Loading...
2004-05-10 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MAY 10, 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 Charles Viktorin Woody Owens Larry Marcott Klaus Seeger Bill Eisen Darrin Coker Young Lorfing Others in attendance: Deputy City Manager Alan Mueller; Executive Director of Community Services Tobin Maples; Executive Director of Economic Development Corporation Fred Welch; Marketing Manager of P.E.D.C. Will Benson; Police Chief J.C. Doyle; City Engineer Doug Kneupper; Public Liaison Lynn Munford; Director of Human Resources and Safety Management Mary Hickling; Public Works Director Jerry Burns; EMS Director Jeff Sundseth, Purchasing Officer Gordon Island; Project Director Joe Wertz; Planning Manager of Community Development Lata Krishnarao; and Planner 1 Theresa Grahmann. The invocation was given by Councilmember Viktorin and the Pledge of Allegiance was led by Chief of Police J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported on April 27 he attended a meeting with TxDOT regarding SH 288 and attended a Pearland Arts League Meeting; April 28 he was a judge for the School Fire Week Posters; April 29 he attended a Ribbon Cutting Ceremony for Zales Jewelry and a Ribbon Cutting Ceremony for Tranquility Lake; May 2 he presented a proclamation to the Silverlake Church; May 3 he attended an Agenda Meeting; May 4 he made a presentation to the Bay Area Contractors' Association; May 5 he was a celebrity reader for the Challenger School 4t" grade class, spoke at the Neighborhood Center Annual Forum, and attended a Memorial Service for the Mayor of La Porte - Mayor Malone; May 6 he attended the PEDC Annual Broker Day, spoke to Pearland/Alvin/Friendswood Realtor's Association, attended the Class 19 Citizen Police Academy Graduation, and attended a meeting with Fort Bend County Judge Hebert; May 7 he attended a Chamber Before Work Breakfast; May 8 he worked at the Arts League "pARTy on the Grand", spoke to the Girl Scouts Bridging Annual AA Event, and Page 1 of 25 — 5/10/2004 attended and spoke at the Annual Dinner of Sri Meenakshi Temple; May 10 he attended a PEDC Special Meeting. Mayor Reid presented a Proclamation to EMS personnel for emergency medical services, proclaiming May 16 - 24, 2004, "Emergency Medical Services Week." Jeff Sundseth, EMS Director, stated EMS personnel put in a great deal of time and effort to serve the citizens of Pearland. He introduced EMS personnel. Marcus Hernandez is a twenty-year resident of the City of Pearland and started as a volunteer in 1990 and was hired on in the department. Robert Sabbara is a four-year resident of the City of Pearland and he started as a volunteer and was hired on in the department. Art Montemayor has been an Emergency Medical Technician for twenty-two years and has served with the Pearland Emergency Medical Services for three years; Constance Culling has been with the Pearland Emergency Medical Services since 1996 and a paramedic since 1997. Steve Movak is a resident of Pearland and has been in Emergency Medical Services for twenty-four years and has served in Pearland for approximately seven years. Keith Schoenberg has been a resident of Pearland for eighteen years and has served with Pearland Emergency Medical Services. Sarah Abbott has been a resident of Pearland for twenty-five years and started with the Pearland Emergency Medical Services this year. Dean Businelle has been a Pearland resident for seventeen years and has served with Pearland Emergency Medical Services for five years. Mayor Reid stated a General/Special Election is in process and election day is May 15, 2004. City Manager, Bill Eisen, stated there are two voting locations, Melvin Knapp Center for residents East of SH 35 and Jamison Middle School for residents West of SH 35. Both locations are joint locations for the School District and City of Pearland. Mayor Reid introduced election candidates Richard Tetens, Kevin McDonald, and Kevin Cole. COUNCIL ACTIVITY REPORTS Mayor Pro -Tem Tetens reported on May 6 he attended the National Day of Prayer at City Hall and his wife, Anna Tetens, sang the National Anthem. He also attended the Police Academy Graduation of Class 19 on May 6. Councilmember Viktorin reported on May 8 he attended the First Annual "pARTy on the Grand". He stated it was a wonderful first event. Councilmember Owens reported on April 30 he attended a dinner and silent auction for the Judge Willy Golf Tournament for Leukemia. There was a really good turn -out for the Page 2 of 25 — 5/10/2004 the event. He stated approximately $95,000.00 dollars was raised for Leukemia. May 3 he attended the Harris County, Commissioner Eversole Golf Tournament for Leukemia. On May 26 Council will attend the Brazoria County Transportation Commission in Austin to discuss the issues of transportation within the county. He stated Council attended last year and discussed SH 288 and the impact of traffic. As a result of that discussion, improvements have taken place on SH 288.. The discussion this year is regarding SH 36, SH 35, and SH 288. Councilmember Marcott reported his family has been in Holland visiting with their grandchildren. They visited Germany as well. Councilmember Seeger stated this is his last Regular Meeting as Councilmember of his current Council position. Mayor Reid stated Councilmember Seeger has done a superb job and he really appreciates his service. He stated Councilmember Seeger has helped bring a Motorcycle Police Unit to the City of Pearland Police Department. Hopefully, in a few years the unit will build to approximately six motorized officers. CITY MANAGER'S REPORT City Manager, Bill Eisen, acknowledged the efforts of the Pearland Economic Development Corporation for putting together the Annual