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2003-11-10 CITY COUNCIL REGULAR MEETING MINUTESp — MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 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 Richard Tetens Charles Viktorin Woody Owens Klaus Seeger Larry Marcott 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; Police Chief J.C. Doyle; City Engineer Doug Kneupper; Public Affairs Liaison Lynn Munford; Interim Director of Finance Andrea Jason; Parks & Recreation Director Thomas Grieve; Purchasing Officer Gordon Island; Public Works Superintendent Cecil Bowery; Planning Manager of Community Development Lata Krishnarao; Police Department System Administrator Paul Dillon; Project Manager Peggy Jo Betzer. 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 October 29 he attended the Hazard Mitigation Public Hearing; October 30 he attended a Special Photo Session with the Brazoria Drainage District No. 4 Chairman Ben Lenamon; October 31 he attended a Luncheon with Pearland Journal Staff; November 1 he attended the Pearland Hindu Community "Festival of Light" at the Silvercrest School; November 3 he attended an Agenda Meeting, the School District Education Improvement Committee Meeting, and a Council Public Hearing and Workshop; November 4 he attended a meeting with the City and Brazoria Drainage District and Staff; November 5 he attended a Gulf Coast Realtor Association Meeting and visisted with an Economic Development Group; November 7 he attended the Chamber Before Work Breakfast; November 8 he attended the Methodist Church Craft Show; November 10 he attended the Leadership Pearland Dinner. Mayor Reid introduced the Pearland Leadership Class 5. He stated this is a wonderful addition and gives an opportunity to become more acquainted with government related Page 1 of 20 — 11/10/2003 to the City of Pearland, Brazoria County, and the State of Texas. Mayor Reid announced graduation for this class will be in May, and a new class starts in September. Mayor Reid and Councilmember Marcott presented a proclamation to Susie Finger, Karen White, and Tina Goodall proclaiming November 9-15, 2003, as "ARON Perioperative Nurse Week". Susie Finger stated ARON has been around for 50 years, and the Houston Chapter is one of the founding chapters. She stated they are very proud to receive the proclamation. Karen White stated perioperative nursing is about patient safety and providing properly for the patient. She thanked the City for recognizing the nurses. Susie Finger stated she has been a perioperative nurse for 17 years and she loves being a nurse. She thanked the City for recognizing the nurses. Councilmember Marcott commented on the proclamation given last year at the Kelsey - Seybold location. He stated the location was full, and you could see the dedication from the nurses. COUNCIL ACTIVITY REPORTS Mayor Pro -Tem Tetens reported he attended the Clear Creek Steering Committee Meeting and the Citizen Code Advisory Committee Meeting. Councilmember Viktorin reported he attended the Clear Creek Steering Committee Meeting. During the meeting, the Corps of Engineers gave an update regarding the status. He attended the Citizens Advisory Committee Meeting as well. He stated there would be a Pearland Arts League Meeting on November 14, 2003. Councilmember Owens passed. Councilmember Marcott reported traffic issues in Pearland versus the FM 1960 area. He stated the traffic along FM 1960 is terrible. The traffic problem is less in Pearland, but the problem does need to be addressed. He attended a Pearland football game. He attended a play at the High School and commends the students. He also attended the Fire Department Garage Sale. Councilmember Seeger passed. Mayor stated on Veterans Day there will be a County Event in Alvin; Pearland VFW Post will also have an event and rededication of a gun from the Cruiser Houston. Page 2 of 20 —11 /10/2003 CITY MANAGER'S REPORT City Manager, Bill Eisen, stated on November 23, 2003, there will be a Toys for Tots Fundraiser Basketball Game at the High School Gym at 2:00 p.m. Admission is an unwrapped new toy. The toys will go to the Toys for Tots Program. The City of Pearland Annual Tree Lighting Ceremony will be December 4, 2003, at 7:00 p.m. The City of Pearland Annual Christmas Parade will be held on December 6, 2003, at 6:00 p.m., located at the High School CITIZENS Lonnie Turner, 3054 Old Chocolate Bayou Road, addressed Council and stated he is concerned about the Couty Road 89 extension. He is concerned with half of his front yard being taken for the purpose of the extension. This would cause his house to be only 25 feet from the street. He stated he would have very little entry to the front of his house and suggested the open field across the street be used to aid in the extension versus his front yard. Two separate surveys were completed on his property and both differ from one another. He stated the second survey shows more property being taken, and he would like some further information regarding the two surveys. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the August 18, 2003, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the September 15, 2003, Joint Public Hearing held at 6:30 p.m. 3. Minutes of the October 27, 2003, Public Hearing held at 6:30 p.m. 4. Minutes of the October 27, 2003, Regular Council Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-172 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE PAID HOLIDAY SCHEDULE FOR DECEMBER 2003. Mr. Bill Eisen, City Manager. C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-174 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING TIMES AND DATES FOR DECEMBER 2003, DUE TO THE HOLIDAY SEASON. Mr. Darrin Coker, City Attorney. Page 3 of 20 — 11/10/2003 D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-163 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT PRICE SUPPLY CONTRACT FOR POLICE DUTY MOTORCYCLES. Mr. Bill Eisen, City Manager. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-162 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT PRICE SUPPLY CONTRACT FOR POLICE PATROL VEHICLE EQUIPMENT. Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-164 — 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 TEXAS BUILDING AND PROCUREMENT COMMISSION FOR THE PURCHASE OF AN IBM AS/400 SERVER MAINFRAME COMPUTER FOR THE PEARLAND POLICE DEPARTMENT. Mr. Bill Eisen, City Manager. G. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 1134 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A CERTAIN FOURTEEN FOOT (14') PUBLIC UTILITY EASEMENT LOCATED IN THE J. CRAWLEY SURVEY, ABSTRACT 174, AND THE WILLIAM MORRIS SURVEY, ABSTRACT 344, BRAZORIA COUNTY, TEXAS, 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. H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-170 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE PURCHASE AND INSTALLATION OF REPLACEMENT BASKETBALL BACKBOARDS FOR THE INDEPENDENCE PARK PAVILION. Mr. Thomas Grieve, Parks and Recreation Director. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Tetens, to adopt Consent Agenda Items A through H, as presented on the Consent Agenda. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. Page 4 of 20 —11/10/2003 MATTERS REMOVED FROM CONSENT AGENDA None NEW BUSINESS FIRST READING OF ORDINANCE NO. 509-680 — 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 12.0467 ACRES, BEING OUT OF LOTS 59 AND 60 OF THE ALLISON RICHEY GULF COAST HOME COMPANY'S SUBDIVISION, SECTION 20, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 506, BRAZORIA COUNTY, TEXAS (NORTH SIDE OF FM 518, AND WEST OF CULLEN BOULEVARD) (APPLICATION NO. 1129) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF ALFRED E. LENTZ, AGENT FOR BILL WISE, 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 Councilmember Marcott, to approve Ordinance No. 509-680 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 1129. City Manager, Bill Eisen, stated the property is located West of Cullen and North of FM 518. The proposed use by the developer is for the development of a retail center. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-681 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 0.72 ACRES, GARDEN ACRES SUBDIVISION, SECTION 2, LOTS 1 AND 2, BLOCK 2, ABSTRACT 219, H.T. & B.R.R. COMPANY SURVEY, BRAZORIA COUNTY, TEXAS (GARDENIA STREET AT Page 5 of 20 — 11/10/2003 GARDEN ROAD) (APPLICATION NO. 1130) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JEFFREY AND VERETTA WHITEHEAD, 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 Owens, to approve Ordinance No. 509-681 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 1130. City Manager, Bill Eisen, stated the applicant has made the request in order to build one single-family home on the property. Voting "Aye" Councilmember Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-682 — 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 19.697 ACRES, TRACT 2A, AND 4.3412 ACRES, TRACT 3, ABSTRACT 509, H.T. & B.R.R. COMPANY SURVEY, BRAZORIA COUNTY, TEXAS (5406 MAGNOLIA STREET) (APPLICATION NO. 1127) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF ELAINE JANET W. HADDEN, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Marcott made the motion, seconded by Councilmember Seeger, to approve Ordinance No. 509-682 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 1127. Page 6 of 20 —11 /10/2003 City Manager, Bill Eisen, stated the applicant has made the request in order to bring an existing single-family home into conformance with the Zoning Ordinance. Councilmember Marcott asked if the property was almost 20 acres. City manager, Bill Eisen, stated the issue at this point is the property owner does intend to bring the current structure into conformance. The property could be subdivided in the future. As of this time, it is not the intent of the applicant to subdivide the property. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-683 — 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 5 AND 6, BLOCK 3, OF COLONIAL ESTATES, ABSTRACT 509, H.T. & B.R.R. COMPANY SURVEY, BRAZORIA COUNTY, TEXAS (5130 CONFEDERATE DRIVE) (APPLICATION NO. 1126) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF WILLIAM L. FREEMAN, 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 Mayor Pro -Tem Tetens, to approve Ordinance No. 509-683 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 1126. City Manager, Bill Eisen, stated the applicant wants to add a storage building to the existing home on the property. In order to obtain a building permit the property needs to be zoned properly. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. Page 7 of 20 — 11/10/2003 COUNCIL ACTION — RESOLUTION NO. R2003 -151A — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING R2003-151, CREATING THE JOHN LIZER/MAGNOLIA/SOUTHFORK COMMITTEE. Mr. Darrin Coker, City Attorney. Councilmember Viktorin made the motion, seconded by Councilmember Marcott, to amend Resolution No. R2003 -151A. City Manager, Bill Eisen, stated this issue was discussed in previous meetings, and it was determined during the last meeting that representatives of all the subdivisions, as well of residents who live within the potential route of the proposed road, needed to be included as part of the committee. This item would delete the reference of 8 members being on the committee and give Council the discretion of choosing any number of appointments as deemed appropriate. Kevin Granhold, 3507 Lindhaven, addressed Council and stated he has been attending most of the Council meetings over the past 5 months. His interest surrounds the 101 Bailey Project and Magnolia project. In attending these meetings he wanted to make sure confidence in Council to represent Pearland and also to ensure the bond revenues were being spent as promoted to the communities. Mr. Granhold stated the current interpretation given to the citizens of Pearland is Council is strictly moving forward on the Magnolia project due to no mention of the County Road 101 Bailey Road project since July. He stated some concerns regarding all citizens being able to speak and address their issues concerning the Magnolia project versus setting a committee based upon people who live within the potential route of the proposed road. Mr. Granhold stated he is concerned regarding the micromanaging perception that Council is giving. He stated Council should ensure that the committee chosen is trustworthy, workable, and able to make solutions for the community. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — REGARDING THE JOHN LIZER/MAGNOLIA/SOUTHFORK COMMITTEE AND POSSIBLE APPOINTMENTS TO THE COMMITTEE. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Viktorin, to appoint Molly Burkett, Joe Lynn Busick, Michael Whitney, Jason Dunmyer, and Steve Saboe to the John Lizer/Magnolia/Southfork Committee. Page 8 of 20 —11/10/2003 Mayor Reid stated Council has looked at some of the suggested members by Steve Saboe. Council has also looked at the stakeholders in the area mentioned by Councilmember Marcott. Everyone has not been contacted in the area, but there are some suggested members. Molly Burkett with Audubon Place, Joe Lynn Busick with Weatherford, Michael Whitney with Devine Acres, Jason Dunmyer and Steve Saboe with Silverlake are some of the suggested members for the committee. He designated Steve Saboe as the Chairman of the committee. Mayor Reid stated Council is serious about forming the committee and making sure the issues and concerns are addressed for the City. Steve Saboe, 3504 Lindhaven, addressed Council and stated he will stay optimistic and think that the ideals represented in the committee will be considered. He stated some of the perceptions that Mr. Granhold stated previously are being created due to Workshops given by Turner, Collie and Braden regarding the Magnolia Road Project progress and the preliminary stages beginning in June of 2004. He stated this gives an indication that something has occurred over the past few weeks that would lead them to that conclusion. Also, in the City of Pearland Comprehensive Plan references are made regarding the Magnolia Road Project. He stated these examples, including news articles, give