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2004-02-09 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY�OF PEARLAND, TEXAS, HELD ON FEBRUARY 9, 2004, 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 City Manager City Attorney City Secretary Tom Reid Richard Tetens Woody Owens Klaus Seeger Bill Eisen Darrin Coker Young Lorfing Absent: Councilmembers Charles Viktorin and Larry Marcott. Others in attendance: Deputy City Manager Alan Mueller; Executive Director of Community Services Tobin Maples; Police Chief J.C. Doyle; City Engineer Doug Kneupper; Public Affairs Liaison Lynn Munford; Director of Finance Andrea Jason; Public Works Director Jerry Burns; EMS Director Jeff Sundseth; Purchasing Officer Gordon Island; Project Director Joe Wertz. The invocation was given by Councilmember Tetens, and the Pledge of Allegiance was led by Boy Scout Troop No. 468 — Cody Boyer, Jacob Barger, Mike Greenuwalt, Bryan Whitehead, Calvin Beauchamp, Ray Daff in, Nick Dunk, and Alexander Freas. MAYOR'S ACTIVITY REPORT Mayor Reid introduced Tom Jacobs with the United States Postal Service. Tom Jacobs stated the United States Postal Service is attempting to construct a new facility in Pearland serving the West side of Pearland. It is a two-step process, a need to build the new facility and approval of funds to build the new facility. He stated they are currently looking for a site to locate the new facility. At one point, the postal service did consider expanding the existing post office. However, due to the growth of Pearland, the best decision was to build a new facility. Half of the carriers in the existing facility will be moved to the new facility. He stated if approved, the building would be approximately 23,500 square feet. It would have approximately 155 parking spaces. He stated the community support of the proposed facility is very important. He will try his hardest to succeed in building the new post office. He stated a site would be chosen in approximately two weeks. A cost estimate would also be completed for the building cost. Once that has taken place, all the information will be forwarded to Washington for final approval. The total cost of the total project will be approximately $5 million and will take approximately 18 months to complete. Page 1 of 20 — 2/9/2004 Mayor Reid reported Councilmember Viktorin is currently out of the state, and Councilmember Marcott was in an accident damaging his shoulder. Mayor Reid reported on January 29 he attended the Southeast Economic Development Corporation Board of Directors Meeting and the Chamber Ribbon Cutting Ceremony for South Frost Bank Open House; January 30 he presented a Proclamation to the 1940 Hobby Area Museum; February 1 he attended an Agenda Meeting, met with Alan Clark of the HGAC on Dixie Farm Funding, and attended a Council Workshop and Special Meeting; February 5 he met with Marie Flickinger on proposal land swap; February 6 he attended a Chamber Before Business Breakfast; February 6 — 8 he attended the Texas Mayors/Councilmembers Association Annual Meeting; February 9 he met with a local developer, attended the Harris County Judge's State of County Address, and the PISD- District Education Improvement Committee. COUNCIL ACTIVITY REPORTS Mayor Pro -Tem Tetens passed. Councilmember Owens passed. Councilmember Seeger passed. CITY MANAGER'S REPORT City Manager, Bill Eisen, introduced Jeff Sundseth the new Emergency Medical Services Director. He stated Jeff Sundseth is from the Palm Beach area of Florida and has extensive experience in the emergency medical field. CITIZENS: James Mize, 9230 West Sterling Drive, addressed Council and stated he has resided in Pearland for a little over three years. He stated his family has really enjoyed living in their home. He asked if City services would be provided for his area. They currently use well water from a service down the street, and the water is bad. His family has placed a filter on the kitchen faucet. However, the filters are plugging up rapidly. The commodes in the house are rusting due to the water. He stated his family wants City water. His area does not have any fire hydrants and this is a concern. There is no sewer service, water service, or cable service for his area. He recently received a survey from the City regarding city services. He asked if there were any future plans for services to his area. Michael Klaus, 5016 Groveton, addressed Council and stated the Clear Creek Steering Committee is in the process of making a plan regarding flood plain management. He stated the City and other communities downstream are working on a similar plan. He gave some additional information regarding citizen benefits on insurance once a flood Page 2 of 20 — 2/9/2004 plain management plan is in place. He stated if the Clear Creek Steering Committee is in the process of spending approximately $600,000, the City should make sure it benefits from it. All the communities should benefit from the hazard mitigation plan. He is concerned the funding will be spent, and the community will not benefit from the plan. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the October 20, 2003, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the November 17, 2003, Joint Public Hearing held at 6:30 p.m. 3. Minutes of the January 26, 2004, Regular Council Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1151 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION OF APPROXIMATELY 34.78 ACRES BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 21. Mr. Darrin Coker, City Attorney. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1149 — AN TEXASORDINANCE , AMENDINGOF THE CHAPTER 1TY 20, COUNCIL OF THE CITY OF PEARLAND, OFFENSES AND MISCELLANEOUS PROVISIONS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO ADD SECTION 20-14, TO BE ENTITLED OBEDIENCE OF PARK RULES AND SIGNAGE; HAVING A PENALTY CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. D. CONSIDERATION AND POSSIBLECOUNCIL OF RESOLUTION CON ITY OF PERLAND, A RESOLUTION OF THE CITY TEXAS, APPOINTING PERSONS TO SERVE AT THE CENTRAL COUNTING STATION, BRAZORIA COUNTY ELECTION TOO BE HELD ONON, TEXAS, FOR SATURDAY, MAY THE GENERAL AND SPEC 15, 2004. Mr. Young Lorfing, City Secretary. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-22 — 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 SHELL PIPELINE COMPANY FOR THE Page 3 of 20 — 2/9/2004 RELOCATION OF A GAS TRANSMISSION LINE ASSOCIATED WITH THE CORRIGAN BY-PASS DRAINAGE DITCH. Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-24 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO CONVEY, BY GENERAL WARRANTY DEED, CERTAIN REAL PROPERTY SITUATED IN THE CITY. Mr. Darrin Coker, City Attorney. G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-29 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING PASSAGE OF THE HIGHWAY FUNDING EQUITY ACT OF 2003 (H.R. 2208) AND ENCOURAGING ALL MEMBERS OF THE TEXAS DELEGATION TO CO-SPONSOR H.R. 2208. Mr. BN Eisen, City Manager. H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-26 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PROCEED WITH THE CREATION OF A LOCAL GOVERNMENT CORPORATION FOR THE PURPOSE OF ISSUING TAX INCREMENT REINVESTMENT ZONE (TIRZ) DEBT. Mr. Bill Eisen, City Manager. I. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1154 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE FOR THE CONSTRUCTION OF ROAD AND UTILITY IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to adopt Consent Agenda Items A through I as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Tetens, and Seeger. Voting "No" None. Motion Passed 3 to 0, with Councilmember Viktorin and Marcott absent. Page 4 of 20 — 2/9/2004 MATTERS REMOVED FROM CONSENT AGENDA None NEW BUSINESS FIRST READING OF ORDINANCE NO. 509-691 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AORDINANCEDING OROF THEECITOY509, 0F THE LAND USE AND URBAN DEVELOPMENT PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 0.635 ACRES, OUT OF LOT 47 OF THE ALLISON-RICHEY GULF COAST HOME COMPANY, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 304, BRAZORIA COUNTY, TEXAS (EAST SIDE OF MILLER RANCH ROAD, NORTH OF SUMMER BREEZE DRIVE) (APPLICATION NO. 1137) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-1) TO OFFICE AND PROFESSIONAL DISTRICT (OP) AT THE REQUEST OF DAVID H. MOORE, 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 Owens, to approve Ordinance No. 509-691 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny Application No. 1137. City Manager, Bill Eisen, stated this case involves an existing house on River Ranch Road. The owner submitted a zoning application for the purpose of using the home for an office. The Planning & Zoning Commission has forwarded a negative recommendation. A three-quarters vote from Council is needed to approve the zoning change. City Attorney, Darrin Coker, stated in order to approve the zoning change it would require all three votes from the present Councilmembers. Councilmember Owens asked what the concern issues where from Planning & Zoning. Councilmember Tetens stated the area surrounding the property were made up of subdivisions and R-1 Zoning. City Manager, Bill Eisen, stated there were concerns regarding the impact of commercial use adjacent to residential property. Page 5 of 20 — 2/9/2004 Executive Director of Community Services, Tobin Maples, stated there is some commercial zoning North of the property. He stated the opposition