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2003-12-08 CITY COUNCIL REGULAR MEETING MINUTES - 7:00PMMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON DECEMBER 8, 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 Tom Reid Mayor Pro -Tem Richard Tetens Councilmember Woody Owens Councilmember Klaus Seeger Councilmember Larry Marcott City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Absent: Councilmember Charles Viktorin. 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; Parks & Recreation Director Thomas Grieve; Public Works Director Jerry Burns. The invocation was given by Mayor Pro -Tem Richard Tetens, and the Pledge of Allegiance was led by James Eagan of Troop #464. MAYOR'S ACTIVITY REPORT Delores Fenwick announced that as of 2004, she would semi -retire as the Executive Director of Keep Pearland Beautiful. Ms. Fenwick announced Linda Cowles as the new Executive Director of Keep Pearland Beautiful. She stated they recently went to Washington, D.C., and Ms. Cowles received training and information. Mayor Reid expressed his appreciation for the service given by Delores Fenwick during her position as the Executive Director of Keep Pearland Beautiful. He stated several awards were presented to Keep Pearland Beautiful during her tenure. Mayor Reid reported, on December 1 he attended an Agenda Meeting, a Brazoria County Alliance Road Committee Meeting, and a Council Workshop; December 2 he attended a Presentation to Shadow Creek Realtor Group, an AARP Monthly Meeting, a Neighborhood Center Open House, and the YMCA Skate Park Committee Meeting; December 3-5 he attended the Texas Association Regional Council Board of Directors Quarterly Meeting. Page 1 of 18 —12/08/2003 7:00 P.M. COUNCIL ACTIVITY REPORTS Mayor Pro -Tem Tetens reported on December 4 he attended the Tree Lighting Ceremony and on December 6 he attended the Back Street Christmas Parade. -- Councilmember Owens passed. Councilmember Marcott passed. Councilmember Seeger passed. CITY MANAGER'S REPORT City Manager, Bill Eisen, stated the City's holiday schedule is different from previous years. City Facilities will be closed on December 25 — 26, due to the 25th being on a Thursday. CITIZENS Michael Klaus, 5016 Groveton, addressed Council and stated he is happy to hear Turner, Collie and Braden and Consultants will be accessing all of the projects along Mary's Creek. He asked that the companies take a look at Magnolia and Veterans Detention. He gave additional comments regarding the Corps of Engineers. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the November 24, 2003, Regular Council Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1138 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF A MONUMENT SIGN AND BRICK FLOWER BEDS INTO THE CITY'S RIGHT-OF-WAY AT THE INTERSECTION OF C.R. 59 AND JACKSON AVENUE IN THE CITY OF PEARLAND. Mr. Darrin Coker, City Attorney. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1137 — AN ORDINANCE OF THE CITY Page 2 of 18 — 12/08/2003 7:00 P.M. COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF AN ELECTRIC LINE INTO A UTILITY EASEMENT. Mr. Darrin Coker, City Attorney. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1139 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF MONUMENT SIGNS INTO THE CITY'S RIGHT-OF-WAY AT THE INTERSECTION OF SCHLEIDER DRIVE AND PLUM STREET AND THE INTERSECTION OF SCHLEIDER DRIVE AND ORANGE STREET. Mr. Darrin Coker, City Attorney. E. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE OF PARKS AT WALNUT BEND SECTION TWO. Mr. Doug Kneupper, City Engineer. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-183 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT PRICE SUPPLY CONTRACT FOR COMMERCIAL MOWING EQUIPMENT. Mr. Bill Eisen, City Manager. G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-190 — 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 RADIOS FOR POLICE VEHICLES AND MOTORCYCLES. Mr. Bill Eisen, City Manager. Mayor Reid asked that Consent Agenda Item G be removed from the Consent Agenda for further discussion. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to adopt Consent Agenda Items A through G, with the exception of item G, as presented on the Consent Agenda. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Viktorin absent. Page 3 of 18 — 12/08/2003 7:00 P.M. MATTERS REMOVED FROM CONSENT AGENDA COUNCIL ACTION — RESOLUTION NO. R2003-190 — 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 RADIOS FOR POLICE VEHICLES AND MOTORCYCLES. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Marcott, to approve Resolution No. R2003-190. City Manager, Bill Eisen, stated the Police Department has re-evaluated the need for some of the listed equipment and has decided the department needs could be met, including officer safety, after reducing the amount of the listed equipment. Three auto radios and two motorcycle radios should be deducted from the original request. The total expenditure would be reduced by $20,240.99. Voting "Aye" Councilmembers Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Viktorin absent. NEW BUSINESS COUNCIL ACTION — REGARDING THE JOHN LIZER/MAGNOLIA/SOUTHFORK COMMITTEE AND POSSIBLE APPOINTMENTS TO THE COMMITTEE. