given to Council for reference. The study would allow the City to proceed with the development of fee information. Page 19 of 21 — 5/12/2003 7:00 p.m. Councilmember Owens asked Council are they agreeing to adopt the item. Councilmember Seeger stated general discussion would allow more information. Councilmember Tetens stated Council currently does not have enough information, and in order to decide on developing an ordinance they should proceed with the study. Lengthy discussion ensued among Council regarding a future ordinance for an impact fee and the research cost of approximately $62,000. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — REGARDING APPOINTMENTS TO THE CIVIL SERVICE COMMISSION, ELECTRICAL BOARD, ECONOMIC DEVELOPMENT CORPORATION PARKS AND RECREATION, PLANNING AND ZONING, AND ZONING BOARD OF ADJUSTMENTS. Mr. Bill Eisen, City Manager. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Tetens, to table appointing to the Civil Service Commission, Electrical Board, Economic Development Corporation, Parks and Recreation, Planning and Zoning, and the Zoning Board of Adjustments. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: None. ADJOURNMENT Meeting was adjourned at 9:26 p.m. Page 20 of 21 — 5/12/2003 7:00 p.m. Minutes approved as submitted and/or corrected 2003. ATTEST: this 9t" day of June A.D., Tom Reid Mayor Page 21 of 21 — 5/12/2003 7:00 p.m.