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2004-03-22 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MARCH 22, 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 Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Richard Tetens Woody Owens Charles Viktorin Larry Marcott Klaus Seeger Bill Eisen Darrin Coker Young Lorfing Others in attendance: Deputy City Manager Alan Mueller; Executive Director of Community Services Tobin Maples; Police Chief J.C. Doyle; Fire Chief Paul Jamison; City Engineer Doug Kneupper; Public Affairs Liaison Lynn Munford; Director of Finance Andrea Jason; Parks & Recreation Director Thomas Grieve; Public Works Director Jerry Burns; EMS Director Jeff Sundseth. 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 presented a Certificate of Recognition to Ashley Atherton for her mature response during a medical crisis and her ability to take charge in alerting emergency medical personnel. Ashley's father stated Ashley is an 11 year old, fifth grader, and he is fortunate to have her as his daughter. She has three small brothers and she has done some great things. He stated she deserves the recognition. Mayor Reid presented a Proclamation to Dr. Susan Lenamon for Child Abuse Prevention proclaiming April 2004 as "Child Abuse Prevention Month." Dr. Lenamon stated it is the responsibility of everyone, by law, to report known child abuse and she asked everyone to do so. Mayor Reid announced that Councilmember Seeger received an emergency call from work. He is needed immediately, and will be absent for the remaining portion of the meeting. Page 1 of 21 — 3/22/2004 Mickey Owens, President for partners for Pearland, gave a brief presentation regarding Partners for Pearland. The organization was formed in 1994. He started with Partners for Pearland in 1998. Mr. Owens stated the organization will have a bowl-a-thon this fall and a golf tournament in the Spring. He stated since 1994 over $141,000 has been raised through fund-raisers to buy school supplies and clothing for under privileged children in the Pearland area. Scholarships have been awarded and General Education Diplomas have been issued through the organization. Mr. Owens recognized and presented a plaque to the Mayor for participating in the events held by the Partners for Pearland and for his continued support. Mayor Reid stated the events of the Partners for Pearland are for a great cause. Mayor Reid reported on March 9 he attended a meeting regarding access roads and feeder roads for SH 288 and FM 518 extension; March 10 he attended a Brazoria Drainage District No. 4 Business Meeting and an Adult Reading Board of Directors Meeting; March 10-12 he attended the Texas Association Regional Councils of Government Meetings; March 15 he attended an Agenda Meeting and Public Hearings with Council and the Planning & Zoning Commission; March 16 he attended a HGAC Board of Directors Meeting; March 17 he attended the Pearland Economic Development Corporation CEO Round Table Meeting and the Brazoria County Cities Association Monthly Meeting; March 18, 2004 he attended the Chamber Leadership Council Meeting, Gulf Coast Water Authority Board of Directors Meeting, and a Stewart Title Ribbon Cutting and Open House Ceremony; March 19 he attended the HGAC Annual Meeting and Dinner; March 22 he attended a Pearland Economic Development Board of Directors Meeting. Mayor Reid asked the candidates for Council in the upcoming May Election to introoce themselves. Mayor Pro -Tem Tetens stated he is running for Council Position No. 1. Kevin Cole stated he is running for Council Position No. 5. Kevin McDonald stated he is running for Council Position No. 5. COUNCIL ACTIVITY REPORTS Mayor Pro -Tem Tetens reported on March 9 he attended the Clear Creek Steering Committee Meeting in Friendswood as the City of Pearland Representative; March 10 he attended the Brazoria County Drainage District No. 4 Meeting; March 17 he attended the Pearland Economic Development Corporation Round Table and the Brazoria County Cities Association Meeting; March 19 he attended the HGAC Annual Meeting and Dinner. Councilmember Viktorin reported the Pearland Arts League is progressing towards its main event, 18t Annual The pARTy on Grand. He stated things are ,coming together very nicely and he is reminding everyone of the event on May 1, 2004, at North Grand Boulevard, 10:00 a.m. — 12:00 p.m. Page 2 of 21 — 3/22/2004 Councilmember Owens passed. Councilmember Marcott passed. Councilmember Seeger absent. CITY MANAGER'S REPORT City Manager, Bill Eisen, reported the Parks and Recreational Department has received the Lone Star Programming Award from the Texas Parks and Recreation Society. The reward was received for the development and sponsoring of the 1St Annual Trick -or - Treat Trail