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Owens, to table item until further discussion. Mayor Reid stated he has contacted a few homeowners associations regarding submittals for the committee. He contacted Cobblestone, and at the present time there has not been a submittal. No action will be taken on the item until recommendations are forwarded to Council. 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 LOT 2 AND LOT 3, DETENBECK AND BARNHART SUBDIVISION, BRAZORIA COUNTY, TEXAS (5905 BARDET Page 4 of 18 - 1 2/08/2003 7:00 P.M. STREET) (APPLICATION NO. 1134) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF DARLA LYNN HOGGARD, AGENT FOR BERTA HALES, 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. 509-683 (Application No. 1134) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 1134. City Manager, Bill Eisen, stated the property is located on Bardet Street off of Wagon Trail Drive. The applicant is requesting the zone change in order to accommodate the sale of the property. There is no specific buyer at this point. Voting "Aye" Councilmember Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Viktorin absent. FIRST READING OF ORDINANCE NO. 509-684 - 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 WEST 5.00 ACRES OF LOT 45 OF THE H.T. & B.R.R. COMPANY SURVEY, SECTION 20, ABSTRACT 506, BRAZORIA COUNTY, TEXAS (NORTHEAST CORNER OF FM 518 AND HILLHOUSE ROAD) (APPLICATION NO. 1133) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF SILVER PEAR 518 BUSINESS PARK, AGENT FOR LAURENCE D. VINCENT, 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 Marcott, to approve Ordinance No. 509-684 (Application No. 1133) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 1133. Page 5 of 18 — 12/08/2003 7:00 P.M. City Manager, Bill Eisen, stated the applicant plans to develop a business park on the site. Voting "Aye" Councilmember Seeger, Marcott, Tetens, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Viktorin absent. FIRST READING OF ORDINANCE NO. 509-685 - 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 23 AND LOT 24, BLOCK 3, WAGON WHEEL SUBDIVISION, ABSTRACT 509, H.T. & B.R.R. COMPANY SURVEY, BRAZORIA COUNTY, TEXAS (6017 LARRYCREST DRIVE) (APPLICATION NO. 1135) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO NEIGHBORHOOD SERVICE DISTRICT (NS) AT THE REQUEST OF BILLY K. DAVIS, 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 table Ordinance No. 509-685 (Application No. 1135) on its first reading, until further discussion with City Staff. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny Application No. 1135. Billy Davis, 3318 CR 89 #5, addressed Council and stated he has owned this property for approximately 10 years. He owned and operated a store at that location from 1989- 2000, and would like to get the zoning changed in order to open a store or a restaurant as before. The property was closed down due to sewer line service in the area. The service took approximately 10 months to complete, and during that time, his business was lost. He stated he thought he was covered under the Grandfather clause, but realized it only covered him up until 6 months of closure of the business. He is currently trying to sell the property, but needs the zone change in order to sell. He stated his small area of Harkey is basically industrial. There is a machine shop, sewer treatment plant, a retention pond, septic business, construction facility, mini -storage facility, and a manufacturing company in the area. He requested a chance to sell his property as commercial zoned and for Council to visit the property. He forwarded a copy of a petition signed by residents in the area to the City Secretary. Page 6 of 18 — 12/08/2003 7:00 P.M. City Manager, Bill Eisen, stated the negative recommendation from the Planning and Zoning Commission would require a three-quarter vote by City Council in order to approve the proposed change in zoning. Councilmember Marcott asked for the City's plans for the Harkey area. Executive Director of Community Services, Tobin Maples, stated Harkey would become a four -lane highway with an eight -foot right-of-way at some point in the future. Councilmember Seeger stated he is interested in looking at the petition before the second reading of the Ordinance. City Attorney, Darrin Coker, stated the second reading would take place tonight during the second Council Meeting. Councilmember Marcott stated there are relevant issues stated by the applicant. Council should take a look at the Neighborhood Service Zoning and attempt to minimize what could be placed on the property. City Attorney, Darrin Coker, stated the City's Master Plan for the area should be considered. He stated if the property zoning was changed to Neighborhood Service, then other properties in the area could come in and request the same. Discussion ensued among Council and Staff regarding zoning the property as Neighborhood Service with specific uses. City Attorney, Darrin Coker, stated the property has not been used for approximately two years. He