the citizens the perception that the committee is only for the Council's use in mitigating what happens to the residents along the corridor. City Manager, Bill Eisen, stated the comments made by Turner, Collie and Braden in the previous workshop was regarding the progress on selecting some of the sub - consultants that will be evaluating Magnolia as a potential route for the East-West thoroughfare. He stated it is not the intent of Council or Staff to convey the perception that has been stated by Mr. Granhold or Mr. Saboe. He stated the current appointed committee members take this very seriously and are concerned about the project. Mayor Reid stated Council is trying very hard to do the best thing possible for the City of Pearland. He stated the City currently has 5 East-West roadways that should eventually become in place for a mature City. These roads have been on the Master Plan for years to become thoroughfares. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1023-1 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING EXHIBIT "H" OF ORDINANCE NO. 1023 AS IT APPLIES TO FEES FOR WAIVERS OF ENCROACHMENTS; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION, AND Page 9 of 20 —11/10/2003 AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1023-1 on its first reading. City Manager, Bill Eisen, stated waiver of encroachments that have been previously approved for improvements on a tract of land can encroach into a city utility easement. Because this is happening fairly often and cost are associated in processing these requests, the City Attorney did previously mention that it is appropriate for the City to develop an Ordinance for these requests. City Attorney, Darrin Coker, stated the fees are broken down into two types. One is for the labor of encroachment to a general utility easement typically associated with dry utilities located at the rear of residential lots. The second involves encroachments in the City's right-of-way easements. The fees are broken down based on those two encroachments. Those fees are $250.00 and $500.00 in order to account for the time processing and reviewing the applications for the waiver of encroachment. Mayor Reid stated changes in records involving the County and City due to the encroachments of right-of-way easements have to take place. This is why the fees are being introduced for the requests. Councilmember Marcott asked if these fees would cover the costs fully. City Attorney, Darrin Coker, stated he believes it does cover the costs. The time `-- actually spent for preparing the documentation and presenting it to Council is considered and the amounts are fair. Mayor Reid stated he thinks this is an adequate amount as well. City Attorney, Darrin Coker, stated he does not want Council to get confused with the City abandoning a right-of-way. This would be sold to a property owner for fair market value. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1133 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DISCONTINUING AND DISANNEXING CERTAIN TERRITORY FROM THE CITY AND ADJUSTING THE CITY'S BOUNDARIES ACCORDINGLY; CONTAINING A SAVINGS CLAUSE, A Page 10 of 20 — 11/10/2003 SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Tetens, to approve Ordinance No. 1133 on its first reading. City Manager, Bill Eisen, stated a Public Hearing was held earlier regarding the proposed disannexation. This item is part of a Strategic Partnership Agreement with Municipal Utility District No. 16. The disannexation comes with an agreement by the owner of the property for a payment in lieu of taxes for the entire period of time in which the property is located outside the city limits. The property owner will be required to comply with all provisions of the City's. Zoning Ordinance with the exception of uses permitted. Councilmember Marcott asked if there was a provision in place that the agreement does not go through until the property owner has instituted what has been agreed upon. City Attorney, Darrin Coker, stated if the property owner does not follow through with the agreement, then the City has the right to annex the property back into the city limits. He stated the property has to be disannexed before the property owner could do what has been placed into the agreement. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. RESOLUTION NO. R2003-167 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN AMENDMENT TO A DEVELOPMENT AGREEMENT WITH P T & T, LTD., ASSOCIATED WITH THE WEST MARY'S CREEK DETENTION FACILITY. Mr. Alan Mueller, Deputy City Manager. Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2003-167. City Manager, Bill Eisen, stated previously Council entered into an agreement with the developer of the Cypress Village Subdivision to obtain a tract of land for incorporation into the West Mary's Creek Storm Water Detention Facility. Since the agreement, more specific information is now available in regards to how much detention volume will be required by the proposed development. How much would be available for use by the City is part of the regional detention facility, and because of this, modifications are being proposed to reflect the variation in the amount of land required for the development. The original agreement states that an appraisal will need to be obtained in order to Page 11 of 20 — 11/10/2003 support the price of land that was assumed in the allocation of costs. Mr. Eisen stated that appraisal has been completed and does support the price assumptions. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. RESOLUTION NO. R2003-166 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT WITH SOWELL INTERESTS-PARKSIDE, L.P., ASSOCIATED WITH THE VETERANS DRIVE SEWER LINE. Mr. Alan Mueller, Deputy City Manager. Councilmember Viktorin made the motion, seconded by Councilmember Owens, to approve Resolution No. R2003-166. City Manager, Bill Eisen, stated this proposed agreement involves installation of a sewer line. The City sewer master plan and the impact fees are based upon construction of a line along veterans drive. The developer does intend on landscaping the area and constructing sidewalks. This would be a good opportunity to have the developer install the line while he is in the process of landscaping and constructing sidewalks. This would help reduce cost because the City would not need to do any restoration to the landscaping in the area or sidewalks if the line was installed at a later date. In exchange for the developer doing the work at this point, a credit will be given to him in the amount of the construction cost on impact fees. Councilmember Marcott asked if the amount of credit for the 80 homes would be approximately $280,000. City Manager, Bill Eisen, stated the approximate amount per unit is $3,496.00. Deputy City Manager, Alan Mueller, stated the estimate for the cost of the line is approximately $276,000. Discussion ensued among Council and Staff regarding the savings due to the developer installing the line before landscaping and constructing sidewalks, and future lift stations. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. Page 12 of 20 — 11/10/2003 COUNCIL ACTION — RESOLUTION NO. R2003-165 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR RENOVATION OF THE PEARLAND SERVICE CENTER. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, .to approve Resolution No. R2003-165. City Manager, Bill Eisen, stated the City has acquired two buildings adjacent to the service center, which will be utilized by the Parks Department for office space and equipment storage. He stated although the City is exempt from the Ordinance regarding masonry exteriors, Staff believes it is an appropriate and proper thing to do by r complying with those same requirements of the current Ordinance. The proposed expenditure includes putting a masonrycoating on the building to comply to the City's requirements and making some minor improvements within the buildings in order to bring them up to code. The bid is from Terramark Construction of Sugarland in the amount of $109,000. The architect on the project has reviewed the credentials and references of the company and recommends they be awarded with the bid. Councilmember Owens asked about previous discussion regarding the facility being utilized by Public Works. City Manager, Bill Eisen, stated in previous discussion it was stated that the Parks Department would utilize the facility. Deputy City Manager, Alan Mueller, stated that this would allow the equipment of the Parks Department to be moved into one building. This would free up space in the Service Center for Public Works to utilize. City Manager, Bill Eisen, stated the office space of the building is fairly limited and could be used for equipment storage and material storage. Councilmember Viktorin stated he has the same interpretation that Councilmember Owens has regarding the building being utilized by Public Works. He asked if the asbestos mitigation involved in the building is being performed. City Manager, Bill Eisen, stated the asbestos would not be disturbed due to the improvements and would not acquire any mitigation. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. Page 13 of 20 —11/10/2003 COUNCIL ACTION — RESOLUTION NO. R2003-169 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION OF IMPROVEMENTS ASSOCIATED WITH THE INFLOW AND INFILTRATION REDUCTION PROJECT (PHASE II). Mr. Bill Eisen, City Manager. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Viktorin, to approve Resolution No. R2003-169. City Manager, Bill Eisen, stated this is a continuation of an ongoing program to repair the existing sewer line reducing inflow and infiltration into those lines. This would be a continuation of Phase two and acceleration of portions of Phase three. Phase three involves areas around both Yost Road and Barry Rose Road. Since road construction is foreseen in those areas, the utility construction should start to avoid any damage to those new streets as they are going in. The bids were taken, and the low bidder was WESCO Infrastructure, Councilmember Owens asked for an explanation of the costs. City Manager, Bill Eisen, stated Phase two originally had approximately $1.3 million for improvements; $200,000 of that is for engineering. He stated this left $1.1 million available for construction. The source of funding for this is all from Texas Water Development Board funds. He stated this will be an ongoing program and will take a number of months to complete. Councilmember Owens asked if the engineering estimate seemed high compared to other bids received by the City. Vernon Webb, Carter & Burgess, stated it does seem high to what has been seen recently. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-168 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION OF DRAINAGE IMPROVEMENTS ASSOCIATED WITH THE TOWN DITCH PROJECT. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2003-168. Page 14 of 20 — 11/10/2003 City Manager, Bill Eisen, stated this is part of a joint project with Brazoria Drainage District No. 4 on Town Ditch improvements. This item is regarding the City's portion of the cost for that project. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-171 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, OPPOSING THE PASSAGE OF SENATE BILL 150 (SB 150), ALSO KNOWN AS THE INTERNET TAX NOW DISCRIMINATION ACT, AND URGING THE U. S. SENATORS FOR THE STATE OF TEXAS TO OPPOSE THE BILL. Mr. Bill Eisen, City Manager. Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2003-171. City Manager, Bill Eisen, stated this item is regarding the Internet Tax Nondiscrimination Act, which is currently pending before the Senate. He stated the item has been put on hold by the Senate pending further information from States and Municipalities. There is concern regarding losses on the State and Cities. This resolution would be provided to the Senators once passed by Council. Mayor Reid stated Fox News has discussed the concerns of the effectiveness of the current bill on hold. Councilmember Viktorin stated the key about this bill is it is a creation of a loophole. Cities could possibly lose revenue from companies due to this bill. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2001 -154A — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING R2001-154, ESTABLISHING GUIDELINES AFFECTING THE MAXIMUM PHYSICAL SIZE OF MUNICIPAL UTILITY DISTRICTS LOCATED WITHIN THE CITY. Mr. Darrin Coker, City Attorney. Page 15 of 20 — 11/10/2003 Councilmember Viktorin made the motion, seconded by Councilmember Owens, to approve Resolution No. R2001 -154A. City Manager, Bill Eisen, stated a workshop was held regarding the issue of inner city Municipal Utility Districts, and during the discussion, Council was concerned. about the limitation of acres. The current resolution is being amended due to incorrect wording regarding inner city Municipal Utility Districts. This amendment would only limit the size of the old Municipal Utility Districts that have the old flat $ 0.15 reimbursement model and any new districts would not be limited to acreage. Councilmember Marcott asked for the expected size of Municipal. Utility District within the City. Lynn Humphries, Allen Boone Humphries, addressed Council and stated it depends on the circumstances regarding the development. She stated each would be a little different from the other. Discussion ensued among Council, Staff, and Ms. Humphries regarding Municipal Utility Districts and the sizing. Additional discussion ensued among Council, Staff, and Ms. Humphries regarding the developers choosing the board members of the Municipal Utility Districts. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-173 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AND ADOPTING THE ZONING BOARD OF ADJUSTMENT RULES OF PROCEDURE. Mr. Tobin Maples, Executive Director of Community Development. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2003-173 amending Section 4 regarding resignation and removal procedures. City Manager, Bill Eisen, stated a few months back, rules were approved for the Planning and Zoning Commission. This item is to adopt a similar set of procedures for the Zoning Board of Adjustment. The Zoning Board of Adjustment has been involved in the development of the rules and has reviewed and approved them pending ratification by Council. Page 16 of 20 —11 /10/2003 Mayor Reid asked about page four, requesting clarification on resignation and removal procedures. Executive Director of Community Services, Tobin Maples, stated a section has been left out. mistakenly. He stated there is a section in the Land Use Book that allocates the mannerism in which a person could be removed. City Attorney, Darrin Coker, stated that duplicate language could be placed into the resolution. Mayor Reid asked if Council Agenda Items were needed in order to accept a resignation. Executive Director of Community Services, Tobin Maples, stated the written resignation letter would be brought to Council for acceptance. City Attorney, Darrin Coker, stated this resolution, if passed, would required formal action from Council regarding resignation and removal acceptance. Discussion ensued among Council regarding the differences between the current rules and procedures for the Planning and Zoning Commission versus the Zoning Board of Adjustment. Councilmember Marcott asked about the regular meeting dates and the cancellation and rescheduling of those dates. Executive Director of Community Services, Tobin Maples, stated the procedures are duplicated from the current procedures of Council Meeting. City Attorney, Darrin Coker, stated the Zoning Board of Adjustment would vote on canceling and rescheduling any meetings dates. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1135 — AN ORDINANCE GRANTING THE CONSENT OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO THE CREATION OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 34 WITHIN THE CITY'S CORPORATE BOUNDARIES. Mr. Darrin Coker, City Attorney. Page 17 of 20 — 11/10/2003 Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1135 on its first reading. City Manager, Bill Eisen, stated this item and the following item on the agenda are similar. These items involve the creation of Inner City. Municipal Utility Districts. The first item is a district involving the Southern Trails Development. The second item is 110 acres at the Northwest corner of SH 288 and FM 518. This item would also consist of commercial properties and also a Memorial Herman Hospital. In both items, the districts are designed under the new reimbursement model. Councilmember Marcott asked for the projected Municipal Utility District tax rate. Lynn Humphries, Allen Boone Humphries, stated they will be approximately $0.80. Councilmember Marcott asked about the time it would take to reimburse developers. Lynn Humphries, Allen Boone Humphries, stated it depends on the size of the Municipal Utility Districts. Discussion ensued among Council and Ms. Humphries regarding the tax rate dropping. James Johnson, Southern Trails Developer, stated this particular Municipal Utility District is not adding property. Discussion ensued among Council, Staff, and Ms. Humphries regarding property additions to current Municipal Utility Districts. City Attorney, Darrin Coker, stated Council has the authority to approve or disapprove any property to existing Municipal Utility Districts. James Johnson, Southern Trails Developer, stated the developers would be back in the future to ask for an increase of size in the Municipal Utility District. Discussion ensued among Council and Mr. Johnson regarding property expansion for Municipal Utility Districts. City Attorney, Darrin Coker, stated a change regarding the impact fee will be made prior to the second reading of the Ordinance. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. Page 18 of 20 — 11/10/2003 FIRST READING OF ORDINANCE NO. 1136 — AN ORDINANCE GRANTING THE CONSENT OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO THE CREATION OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 34 WITHIN THE CITY'S CORPORATE BOUNDARIES. Mr. Darrin Coker, City Attorney. Councilmember Marcott asked for clarification of the current employer of Lynn Humphries. Lynn Humphries clarified that the item has been pending since April, and this is the reason Vinson and Elkins are mentioned as her employer versus Allen Boone Humphries. JI Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:35 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 — PERSONNEL MATTERS — REGARDING APPOINTMENTS OR REAPPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. Mr. Bill Eisen, City Manager. NEW BUSINESS (CONTINUED): None ADJOURNMENT Meeting was adjourned at 10:10 p.m. Minutes approved as submitted and/or corrected this 24th day of November A.D., 2003. Page 19 of 20 — 11/10/2003 Tom Reid Mayor ATTEST: Page 20 of 20 —11/10/2003