this past Halloween. He congratulated the department for its fine work. Mr. Eisen reported he attended the Greater Houston Partnership Meeting earlier today. He stated the speaker was Congressman John Culberson who represents a portion of the Houston area in the United States Congress. Congressman Culberson is a member of the Appropriation Committee. His position benefits the general region. Congressman Culberson mentioned flood control in the entire Houston area and its top priority. Mr. Eisen stated this was very encouraging due to last year's deletion of the Clear Creek Project from the federal budget. The help of Congressman Tom DeLay and Congressman Culberson brought restoration back to the Clear Creek Project funding and it is again part of the federal budget. He stated the Greater Houston Partnership is supporting a Bill in the United States Congress, which would make the sales tax deductible from federal income tax. This Bill was just recently introduced and he will update Council when more information is given. CITIZENS Darryl Davis, 4701 Sebastopol Drive, addressed Council and stated he opposed the passing and approval of Ordinance No. 509-696 because it does not promote the health, safety, and general welfare of the public. He stated the developer is donating part of the land to the City, and the City of Pearland has not performed an environmental assessment of the land. He gave additional comments regarding the noise ordinance and stated the residents of the proposed subdivision would live near a continued noise region. The proposed fences for the proposed subdivision will not prevent any hazards. He stated according to the City's current Noise Ordinance and Planning &Zoning files this proposed development does not promote the health, safety, and general welfare of the public. Michael Klaus, 5016 Groveton, addressed Council and commended Andy Gallagher, Assistant City Engineer, for attending and providing suggestions at the Clear Creek Steering Committee. He stated the City was very well represented. Some of the down stream communities are not willing to support the project financially. Pearland is carrying a lot of the financial responsibilities with the project. He stated his concerns regarding Pearland holding so much responsibility for the project. Page 3 of 21 — 3/22/2004 DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the January 19, 2004, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the March 8, 2004, Regular Council Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-696 — 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 65.4324 ACRES BEING ALL OF LOTS 1, 2, AND 3 OF PEARLAND INDUSTRIAL PARK SUBDIVISION AS RECORDED IN VOLUME 16, PAGE 171, OF THE MAP RECORDS OF BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF VETERANS DRIVE, ON THE WEST SIDE OF THE RAILROAD, AND SOUTH OF WALNUT STREET) (APPLICATION NO. 1152) FROM CLASSIFICATION LIGHT INDUSTRIAL DISTRICT (M-1) TO PLANNED UNIT DEVELOPMENT (PUD) AT THE REQUEST OF KEVIN PRICE, AGENT FOR JOHN A. SAGE, 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. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-697 — 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 3.00 ACRES BEING PART OF LOT 178. ZYCHLINSKI SUBDIVISION OF SECTION 28, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 551, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF DIXIE FARM ROAD, NORTH OF THE INTERSECTION OF DIXIE FARM ROAD AND STATE HIGHWAY 35) (APPLICATION NO. 1139) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF ENRIQUE GUZMAN, 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 4 of 21 — 3/22/2004 D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-698 — 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 18.75 ACRES, OUT OF THE NORTHEAST ONE-FOURTH OF THE SOUTHWEST ONE-FOURTH AND THE NORTH ONE-HALF OF THE SOUTHEAST ONE-FOURTH IN SECTION 15, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT NO. 241, IN BRAZORIA COUNTY, TEXAS (LOCATED AT 6618 FITE ROAD) (SPECIFIC USE APPLICATION NO. 130) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SUBURBAN DEVELOPMENT - SPECIFIC USE (SD(S)) AT THE REQUEST OF JACK MCGUFF, JR., AIA, AGENT FOR PEARLAND AREA DAD'S CLUB, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-699 — 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 4.9266 ACRES, SITUATED IN LOT 52 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 20, OF THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 506, BRAZORIA COUNTY, TEXAS (LOCATED AT THE NORTHWEST CORNER OF CULLEN BOULEVARD AND COUNTY ROAD 403 (HUGHES RANCH ROAD)) (APPLICATION NO. 1141) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF TOM KUNTHARA, AGENT FOR HOUSTON BUSINESS INVESTMENTS, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. F. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-700 — 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 Page 5 of 21 — 3/22/2004 LOTS 38, 39, 40, AND 41, BLOCK 16, PEARLAND TOWNSITE (WEST SIDE OF WASHINGTON AVENUE, AND NORTH OF BROADWAY STREET) (APPLICATION NO. 1150) FROM CLASSIFICATION MULTI -FAMILY DISTRICT (MF) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF .JACK MCGUFF, JR., AIA, AGENT FOR DIANA LECLERE, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. G. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-701 — 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 42, 43, AND 44, BLOCK 16, PEARLAND TOWNSITE (WEST SIDE OF WASHINGTON AVENUE, AND NORTH OF BROADWAY STREET) (APPLICATION NO. 1151) FROM CLASSIFICATION MULTI -FAMILY DISTRICT (MF) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JACK MCGUFF, JR., AIA, AGENT FOR SHANE NIXON, 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. H. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-702 — 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 ACRES OUT OF AN 11.88 ACRE TRACT OUT OF TRACT 1-C OF THE W. W. STONE PARTITION OUT OF TRACT 1 OF THE W. T. DOBSON SURVEY, ABSTRACT 187, BRAZORIA COUNTY, TEXAS (LOCATED AT 1610 STONE ROAD) (APPLICATION NO. 1148) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF VITOR GRAVE, 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. 1. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-703 — AN ORDINANCE OF THE CITY Page 6 of 21 — 3/22/2004 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 0.7849 ACRES, SITUATED IN THE J. W. MAXEY SURVEY,. ABSTRACT 721, BRAZORIA COUNTY, TEXAS (LOCATED AT 3618 WEST STERLING DRIVE) (APPLICATION NO. 1149) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF TAN-VINH THAI 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. J. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 943-8 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING FIGURE 7.2, THOROUGHFARE PLAN, OF THE CITY'S COMPREHENSIVE PLAN AS A GUIDE FOR PRESERVING A SENSE OF COMMUNITY, ATTRACTIVENESS AND SAFETY IN PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR CODIFICATION. Mr. Tobin Maples, Executive Director of Community Services. K. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1157 — 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. L. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-45 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS -DESIGNEE TO _ ENTER INTO AN INTERLOCAL AGREEMENT WITH THE MEMORIAL VILLAGES WATER AUTHORITY FOR COOPERATION IN THE PURCHASE OF VARIOUS COMMODITIES. Mr. Darrin Coker, City Attorney. Page 7 of 21 — 3/22/2004 M. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-39 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXCHANGE, BY QUITCLAIM DEED, CERTAIN REAL PROPERTY SITUATED IN THE CITY. Mr. Darrin Coker, City Attorney. N. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE OF CYPRESS VILLAGE SECTION 1. Mr. Doug Kneupper, City Engineer. 0. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE OF SHADOW CREEK RANCH SF -23. Mr. Doug Kneupper, City Engineer. Mayor Reid asked that Consent Agenda Item D be removed from the Consent Agenda for further discussion. Councilmember Marcott asked that Consent Agenda Item M be removed from the Consent Agenda for further discussion. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Tetens, to adopt Consent Agenda Items A through 0, with the exception of Item D and Item M, as presented on the Consent Agenda. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. MATTERS REMOVED FROM CONSENT AGENDA Mayor Reid asked that Consent Agenda Item D be removed from the Consent Agenda for further discussion. D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-698 — 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 18.75 ACRES, OUT OF THE NORTHEAST ONE-FOURTH OF THE SOUTHWEST ONE-FOURTH AND THE NORTH ONE-HALF OF THE SOUTHEAST ONE- FOURTH IN SECTION 15, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT NO. 241, IN BRAZORIA COUNTY, TEXAS (LOCATED AT 6618 FITE ROAD) (SPECIFIC USE APPLICATION NO. 130) FROM CLASSIFICATION Page 8 of 21 — 3/22/2004 SUBURBAN DEVELOPMENT DISTRICT (SD) TO SUBURBAN DEVELOPMENT - SPECIFIC USE (SD(S)) AT THE REQUEST OF JACK MCGUFF, JR., AIA, AGENT FOR PEARLAND AREA DAD'S CLUB, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Tetens, to adopt Consent Agenda Item D as presented on the Consent Agenda, as amended to change the acreage of 18.75 to approximately 30 acres. City Attorney, Darrin Coker, stated he spoke with Mr. Griswald before the meeting. He stated the Ordinance currently has 18.75 acres as being zoned by the application. Discussion took place during the Regular Council Meeting and referenced the entire portion of 30 acres for rezoning. Mr. Coker stated it was advertised as 30 acres as well, and he would like for Council to incorporate the entire 30 acres into the motion. Voting "Aye" Councilmembers Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. Councilmember Marcott asked that Consent Agenda Item M be removed from the Consent Agenda for further discussion. M. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-39 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXCHANGE, BY QUITCLAIM DEED, CERTAIN REAL PROPERTY SITUATED IN THE CITY. Mr. Darrin Coker, City Attorney. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Tetens, to adopt Consent Agenda Item M as presented on the Consent Agenda. City Manager, Bill Eisen, stated the property line near Fire Station No. 3 is incorrect. This action would clarify the specific property line. Councilmember Marcott asked if this item was recently discussed. City Attorney, Darrin Coker, stated only a waiver of encroachment was done on the property. He stated this item will correct the boundary lines and correct the property line. Page 9 of 21 — 3/22/2004 Councilmember Marcott stated this property has been discussed previously and he is concerned if this will take place again. Mayo Reid stated this could possibly be presented in the future because measurements from the West to East and East to West are not matching correctly on different properties. A brief discussion ensued among Council regarding the property and previous issues with the area. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. NEW BUSINESS COUNCIL ACTION — RESOLUTION NO. R2004-44 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY FOR ROAD MAINTENANCE AND REPAIR. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Viktorin, to approve Resolution No. R2004-44. City Manager, Bill Eisen, stated this item relates to some work the City has specific plans to complete regarding the Southeast Water Plant. Council recently awarded a bid for the drilling of an additional water supply well near the intersection of Bailey and Veterans. This item is associated with the water supply well. He stated the construction of an elevated ground storage tank is also associated with the project. Mr. Eisen stated normally when any heavy hauling is conducted on County Roads, the County requires bonds be purchased. This ensures the County Roads are brought back to the conditions that existed prior to the hauling. The County has agreed with the City to not require bonds. The County will provide any necessary equipment for any necessary road repairs after the hauling is completed. In return, the City will furnish the materials for any necessary road repairs, after the hauling is completed. Councilmember Owens asked if there were any dollar amounts estimated for the materials. City Manager, Bill Eisen, stated the cost for materials would not be very significant. This is a fairly short section of County Road. He stated this would be the equitable thing to do for repairing the road, especially if the City causes the road damage. This would Page 10 of 21 — 3/22/2004 also be the least expensive way to repair the roads. Councilmember Owens stated it is a good idea and he agrees with the item; he was only concerned about the possible amount. City Manager, Bill Eisen, stated the City could purchase a bond, ensuring the cost for repairs are covered. The City would also be responsible for the cost in labor to make the repairs. Councilmember Owens stated on previous items, Council was able to see estimated amounts. If the amount of actual cost is over the estimate, then it would have to be approved by Council again. Councilmember Marcott asked if the City has the same jurisdiction if someone damaged City roads. City Manager, Bill Eisen, stated the City has requested similar items. However, rather than requesting the purchase of bonds, the City has required developers to pay the cost for road reconditioning after work has been completed in specific areas. A brief discussion ensued among Council and Staff regarding existing facilities bringing in heavy materials that cause damage to the roads. City Attorney, Darrin Coker, stated those individuals would be issued citations under the Truck Route Ordinance. City Manager, Bill Eisen, stated the Municipal Court Judge is setting up a special monthly docket because of the volume of citations issued. He stated there is some very aggressive enforcement. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. COUNCIL ACTION - RESOLUTION NO. R2004-42 — 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 MONTGOMERY WATSON HARZA FOR ENGINEERING SERVICES ASSOCIATED WITH THE FAR NORTHWEST WATER PLANT EXPANSION. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Marcott, to approve Resolution No. R2004-42. Page 11 of 21 — 3/22/2004 City Manager, Bill Eisen, stated this item relates to the expansion of the water plant completed for Shadow Creek Ranch. This will be the last expansion due to the amount of the land available. This water plant will provide the water intake of six million gallons per day. This would include ground storage and overhead storage. The firm Montgomery Watson Harza is recommended because of the company's familiarity with the City's water system. Councilmember Marcott asked if Montgomery Watson completed the first phase of the project. Project Director, Joe Wertz, stated Montgomery Watson did complete the first phase of the project. Councilmember Marcott asked if geotechnical evaluations and site surveying was done during the first phase of the project. Project Director, Joe Wertz, stated a perimeter survey was completed during the first phase. This would be for the new topography services. The geotechnical was done during the first phase at the specific location of the ground storage tank. This is the new location for the ground storage tank. Councilmember Marcott asked if Staff was comfortable with the ground supporting the tank. Project Director, Joe Wertz, stated this is the purpose of the geotechnical evaluations. He stated Staff is reasonably sure the ground would support the tank, but it is a matter of thickness for the foundation. Voting "Aye" Councilmembers Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. COUNCIL ACTION — RESOLUTION NO. R2004-41 — A COUNCIL OF THE CITY OF PEARLAND, TEXAS, MANAGER OR HIS DESIGNEE TO ENTER INTO AN WITH BELLAIRE ENVIRONMENTAL, INC. FOR ASSOCIATED WITH THE PEARLAND PARKWAY ROAD Mr. Alan Mueller, Deputy City Manager. RESOLUTION OF THE CITY AUTHORIZING THE CITY ENGINEERING CONTRACT WETLANDS MITIGATION PROJECT. Councilmember Marcott made the motion, seconded by Councilmember Viktorin, to approve Resolution No. R2004-41. Page 12 of 21 — 3/22/2004 City Manager, Bill Eisen, stated this item relates to the Pearland Parkway wetlands mitigation issue. An agreement took place with Belaire Environmental regarding the design of the necessary wetlands mitigation associated with the Pearland Parkway construction project. Shortly after the work began, there was a violation of the wetlands permit by the contractor on the job. As a result, all worked was stopped on the old contract. Deputy City Manager, Alan Mueller, has spent some time working with the Corps of Engineers, the contractor's engineering firms, and others to determine the additional required mitigation. Council is asked to approve the contract with Belaire Environmental to finish the first work and also additional environmental work necessary to complete the mitigation design. The total cost is approximately $96,000 plus the $9,900 for the work completed before the violation. Councilmember Owens asked if the additional studies for the 61 acres were due to the violation. Deputy City Manager, Alan Mueller, stated it is the additional mitigation necessary because of the violation. The City will also need to provide restoration on the area that was violated. City Attorney, Darrin Coker, stated the contractor has submitted final pay, which does not include the request for repayment at this time. The City has an amount of fees in damage to the wetlands. Deputy City Manager, Alan Mueller, stated he is currently assessing the amount of damage done to the wetlands. Councilmember Owens asked Staff to complete the cost for the damages and provide it to the contractor before completing the contract. City Manager, Bill Eisen, suggested an Executive Session during the next Council meeting for discussion regarding the amount of damages assessed for the wetlands violation and any legal alternatives. Councilmember Marcott stated in the City contract states if the City is late on payment the amount would increase 1% per month. In the contractor's proposal it is 1.5%. He stated both are better than what a bank would provide. The City needs to look at this percentage. City Attorney, Darrin Coker, stated the percentage could be changed. However, there is a provision in the contract that states if there is a conflict between the two documents, the City's contract prevails. Councilmember Marcott stated he understood, but thinks the amount should be changed to a lower percentage. Page 13 of 21 — 3/22/2004 City Manger, Bill Eisen, stated he does not believe this percentage would ever be an issue based on the payments. It should not take a month-to-month basis to pay the contractor. Councilmember Marcott stated he understood, but thinks the issue still needs to be addressed. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. COUNCIL ACTION — RESOLUTION NO. R2004-43 — 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 SUNGARD H.T.E., INC. FOR THE PURCHASE AND INSTALLATION OF GIS CIME MAPPING SOFTWARE. Mr. Bill Eisen, City Manager. Councilmember Viktorin made the motion, seconded by Councilmember Owens, to approve Resolution No. R2004-43. City Manager, Bill Eisen, stated this is regarding a geographic based crime analysis system. This system will allow the Police Department to aggregate data in numerous ways by varying sizes of geographic regions in the City. Police Chief, J.C. Doyle, stated the looking glass software would physically affect every division in the department. Dispatch will have an interactive map of every car dispatched, including EMS and Fire vehicles. Individual shift supervisors will be able to identify, access, display, and analyze crime trends taking place throughout the City. This will allow the department to deploy officers accordingly. This would also help identify where traffic accidents are taking place and what times. The officers would be able to then assist in the traffic problems. Response time will increase, and receiving correct address data would benefit the officers. The detectives would primarily use the crime analysis portion, aiding in the identification of criminal patterns. Crime prevention personnel could utilize the software to determine where certain services are needed. He stated every department officer is expected to be a problem solver; the officers also need to be economically efficient in this process of solving problems. This will be an excellent tool to help make that happen. Mayor Reid asked if police officers in patrol would be able to utilize the system. Police Chief, J.C. Doyle stated, officer in patrol will be able to utilize the mapping system from the patrol vehicles, but will not be able to utilize the crime analysis. Page 14 of 21 — 3/22/2004 However, once the officer returns to the department he will be able to retrieve data from the crime analysis portion. Mayor Reid asked if police officers in patrol would be able to see other officers in route to dispatched areas. Police Chief, J.C. Doyle stated, police officers will not be able to see other officers in route to dispatched areas because the department does not have the global positioning capabilities with this program. He is optimistic in requesting the software with these capabilities in the future. Councilmember Marcott stated the department is now at less than half the budgeted amount for this year. He asked if the department is planning to purchase other items in the current year. Deputy City Manager, Alan Mueller, stated Council is viewing the overall GIS budget. GIS Coordinator, Mike Masters, stated this is only part of the implementation for this year with Public Safety, recommended by the patrolmen. Mayor Reid stated there are so many buildings on FM 518 without addresses on them. He asked if there is a move towards complementing the system by placing addresses on existing buildings without visible addresses. Police Chief, J.C. Doyle, stated this would be an excellent project for the Citizens Police Academy. The academy received an excellent response from the business owners when the emergency data information was updated. This could possibly be an extension of this item. The mapping program will display landmarks as well, which would be a great benefit for the officers. Councilmember Owens asked if the training process would only take one training period. Police Chief, J.C. Doyle, stated his understanding is the program is extremely user- friendly. - GIS Coordinator, Mike Masters, stated it would be a combined effort with the GIS staff and the consultants during a one-week off-site training. A brief discussion ensued among Council and Staff regarding the training process. City Manager, Bill Eisen, stated his understanding is the contracted trainers would train -� trainers and the trainers will train the any necessary staff. Page 15 of 21 — 3/22/2004 A brief discussion ensued among Council and Staff regarding the software compatible capabilities with current software utilized by the City. GIS Coordinator, Mike Masters, stated the Fire Department is currently evaluating the ~� software for thirty days. Voting "Aye" Councilmembers Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. COUNCIL ACTION — RESOLUTION NO. R2004-35 — 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 TURNER COLLIE & BRADEN, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE KIRBY DRIVE EXTENSION. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Viktorin, to approve Resolution No. R2004-35. City Manager, Bill Eisen, stated a few months ago the Economic Development Corporation approved preliminary engineering services from Turner, Collie and Braden for the extension of Kirby Drive, associated utilities, and storm drainage involved with the project. The preliminary engineering has been completed and before Council is the consideration for initiating the annexation of proceedings on that portion of the property owned by LNR. This portion is not currently within the City limits. A development agreement is currently in the finalization process with LNR regarding development of the property. The Economic Development Corporation discussed this item during a previous meeting and there was some discussion regarding the project. Executive Director of Economic Development Corporation, Fred Welch, stated the board did approve the authorization to proceed with final design. The longer concerns are regarding City services and utilities that currently do not exist. Some of the scope of this project has changed due to the lack of services. The plan is to design the road and build it with sufficient water and sewer included to handle the capacity for the entire development over the next 20 years. There is a limited amount of indebtedness the Economic Development Corporation can issue over a period of time. The indebtedness has not been reached, but looking at future projects, there is a point in time where that debt capacity will be reached. The board wants to find ways for other sources of funding for assistance on the projects, versus issuing revenue bonds only. The board wants to ensure the money is placed where it makes the most impact. Councilmember Owens, asked for the amount Spectrum has funded for the project. Page 16 of 21 — 3/22/2004 Executive Director of Economic Development Corporation, Fred Welch, stated Spectrum has not inputted funding as to date. However, this cannot be ruled out. There is a possibility of tax increment financing in the future. The developer has expended approximately $200,000 in terms of the Plan Unit Development. They are determined to assist and develop a zoning district, which goes beyond what is currently within the City. They are also working very diligently with the City Staff. The developer has purchased approximately 100 acres; 48 acres are under contract and should be closed within the next 30 days. The developer is also looking to acquire additional property. They have secured a national company, Colliers, to represent them in marketing the property. The developer is putting the marketing plan together and assets on the table to move forward in a responsible manner. A brief discussion ensued among Council and Staff regarding an update to Council on the entire project. City Manager, Bill Eisen, stated LNR has submitted the planned development zoning and a joint workshop has been scheduled for March 29, 2004. This should give Council a better understanding from the developer. There are a couple of potential businesses seeking the use of the property after development. One of the businesses has the type of services the City is currently looking to bring in Pearland in the biotechnology field. Their schedule is close, and the design work for the development needs to take place. Mr. Eisen stated this item is very important because there are not many industrial development areas in Pearland, and there are not many opportunities for this type of development. This area seems like a good area for this development. Councilmember Marcott asked if the subcontractors are subsidiaries of Turner, Collie and Braden. City Manager, Bill Eisen, stated his understanding is the same company owns Survcon; however, Terra -Mar is unknown. Councilmember Marcott stated he is concerned with Turner, Collie and Braden receiving 10% of the contracts being brought into the project. A representative of Turner, Collie and Braden stated the 10% is to cover the efforts of processing paperwork such as: subcontract agreements and invoicing. Councilmember Marcott stated it looks like the company is receiving more money into the corporation, and that is a concern. A representative of Turner, Collie and Braden stated the companies have the same parent company, but the companies are separate in organization and charter. City Manager, Bill Eisen, stated in regards to the surveying, competitive bids could not be taken on certain things; however, pricing was requested from another surveying Page 17 of 21 — 3/22/2004 company. Survcon had the most competitive pricing. If the other firm was used, there would also be a 10% attachment with a lager base number. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent COUNCIL ACTION — DIRECTIVE TO STAFF TO INITIATE A SERVICE PLAN FOR THE ANNEXATION OF LAND GENERALLY LOCATED WEST OF ANAGOST ROAD (UNOPENED), SOUTH OF RILEY ROAD (UNOPENED) AND EAST OF HOOPER ROAD IN THE ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION F, JAMES HAMILTON SURVEY, ABSTRACT 876, HARRIS COUNTY, TEXAS. Mr. Alan Mueller, Deputy City Manager. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Owens to direct Staff to initiate a Service Plan for the annexation of land generally located west of Anagost Road (unopened), south of Riley Road (unopened) and east of Hooper Road in the Allison -Richey Gulf Coast Home Company Subdivision, Section F, James Hamilton Survey, Abstract 876, Harris County, Texas. City Manager, Bill Eisen, stated this is a request from the owners of Spectrum for the annexation of property currently not located within the City limits. It would be a portion of the company's development. This item would initiate the process in proceeding with annexation. Councilmember Marcott asked if the company owned the property. City Manager, Bill Eisen, stated the property owned by the company is currently in the City limits. Councilmember Viktorin asked if the City annexes the property, how long does the City have to provide water and sewer. City Attorney, Darrin Coker, stated the City would need to provide water and sewer services in approximately four years. Deputy City Manager, Alan Mueller, stated this would be part of the analysis performed in the further planning, and this will need to take place before a final decision by Council. Voting "Aye" Councilmembers Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Page 18 of 21 — 3/22/2004 Motion Passed 4 to 0, with Councilmember Seeger absent. COUNCIL ACTION — RESOLUTION NO. R2004-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, OPPOSING ANY SCHOOL FINANCE OR TAX SYSTEM REFORMS THAT WOULD NEGATIVELY AFFECT CITY REVENUES AND ECONOMIC DEVELOPMENT EFFORTS. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Councilmember Owens, to approve Resolution No. R2004-46. City Manager, Bill Eisen, stated the Texas Municipal League has some concerns regarding the upcoming session on school finance reform. The school finance reform could possibly have some impact on cities as well. This item would give Council an opportunity to take a position regarding the school finance reform, and vote whether -it should affect the City in the ability to raise revenues in the future. Mayor Reid stated both the Houston -Galveston Area Council Legislative Committee and the Texas Association of Regional Council thinks the City needs to be careful about upping County, State, and City abilities to raise taxes. There are some concerns regarding the tax rate and services provided by the City. Councilmember Marcott stated he thinks the City of Angleton looked at it the same way. People are concerned, not against the situation, but would like to know what the legislature will decide. He stated the City should address the concerns with the Governor. City Manager, Bill Eisen, stated most of the proposals, out of state government proposed to place different limits on local revenue raising authority. He does not think there is anything limiting the state government authority to adjust revenues as deemed appropriate. Councilmember Owens stated this issue is a big concern and this is why he continuously discusses the amount of money the City is currently spending. He is concerned about the impact fees and possible changes in utility and rates. Councilmember Marcott stated Council needs to discuss the issue with Representative Dawson, Senator Jackson, and the City of Friendswood. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. Page 19 of 21 — 3/22/2004 OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:02 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. Bill Eisen, City Manager. 2. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING POTENTIAL LITIGATION —ZONING. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 10:00 p.m. COUNCIL ACTION — RESOLUTION NO. R2004-40 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO EARNEST MONEY CONTRACTS WITH JOHN B. YOST FOR THE PURCHASE OF REAL PROPERTY SITUATED IN THE CITY OF PEARLAND. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Marcott, to approve Resolution No. R2004-40. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. COUNCILACTION — REGARDING POTENTIAL LITIGATION — ZONING. Mr. Darrin Coker, City Attorney. Renee McGuire, 6302 Broadway, addressed Council and stated the development would be for retired citizens fifty-five and older. The units will be small and the R-4 zoning would not work. A plat will be turned in for the property. There is a big loss in amounts if the property is zoned as R-4 versus Multi -Family. This property will -be similar to the Bedford community. It will have four units per acre. Pearland really needs a place in the community for older citizens that have families residing in Pearland. Page 20 of 21 — 3/22/2004 No Council action taken ADJOURNMENT Meeting was adjourned at 10 05 p m Minutes approved as submitted and/or corrected this the 12th day of April , A.D , 2004 Tom Reid Mayor ATTEST ngL , T ySe tary Page 21 of 21 — 3/22/2004