stated during the closure of Harkey Road, another access was available for the business. Additional discussion ensued among Council and Staff regarding a past request from another property owner for Neighborhood Service Zoning. The request was denied, but the applicant reapplied for R-1 Zoning, and it was approved. Mayor Pro -Tem Tetens stated this would be considered spot zoning due to the surrounding properties being zoned as residential. Voting "Aye" Councilmembers Marcott and Seeger. Voting "No" Councilmembers Owens and Tetens. In order to break the tie vote, Mayor Reid cast his vote. Voting "Aye" Mayor Reid. Page 7 of 18 — 12/08/2003 7:00 P.M. Motion Passed 3 to 2, with Councilmember Viktorin absent. FIRST READING OF ORDINANCE NO. 509-686 - 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 20 AND LOT 21 OF THE GEORGE W. JENKINS SUBDIVISION IN THE W.D.C. HALL LEAGUE, ABSTRACT 70, BRAZORIA COUNTY, TEXAS (1729 E. BROADWAY STREET) (SPECIFIC USE APPLICATION NO. 129) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO COMMERCIAL DISTRICT — SPECIFIC USE (C(S)) AT THE REQUEST OF ROBERT BURNHAM, AGENT FOR FOUR SEASONS SELF STORAGE AT BROADWAY DIXIE, L.P., 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. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Seeger, to approve Ordinance No. 509-686 (Specific Use Application No. 129) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Specific Use Application No. 129. City Manager, Bill Eisen, stated this item is proposed to expand an existing mini warehouse. Bill Todd, Attorney representing the property owner, addressed Council and asked if the Ordinance would cover the specific use. City Attorney, Darrin Coker, stated the specific use is within the Ordinance. Councilmember Marcott stated the current Ordinance should be followed and asked for zoning clarification on portions of the property. He stated his concerns regarding the detention in the area. Executive Director of Community Services, Tobin Maples, stated he agrees with the concerns; however, he does not see any current problems occurring. This area will not be the traditional commercial development. Voting "Aye" Councilmember Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Viktorin absent. Page 8 of 18 — 1 2/08/2003 7:00 P.M. COUNCIL ACTION — REMOVE FROM TABLE ORDINANCE NO. 1134. City Council. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Tetens, to remove Ordinance No. 1134 from the table. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Viktorin absent. SECOND AND FINAL 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. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Tetens, to approve Ordinance No. 1134 on its second and final reading. Councilmember Marcott asked if the questions Councilmember Viktorin had during the last meeting were resolved. City Manager, Bill Eisen, stated those questions have been answered. He stated Councilmember Viktorin did state he is comfortable with the Ordinance going forward at this time. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Viktorin absent. COUNCIL ACTION — REGARDING THE YOST ROAD ALIGNMENT. Mr. Alan Mueller, Deputy City Manager. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Marcott, to accept alignment No. 2 contingent upon placing traffic devices in Shadycrest prior to the alignment of the intersections. City Manager, Bill Eisen, stated Agenda Items No. 7 & 8 are related, and he will address Page 9 of 18 — 12/08/2003 7:00 P.M. both at this time. Item No. 8 will be an additional agreement with Turner, Collie and Braden. Turner, Collie and Braden will be the supervising engineer over the additional work regarding realigning Yost Road. Item No. 7 involves some alternatives for traffic calling along Shadycrest Drive. The Homeowners Association and the residents of this area have expressed concerns regarding the traffic. There are a couple alternatives before Council at this time. One alternative is to move forward with Item No. 8 with the stipulation that some traffic calming will take place in the future. The other alternative is to table both items for a further review and discussion with the Homeowners Association for that area. Deputy City Manager, Alan Mueller, added voting on Item No. 7 would repeal the action that was taken in February. ' Misty Yarneau, 3705 Longherridge Drive, addressed Council and stated she is the Shadycrest Homeowners Association President. She asked Council to table both Items No. 7 & No. 8. Ms. Yarneau stated there are more things to be discussed before spending more money. She asked Council if all means have been exhausted with Texas Department of Transportation. More efforts should be taken with Texas Department of Transportation in order to stick with the decision that took place in February. Michael Klaus, 5016 Groveton, addressed Council and asked Council to table Item No. 7 and Item No. 8. He gave information regarding the Texas Department of Transportation and a current manual called the Urban Intersection Design Guide. He stated this manual is being created because engineers were not following the same standards. He stated The