was due to the majority of the surrounding area being residential. A brief discussion ensued among Council and Staff regarding the zoning surrounding the property. Voting "Aye" none. Voting "No" Councilmembers Seeger, Tetens, and Owens. Motion Failed 3 to 0, with Councilmembers Viktorin and Marcott absent. FIRST READING OF ORDINANCE NO. 509-693 — 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 1.867 ACRES, TRACT 39A, AND 2.00 ACRES, TRACT 39A1, OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 85, OUT OF THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 304, BRAZORIA COUNTY, TEXAS (2806 MILLER RANCH ROAD) (APPLICATION NO. 1136) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF KIM DURRETT, AGENT FOR TRINITY LEASING, 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. This item was withdrawn as requested by the applicant. FIRST READING OF ORDINANCE NO. 509-694 — 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 1.00 ACRE, TRACT 6A, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 219, BRAZORIA COUNTY, TEXAS (1430 O'DAY ROAD) (APPLICATION NO. 1145) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF WILLIAM POSTON, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Page 6 of 20 — 2/9/2004 Councilmember Seeger made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-694 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny Application No. 1145. Bill Poston, 1430 O'Day Road, addressed Council and stated he owns the property. He has lived in Pearland since 1958. He started the business 13 years ago and moved it to the current location in 1994. It has been annexed by the City and decided to check into the zoning. He asked Council to consider changing the zoning. Mayor Reid stated Mr. Poston would be able to continue his business; however, any future changes would need to be permitted. City Manager, Bill Eisen, stated the Planning & Zoning Commission declined this item. A three-quarters vote would be needed in order to approve the zone change. The issue discussed by the commission was basically regarding the rezoning of other properties in the surrounding area. Mayor Pro-Tem Tetens stated the zoning around the tract of land has residential zoning on all four sides. Councilmember Owens asked for the original surrounding area details before the building was placed on the property. Bill Poston, 1430 O'Day Road, addressed Council and stated Mr. Fernandez built the building in 1986, and he purchased it in 1994. He state there is another commercial building North of his property, but it is in the City of Brookside. He state there was only one house in the area when he moved to the location. Councilmember Owens asked if something happened to the building, would the owner be able to rebuild his business. Executive Director of Community Services, Tobin Maples, stated if 51 % or more of the structure value is destroyed, then the owner would not be able to rebuild without proper zoning. At the current time, if the owner would like to expand, he could request a special exception through the Zoning Board of Adjustment. A brief discussion ensued among Council and Staff regarding the modifications of the Comprehensive Plan. Voting "Aye" Councilmember Owens. Voting "No" Councilmembers Seeger and Tetens. Page 7 of 20 — 2/9/2004 Motion Failed 2 to 1, with Councilmember Viktorin and Marcott absent. FIRST READING OF ORDINANCE NO. 509-687 — 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 1.988 ACRES, OUT OF A 5.949 ACRE TRACT AS DESCRIBED IN VOLUME 1439, PAGE 851, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, BEING OUT OF A 35.950 ACRE TRACT, OUT OF A TRACT OF 80 ACRES OUT OF THE NORTH 1/2 OF THE SOUTHEAST 1/a OF SECTION 16, GEORGE C. SMITH SURVEY, ABSTRACT 546, BRAZORIA COUNTY, TEXAS (WEST SIDE OF HARKEY ROAD, AND ON THE NORTH SIDE OF TERRELL DRIVE) (APPLICATION NO. 1138) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF DAVID AND ANA GARCIA AND ANTONIO LINARES, 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. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to approve Ordinance No. 509-687 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 1138. City Manager, Bill Eisen, stated this would allow the construction of a single-family residence. Voting "Aye" Councilmembers Seeger, Tetens, and Owens. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Viktorin and Marcott absent. FIRST READING OF ORDINANCE NO. 509-688 — 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 1.1183 ACRES, LOT 1, OUT OF TRACT 10 OF AN UNRECORDED SUBDIVISION OF SECTION 7, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 219, BRAZORIA COUNTY, TEXAS (1637 GARDEN ROAD) (APPLICATION NO. 1143) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF DANNY AND CATHY ROARKE, AGENT FOR NGUYEN VAN LY, Page 8 of 20 — 2/9/2004 OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, RELATED TO THE SUBJECT. Mr. Tobin ECTIVE DATE AND OTHER PROVISIONS Maples, Executive Director of Community Services. This item was passed with no Council action taken. FIRST READING OF ORDINANCE NO. 509-689 — 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 13, BLOCK 4, WEST LEA SUBDIVISION, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 546, BRAZORIA COUNTY, TEXAS (3742 MEADOWLARK WAY) (APPLICATION NO. 1144) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF DESIGN TECH HOMES, AGENT FOR MICHAEL AND BEVERLY K pNS RICTOMAP;RCONTAONING ASAVINGS VIDING FOR AN AMENDMENT OF THE LAND USE 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. 509-689 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 1144. City Manager, Bill Eisen, stated this item involves a vacant lot in West Lee Subdivision. The approval of the zone change would allow for the construction of a single-family home. Voting "Aye" Councilmembers Owens, Tetens, and Seeger. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Viktorin and Marcott absent. FIRST READING OF ORDINANCE NO. 509-692 — 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 0.401 ACRES, SITUATED IN AN ORIGINAL 10 ACRE TRACT AS RECORDED IN VOLUME 410, PAGE 536 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, SECTION 4, H.T. & B.R.R. Page 9 of 20 — 2/9/2004 COMPANY SURVEY, ABSTRACT 543, BRAZORIA COUNTY, TEXAS (4706 'AND 4709 W. BROADWAY STREET) (APPLICATION NO. 1146) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF NATHAN ZAINFELD, 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. 509-692 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 1146. City Manager, Bill Eisen, stated this property was used for business purposes and is vacant at the current time. The applicant has filed the zoning change to clarify the zoning of the property. Voting "Aye" Councilmembers Seeger, Tetens, and Owens. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Viktorin and Marcott absent. FIRST READING OF ORDINANCE NO. 509-695 — 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 522.62 ACRES, SITUATED IN THE H.T. & B.R.R. COMPANY SURVEY, SECTION 80, ABSTRACT 564, AND SECTION 80, ABSTRACT 538, BEING ALL OF A CALLED 120.134 ACRE TRACT OF LAND DESCRIBED IN A DEED RECORDED IN VOLUME (90) 820, PAGE 217, VOLUME (91) 866, PAGE 357, AND VOLUME. (92) 994, PAGE 172, OF THE BRAZORIA COUNTY DEED RECORDS, AND LOTS 3 THROUGH 8, 11 THROUGH 18, 20 THROUGH 26, 27 THROUGH 34, LOTS 37 & 38, AND THE WEST 1/20F LOT 39, ALL OF LOTS 42, 43, 44, 45, 52 THROUGH 55, AND 8.11 ACRES OF LOT 56 OF THE ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION RECORDED IN VOLUME 2, PAGE 98 OF THE BRAZORIA COUNTY MAP RECORDS, ALL IN BRAZORIA COUNTY, TEXAS (ON THE SOUTH SIDE OF CR 92 (BROADWAY STREET), ON THE NORTH SIDE OF CR 59, AND ON THE EAST AND WEST SIDES OF CR 48) (APPLICATION NO. 1147) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) AND PLANNED UNIT DEVELOPMENT (PUD) TO PLANNED UNIT DEVELOPMENT (PUD) AT THE REQUEST OF JAMES M. JOHNSON, AGENT FOR LESLIE A. SCIONEAUX, ONE TWENTY-NINE, LTD., JOHN Page 10 of 20 — 2/9/2004 B. AND MEREDITH BRIGGS, AUDREY C. MCLOSKEY AND ROBERT E. MITHCHELL, JR., TRUSTEE, RHC/EDGEWATER, LTD., F. CARRINGTON WEEMS II, F. CARRINGTON WEEMS III, AND ALEXANDRA L. WEEMS, HEART -EYE LAND COMPANY, AND MAURA A. HARDCASTLE AND MARION A. WATSON, 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. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to approve Ordinance No. 509-695 on its first reading. Mayor Reid read into the record the Planning and Zoning Commission's recommendation to approve Application No. 1147. Voting "Aye" Councilmembers Owens, Tetens, and Seeger. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Viktorin and Marcott absent. FIRST READING OF ORDINANCE NO. 1153 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A MORATORIUM ON MULTI -FAMILY DEVELOPMENT WITHIN THE INCORPORATED LIMITS OF THE CITY. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1153 on its first reading. City Manager, Bill Eisen, stated last week a Public Hearing was held regarding the possible recommendation of a 120 day moratorium on all new multi -family construction within the City limits. Based upon the results of the hearing, Staff was asked to move forward with placing an Ordinance on the Council agenda this evening regarding the moratorium. City Attorney, Darrin Coker, stated the Ordinance will be for a 120 day period. This Ordinance specifically references four areas of concern regarding the City's ability to handle the capacity with sewer services and drainage services for the areas. An application for a variance of the Ordinance could be applied for by any multi -family properties that are not subject to one of the four areas establishing the moratorium. The City Attorney clarified the variance procedure and stated the proper wording would be included in the Ordinance prior to the second reading. Councilmember Owens asked about the area on Walnut Street. Page 11 of 20 — 2/9/2004 City Attorney, Darrin Coker, stated that area is not an area of concern. The devetoper could request a variance for the property. City Manager, Bill Eisen, stated last week the developer came with questions regarding the moratorium. Voting "Aye" Councilmembers Owens, Tetens, and Seeger. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Viktorin and Marcott absent. COUNCIL ACTION — AMENDMENT TO UDC CONCERNING THE INSTALLATION OF SIDEWALKS. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Tetens, to approve the amendment to Uniform Development Code concerning the installation of sidewalks. City Manager, Bill Eisen, stated sidewalks are required in specific circumstances. Currently the only way to receive a modification of those requirements is through the Zoning Board of Adjustments. This item would allow a temporary change in policy until the completion of the Uniform Development Code review. The payment in lieu of the building of sidewalks, specific terms regarding the funds, and the placement of sidewalks based on service roads are part of the temporary modification. Mayor Reid stated it is a good plan and reasonable solution, which addresses some of the concerns mentioned earlier. Voting "Aye" Councilmembers Owens, Tetens, and Seeger. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Viktorin and Marcott absent. COUNCIL ACTION — REMOVE FROM TABLE RESOLUTION NO. R2004-6. City Council. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to remove Resolution No. R2004-6 from the table. Voting "Aye" Councilmembers Seeger, Tetens, and Owens. Voting "No" None. Page 12 of 20 — 2/9/2004 Motion Passed 3 to 0, with Councilmembers Viktorin and Marcott absent. COUNCIL ACTION — RESOLUTION NO. R2004-6 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #14 FOR DRAINAGE AND ENVIRONMENTAL ASSESSMENT SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM (PEARLAND PARKWAY EXTENSION -BRITTANY BAY). Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to table Resolution No. R2004-6 for further estimate review. City Manager, Bill Eisen, stated this item is a follow-up item from a previous meeting. The cost of the environmental assessment was of concern by Council. He stated Mr. Hester has provided clarification regarding the cost for the assessment. Due to the possibility of receiving State and Federal Funds, there are some additional policies and procedures regarding construction. Mr. Eisen stated he has discussed possibilities of receiving funding for the extension of Southern Terminus to Dixie Farm Road. Councilmember Tetens stated any time State funds are involved, the construction costs increase and also, the time allotted for the project increases as well. This has occurred on Dixie Farm Road, which is a Tx DOT project. Councilmember Owens asked for an estimate if the City was to take on the construction cost. City Manager, Bill Eisen, stated there is no estimate at this time if the City was to cover the construction cost; however, an estimate could be put together for Council. Greg Hester, Turner, Collie and Braden, stated any cost estimates done now would have some changes during the construction. The consultant working on the traffic impact fee is working on some general cost estimates for the road construction. Discussion ensued among Council, Staff, and Greg Hester regarding the time frame needed to produce the estimates and the length of Oiler Drive to Dixie Farm Road. Voting "Aye" Councilmembers Owens, Tetens, and Seeger. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Viktorin and Marcott absent. Page 13 of 20 — 2/9/2004 COUNCIL ACTION — REGARDING THE APPOINTMENT OF FRED CESSAG TO SERVE ON THE LIBRARY BOARD POSITION NO. 6 FOR A TERM EXPIRING NOVEMBER 2006. Mayor Tom Reid, Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Seeger, to appoint Fred Cessac to serve on the Library Board Position No. 6 for a term expiring November 2006. Voting "Aye" Councilmembers Seeger, Tetens, and Owens. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Viktorin and Marcott absent. COUNCIL ACTION — RESOLUTION NO. R2004-16 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #13 SUPPLEMENT #2 FOR DRAINAGE ANALYSIS SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM (MAGNOLIA ROAD -PRELIMINARY INVESTIGATION). Mr. Bill Eisen, City Manager. Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2004-16. City Manager, Bill Eisen, stated the preliminary investigation of Magnolia Road involves a drainage analysis. This item is regarding the drainage analysis services. Further clarification regarding the tax scope will be provided in the actual document appointing the firm providing the services. Michael Klaus, 5016 Groveton, addressed Council and asked Council to have the work completed prior to the ending of April 2004. He also asked that Brazoria County Drainage District No. 4 receive information regarding the project. Voting "Aye" Councilmembers Seeger, Tetens, and Owens. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Viktorin and Marcott absent. COUNCIL ACTION — RESOLUTION NO. R2004-17 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #3 SUPPLEMENT #8 FOR ENGINEERING SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM (WEST MARY'S CREEK DETENTION PROJECT). Mr. Bill Eisen, City Manager. Page 14 of 20 — 2/9/2004 Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2004-17. City Manager, Bill Eisen, stated this is a Hydraulic and Hydrology Study intended to make certain determinations regarding the impact on West Mary's Creek and impact on the existing Southwest Environmental Center Detention Facility. Voting "Aye" Councilmembers Seeger, Tetens, and Owens. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Viktorin and Marcott absent. COUNCIL ACTION — RESOLUTION NO. R2004-27 — A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A GENERAL AND SPECIAL ELECTION TO BE HELD ON SATURDAY, MAY 15, 2004, FOR THE PURPOSE OF ELECTING TWO MEMBERS OF THE CITY COUNCIL IN AND FOR THE CITY OF PEARLAND, TEXAS; AND FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF PEARLAND, TEXAS, A PROPOSITION TO ESTABLISH THE COMPENSATION FOR THE MAYOR AND CITY COUNCILMEMBERS; ESTABLISHING POLLING PLACES; NAMING CLERKS; AND ESTABLISHING PROCEDURES FOR SAID REGULAR CITY OFFICERS' AND SPECIAL ELECTION. Mr. Young Lorfrng, City Secretary. Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2004-27. City Manager, Bill Eisen, stated this Resolution calls the May General Election for two positions on Council and the Special Election to consider the modification of compensation for the Mayor and City Councilmembers. The Charter requires the voters decide the modification to compensation for the Mayor and City Councilmembers. He stated generally, the first Saturday in May is the election date for City Council Elections. Due to some changes made in State Election Law, one time and one time only the election will take place on the 15th of May. Voting "Aye" Councilmembers Owens, Tetens, and Seeger. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Viktorin and Marcott absent. COUNCIL ACTION — RESOLUTION NO. R2004-15 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL Page 15 of 20 — 2/9/2004 COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON-GALVESTON AREA COUNCIL (HGAC) FOR THE PURCHASE TRAFFIC PREEMPTION EQUIPMENT. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2004-15. City Manager, Bill Eisen, stated this is phase two of a three-phase process to install traffic preemption devices on all of the traffic signals located within the city. The purpose of the devices is to get an emergency vehicle the option of changing traffic lights in order to proceed to the scene of an emergency quicker. Mayor Reid commented on the benefits of the devices and asked the EMS Director if he has used these devices before. EMS Director, Jeff Sundseth, stated he has utilized the devices. Voting "Aye" Councilmembers Owens, Tetens, and Seeger. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Viktorin and Marcott absent. COUNCIL ACTION — RESOLUTION NO. R2004-18 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE SOUTHEAST WATER PLANT (ELEVATED STORAGE TANK). Mr. Bill Eisen, City Manager. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Seeger, to approve Resolution No. R2004-18. City Manager, Bill Eisen, stated this item relates to the construction of the Southeast Water Plant. This item would allow a contract for the construction services and any associated piping. The low bid cost was $1,000,440. Item No. 21 on the agenda relates to the cost associated with the ground storage, well, and piping with the two facilities. The low bid cost of $2,309,207 is for those services. Voting "Aye" Councilmembers Seeger, Tetens, and Owens. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Viktorin and Marcott absent. COUNCIL ACTION — RESOLUTION NO. R2004-21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR Page 16 of 20 — 2/9/2004 CONSTRUCTION SERVICES ASSOCIATED WITH THE VETERANS DRIVE SEWER PROJECT. Mr. Bill Eisen, City Manager. COUNCIL ACTION — RESOLUTION NO. R2004-23 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE VETERANS DRIVE LIFT STATION. Mr. Bill Eisen, City Manager. COUNCIL ACTION — RESOLUTION NO. R2004-20 — 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 CARTER -BURGESS, INC. FOR CONSTRUCTION MANAGEMENT AND MATERIALS TESTING SERVICES ASSOCIATED WITH THE VETERANS & MAGNOLIA SEWER PROJECTS. Mr. Bill Eisen, City Manager. Councilmember Seeger made the motion, seconded by Councilmember Owens, to approve Resolution No. R2004-21, Resolution No. R2004-23, and Resolution No. R2004-20. City Manager, Bill Eisen, stated agenda items No. 18, 19, and 20 are associated with the improvements to the sewer capacity of the central portion of the City. Item No. 18 is the construction of a large sewer line. Item No. 19 is a lift station. Item No. 20 is construction management services for the project. The cost is slightly higher than previously projected, but there are funds available in the overall funding. Councilmember Tetens stated in item No. 18 the adjustment feed is more than what was originally planned. He asked if Canterbury Park Development would include this amount in its cost. Project Director, Joe Wertz, stated they would be building an extra thousand feet of line at no cost to the City. Voting "Aye" Councilmembers Seeger, Tetens, and Owens. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Viktorin and Marcott absent. COUNCIL ACTION — RESOLUTION NO. R2004-19 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE SOUTHEAST WATERPLANT (WATER WELL AND GROUND STORAGE TANK). Mr. Bill Eisen, City Manager. Page 17 of 20 — 2/9/2004 Councilmember Owens made the motion, seconded by Mayor Pro -Tem Teterts, to approve Resolution No. R2004-19. Voting "Aye" Councilmembers Owens, Tetens, and Seeger. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Viktorin and Marcott absent. COUNCIL ACTION — RESOLUTION NO. R2004-25 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONSENTING TO AND APPROVING THE ISSUANCE OF BONDS BY THE HARRIS HEALTH FACILITIES DEVELOPMENT CORPORATION TO PAY REIMBURSEMENT FOR LAND ACQUIRED TO BE THE PROPOSED INITIAL OUTPATIENT AND/OR INPATIENT HEALTH CARE FACILITY TO BE LOCATED WITHIN THE CITY OF PEARLAND. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2004-25. City Manager, Bill Eisen, stated this would allow the issuance of tax-free debt for the purpose of construction associated with a hospital. Derrick Mitchell, Fulbright & Jaworski, addressed Council and stated his company represents the Harris County Health Facilities Development Corporation. The funds being used would reimburse the hospital for the site at the Northwest corner of Hwy 288 and FM 518. City Manager, Bill Eisen, stated it is his understanding that a Health Facilities Development Corporation could only provide funding for projects within the geographic boundaries of its creating entity. He stated this is outside of Harris County and asked Mr. Mitchell to clarify the exception for this case. Derrick Mitchell, Fulbright & Jaworski, addressed Council and stated consent from the creating entity was needed in order to go out of jurisdiction and have funding. Voting "Aye" Councilmembers Seeger, Tetens, and Owens. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Viktorin and Marcott absent. FIRST READING OF ORDINANCE NO. 1152 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT Page 18 of 20 — 2/9/2004 OF A SWIMMING POOL INTO A UTILITY EASEMENT. Mr. Darrin Coker,' City Attorney. Councilmember Seeger made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1152 on its first reading. City Manager, Bill Eisen, stated this would allow the property owner to construct a swimming pool extending into the utility easement. The swimming pool would not interfere with any existing utilities located in the easement. Councilmember Tetens stated he is concerned about the small size of the lot. This size lot would increase run off in the surrounding area of the home. Voting "Aye" Councilmembers Seeger and Owens. Voting "No" Councilmember Tetens. Motion Passed 2 to 1, with Councilmembers Viktorin and Marcott absent. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:04 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.072 — REAL PROPERTY: DISCUSSION REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY FOR THE CITY. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 9:25 p.m. COUNCIL ACTION — REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY FOR THE CITY. Mr. Darrin Coker, City Attomey. No Council action taken. ADJOURNMENT Meeting was adjourned at 9:26 p.m. Page 19 of 20 — 2/9/2004 Minutes approved as submitted and/or corrected this 23rd day of February A.D., 2004. TomReid ATTEST: Mayor Page 20 of 20 — 2/9/2004