Federal Highway Administration has also done a study regarding older drivers using roads at night. In closing, he stated there are intersections currently in Pearland along FM 518 that would be considered more dangerous than the proposed intersection for the Shadycrest area. Linda Cowles, 3412 Shadycrest, addressed Council and stated she is the Shadycrest Homeowners Association Secretary. She asked Council to table Item No. 7 and No. 8. She stated the appeal process should be continued with the Texas Department of Transportation. She stated the traffic study done for Shadycrest shows the average traffic speed being 40 mph, and there were over 950 cars in a 24 hour period. Ms. Cowles stated the residents in that area are willing to give up mobility in order to have less traffic in the neighborhood. She asked Council to save the current neighborhoods in Pearland. Councilmember Seeger stated a strong argument has been made by the Shadycrest Homeowners Association and thinks the matter should be tabled. Page 10 of 18 — 12/08/2003 7:00 P.M. Councilmember Owens stated the decision to move forward with the alignment should not be tabled, but the adjustments for intersection should not take place until discussed with the homeowners association and residents. Discussion ensued among Council and Staff regarding moving forward with the alignment and traffic decisions for the Shadycrest area and dates of the bid documents. Voting "Aye" Councilmembers Owens, Tetens, and Marcott. Voting "No" Councilmember Seeger. Motion Passed 3 to 1, with Councilmember Viktorin absent. COUNCIL ACTION — RESOLUTION NO. R2003-184 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #10 SUPPLEMENT #5 FOR ENGINEERING AND SURVEYING SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM (YOST ROAD PROJECT). Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2003-184. Linda Cowles, 3412 Shadycrest, addressed Council and stated more discussion should take place before approving the fees. She stated other ways of accessing the problems in the Shadycrest area should take place. She stated some additions should be placed in the item to cover a center island and the streets of Longherridge, East Circle, and West Circle. Misty Yarneau, 3705 Longherridge Drive, addressed Council and stated Mr. Ingrim mentioned earlier that center islands would be great for a monument. She stated the residents are not asking for a monument or marker for Shadycrest. She stated their request for the center island pertains to safety and she does not feel Turner, Collie and Braden are serving their community properly. Councilmember Marcott stated he made his comments earlier regarding the dollar amount and lack of information provided to Council. He stated he is not for the dollar amount and Turner, Collie and Braden should refigure the amount. Councilmember Owens, stated Turner, Collie and Braden were directed to go in the current direction because of the decision made by Council in February. He stated Texas Department of Transportation has determined otherwise, and the streets would have to line up. The dollar amount is for the redesigning in order to make it line up. He stated the configuration is totally different than it was in the beginning. The change came from Council, and the new cost is because of this difference. Page 11 of 18 — 12/08/2003 7:00 P.M. Councilmember Marcott stated he understands the comments of Councilmember Owens. However, he thinks Turner, Collie and Braden was in a position to advise Council of the possibilities of the Texas Department of Transportation turning the February decision down. Discussion ensued among Council regarding the change due to the decision of the Texas Department of Transportation. Councilmember Seeger stated he could not support this item, and the homeowners association and residents should be given a chance to discuss their concerns. Councilmember Owens stated this item would approve the alignment up to FM 518.. The traffic devices are not part of this decision. Deputy City Manager, Alan Mueller, stated that is correct, and more expenses will generate from those future traffic devices. Councilmember Marcott stated he does not think all of the information was given to Council during the February decision. Mayor Reid asked for a report from Staff regarding those issues. Discussion ensued among Council and Staff regarding making a decision for this item during a Special Meeting scheduled for December 15, 2003. City Manager, Bill Eisen, stated the issue regarding readjustments of fees could be discussed during a future meeting with Turner, Collie and Braden. He stated history of the project could be put together prior to the meeting and should aid in the decision for possible fee adjustments. Mayor Pro -Tem Tetens called the question. Voting "Aye" Councilmembers Owens and Tetens. Voting "No" Councilmembers Marcott and Seeger. In order to break the tie vote, Mayor Reid cast his vote. Voting "Aye" Mayor Reid. Motion Passed 3 to 2, with Councilmember Viktorin absent. COUNCIL ACTION — RESOLUTION NO. R2003-185 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY Page 12 of 18 — 12/08/2003 7:00 P.M. MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH C. L. DAVIS & COMPANY FOR SURVEYING SERVICES ASSOCIATED WITH THE BAILEY/OILER DRIVE EXTENSION. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Owens, to ,approve Resolution No. R2003-185. City Manager, Bill Eisen, stated this item is regarding an update heard by Council during a previous meeting. An update of various water and sewer projects in the City took place. During that time, there was need to obtain some right-of-way to connect a new water well site to SH 35. He stated the potential route for the site coincides with the route for the extension of Bailey and Oiler Drive. He stated the item would allow the surveying to take place in order to begin the land acquisition. Councilmember Marcott asked if the engineering cost were being paid for by bond and sewer funds. City Manager, Bill Eisen, stated these would be paid by the road bond funds. Discussion ensued among Council and Staff regarding future considerations. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Viktorin absent. COUNCIL ACTION - RESOLUTION NO. R2003-187 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT REPORT FOR THE QUARTER ENDING SEPTEMBER 2003. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2003-187. City Manager, Bill Eisen, stated every three months Staff provides Council with a Quarterly Investment Report. This Investment Report shows the City's investment status on the last day of September 2003. He stated yields are showing low for the current debt investments; however, a rise in rates may take place in the near future. He stated the City is fully invested as possible. He recommends the approval of the Quarterly Investment Report. Voting "Aye" Councilmembers Owens, Tetens, Marcott, and Seeger. Page 13 of 18 —12/08/2003 7:00 P.M. Voting "No" None. Motion Passed 4 to 0, with Councilmember Viktorin absent. COUNCIL ACTION — RESOLUTION NO. R2003-188.— 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 BERG OLIVER FOR WETLANDS RESTORATION SERVICES ASSOCIATED WITH THE PEARLAND PARKWAY PROJECT. Mr. Alan Mueller, Deputy City Manager. Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2003-188. City Manager, Bill Eisen, stated during the early construction phases of Pearland Parkway, an incident took place regarding the contractor clearing outside the allowed wetlands area. He stated as a result to the incident, some restoration of wetlands in that area will need to be accomplished. This item is the proposed cost for the restoration. The total cost is approximately $40,000.00. $26,000.00 towards restoration and the remaining for maintenance, monitoring, and reporting on a periodic basis. Voting "Aye" Councilmembers Seeger, Marcott, and Tetens. Voting "No" None. Voting "Abstain" Councilmember Owens. Motion Passed 3 to 0, with 1 abstention and Councilmember Viktorin absent. COUNCIL ACTION — RESOLUTION NO. R2003-186 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A STORM SEWER OVERSIZING AGREEMENT WITH BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 19 AND FITE INTEREST, LTD., ASSOCIATED WITH THE FITE ROAD STORM SEWER PROJECT. Mr. Alan Mueller, Deputy City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2003-186. City Manager, Bill Eisen, stated Council approved a previous agreement with West Development regarding Tranquility Lake. A developer in the area asked also to participate with this agreement. This item is regarding the extension of a storm sewer pipe from the area of Cullen to Tranquility Lake. A portion of the over -sizing cost will be paid by the developer. Page 14 of 18 — 12/08/2003 7:00 P.M. Councilmember Marcott asked if this would be West of the business in the area. Deputy City Manager, Alan Mueller, stated it would be to the East of Teleflow. Councilmember Marcott asked if the ten acres would be developed. Mike Pollack, owner, stated the timing of the development is contingent upon the Cullen expansion. Voting "Aye" Councilmembers Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Viktorin absent. FIRST READING OF ORDINANCE NO. 1142 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 16 OF 29.99 ACRES OF LAND. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1142 on its first reading. City Manger, Bill Eisen, stated during a recent meeting, Council approved a Strategic Partnership Agreement with Municipal Utility District No. 16. This agreement allowed the City to acquire a 65 acre tract of land within the Municipal Utility District for the purpose of storm water detention. He stated other provisions were in the agreement; one being the City would disannex a 30 acre tract of property along FM 518. This item is to approve the annexation by Municipal Utility District No. 16 of that tract of land. Voting "Aye" Councilmembers Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Viktorin absent. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-191 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING ITS INTENT TO ABANDON AND SELL FUTURE SURPLUS RIGHT-OF- WAY CREATED AS A RESULT OF THE CULLEN EXTENSION PROJECT. Mr. Alan Mueller, Deputy City Manager. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2003-191. Page 15 of 18 — 12/08/2003 7:00 P.M. City Manager, Bill Eisen, stated this item relates to an item regarding the Cullen Road extension. The developer has indicated an agreement with the City for the acquisition of right-of-way for the Cullen Road extension. The developer would like to obtain some of the land from the City that is no longer needed. Due to certain procedures of State Law, all of the issues can not be agreed upon at this time. This item is insurance to the property owner that some point in the future the procedures would continue for the purchase of land. Councilmember Owens stated this is a good deal. Any excess property should be sold. Councilmember Marcott asked if the percentage for engineering costs is considered a lot of money. Deputy City Manager, Alan Mueller, stated the selling price would be based upon the appraisal of the property. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Viktorin absent. FIRST AND ONLY READING OF ORDINANCE NO. 1140 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING REGULATORY SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON SHADYBEND DRIVE AT THE INTERSECTION OF THE EXIT DRIVE FROM SHADYCREST ELEMENTARY SCHOOL PARKING LOT. PROVIDING A PENALTY FOR VIOLATION; CONTIANING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION, AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH TRAFFIC CIRCULATION CONTROL SIGNS INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Doug Kneupper, City Engineer. Councilmember Seeger made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1140 on its first and only reading. City Manger, Bill Eisen, stated this item is taking place due to a traffic engineering study done at several schools located in and near the City. The recommendation regarding the traffic flow for the Shadybend area is a result due to the study and is before Council at this time. Linda Cowles, 3412 Shadycrest, addressed Council and stated the homeowners Page 16 of 18 — 1 2/08/2003 7:00 P.M. association was not aware of the item on the current agenda. She stated they were told a traffic study would be completed, and they would receive further information. She stated this item would allow for more dumping on traffic into the neighborhood. Misty. Yarneau, 3705 Longherridge Drive, addressed Council and stated she did not know about the item as well until tonight. She stated this is one of several schools that a study was held. She asked Council for an explanation regarding the item being on the agenda and an emergency reading. City Attorney, Darrin Coker, stated all traffic Ordinances have historically been adopted by emergency readings because of the bearing on public safety. He stated there will be two meetings taking place tonight, and this item would be adopted either way tonight. Deputy City Manager, Alan Mueller, apologized to Ms. Yarneau and Ms. Cowles regarding the information not being given to the homeowners association previously. He stated the Pearland Independent School District stated they were ready for this item to take place. They specifically wanted to focus on Shadycrest because of Carlston, interim solutions of the last bond issue, permit solutions, and timing due to the Christmas break. He stated the Christmas break would allow the school to issue information to the parents regarding the new Ordinance. He again apologized for the late receipt of information. Councilmember Owens asked for the specifics on the entry locations. Deputy City Manager, Alan Mueller, stated Liberty Drive is still an entrance point; however, the bus circle would need to be used. An increase of more incoming traffic would take place because of this change, but there would also be a decrease in the outgoing traffic due to the no left turn out of the circle. Voting "Aye" Councilmembers Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Viktorin absent. COUNCIL ACTION — RESOLUTION NO. R2003-192 — 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 DUNHAM ENGINEERING FOR ENGINEERING SERVICES ASSOCIATED WITH THE ALICE ROAD WATER TANK REPLACEMENT PROJECT. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2003-192. Page 17 of 18 — 12/08/2003 7:00 P.M. City Manager, Bill Eisen, stated this item is regarding an engineering contract that should have been placed on a previous agenda prior to the engineering work taking place. Due to internal miscommunication, this item failed to go before Council prior to the City formally entering into an agreement for the work. He asked the agreement be approved, due to the work already being completed. Mr. Eisen stated the City has used the firm before for water ground storage tank facilities. The work was done in a satisfactory manner. He recommended the approval of the item. Voting "Aye" Councilmembers Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Viktorin absent. OTHER BUSINESS: None ADJOURNMENT Meeting was adjourned at 8:46 p.m. Minutes approved as submitted and/or corrected this 12th day of January A.D., 2004. P2 -_.t Tom Reid Mayor ATTEST: Page 18 of 18 — 12/08/2003 7:00 P.M.