Brokers' Day. A lot of the commercial real estate brokers and commercial development allies have an opportunity to see a presentation of the community and take a tour of the City. He thanked the Pearland Economic Development Corporation for a fine job. He reported that Tobin Maples, Executive Director of Community Development, has accepted a position in the Dallas/Fort Worth area as the City Administrator of the City of Argyle. He has served with the City of Pearland for four years and has given quality service during his employment. Councilmember Tetens announced the May 15, 2004 General and Special Election. Mayor Reid stated the last Council increase was in 1983. The Mayor received an increase from $250.00 to $300.00, and Councilmembers received and increase from $200.00 to $250.00. CITIZENS Margerite Massey -Smith, P.O. Box 2065, addressed Council and stated she forwarded a package to Council and City Staff regarding the historical marker of Zychlinski Park. She stated she has some concerns with the quitclaim deed issued with her father's signature. Ms. Massey -Smith stated she spoke with the coach of Pearland High School regarding an agreement for use of the park. Ms. Massey -Smith stated she thought the Page 3 of 25 — 5/10/2004 park would be given back after the school was finished using it. She gave some --► additional comments regarding her background. She further stated all the information she researched has been submitted to Council and nothing has changed regarding the ownership of the park. She stated there is currently a 50 -year restriction on the Park. She stated there is a stipulation on the park that if there is any problem regarding the park with race, color, or national origin, the park automatically reverts back to the School District. Ms. Massey -Smith gave additional information regarding the history of Zychlinski Park. She stated there are some discrepancies on the legal documents to the park, and it reverts back to the citizens of Pearland. She stated the historical marker would not be given to the park, until the park is given back to the citizens of Pearland. Michael Klaus, 5016 Groveton, addressed Council and stated he has been attending meetings involving Clear Creek. He stated the level of commitment being demonstrated by the different communities is very limited. He stated there is a rule that only one person can represent a community at a time. He gave additional information regarding getting all the communities involved with the project. Pearland and Friendswood have demonstrated their commitment. He is concerned about the other communities. Substantial amount of monies are being spent and it should be equal for all communities. Georgeanne Treadway, 9710 Camelots Court, addressed Council and presented Council with copies of pictures. She stated she contacted Kola Olayiwola, Building Codes & Inspections, on many occasions with no return contact. She stated her community needs to be cleaned -up and she has asked for assistance. She stated she was told that this could not be done without physical addresses. She could not get addresses on vacant lots, but has given directions to those lots. The community only has four streets in the subdivision. There is trash, weeds, animals breeding, and children in empty sheds. She gave a brief description of the photos given to Council and asked for Council's assistance. Bill Moody, 2517 San Antonio, addressed Council and stated he is having problems with the clean up of Downtown Pearland. The Old Townsite is becoming more rental property, which is a problem. People are moving to Pearland because of the job increase, but they don't have the money to spend to upkeep the area. The cost of building anything in the area is hard. The last time he came before Council regarding the water retention fee and has not received a response. He asked for assistance with junk cars and problems in the area. He has concerns with new residents not knowing where Downtown Pearland is located. There is a problem. Mr. Moody stated he is willing to help Council in any way he can with Downtown Pearland. DOCKETED PUBLIC HEARING: None Page 4 of 25 — 5/10/2004 r" Mayor Reid, with concurrence of Council, moved to New Business Numbers 7, 13, 16 and 12. COUNCIL ACTION — FIRST READING OF ORDINANCE NO. 509-718 — 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 TRACT 1, 60.0000 ACRES SITUATED IN THE JAMES HAMILTON SURVEY, ABSTRACT NO. 876, BEING ALL OF LOTS 39, 39 1/2 , 40, 40 1/2, 41, 41 1/2, 42, 42 1/2, 55,551/2,56, AND 56'/2 IN SECTION OR BLOCK "F" IN THE ALLISON-RICHEY GULF COAST HOME CO'S. PART OF SUBURBAN GARDENS SUBDIVISION; TRACT 2, PARCEL A: ALL OF LOTS 53 AND 54 AND THE SOUTH FIFTY FEET OF LOTS 43'/2 AND 44 1/2 OF ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION F JAMES HAMILTON SURVEY, ABSTRACT 876; PARCEL B, 11.0586 ACRES OF LAND OUT OF THE ALLISON-RICHEY GULF COAST COMPANY SUBDIVISION SECTION "F", IN THE JAMES HAMILTON SURVEY A-876; PARCEL D, 882,971 SQUARE FEET OF LAND OUT OF THE ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION "F", IN THE JAMES HAMILTON SURVEY A-876; TRACT 3, 44.00 ACRES BEING ALL THAT PARCEL OF LAND BEING ALL OF LOTS 9 1/2, 101/2,23,231/2,24,241/2,25,251/2,26,261/2, OF ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION, ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 3, PAGE 40, OUT OF SECTION "F" OF SAID SUBDIVISION, ALL IN HARRIS COUNTY, TEXAS (LOCATED AT THE SOUTHWEST CORNER OF STATE HIGHWAY 288 AND BELTWAY 8) (APPLICATION NO. 1168) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO PLANNED UNIT DEVELOPMENT (PUD) AT THE REQUEST OF JEFF GUSTAFSON OF LENNAR PARTNERS AND LNR CLEAR CREEK SPECTRUM L.P., AGENT FOR SANDRA G. BYBEE, MARY SUSAN LINDHOLM, MARGARET GREADY BYBEE, MARTHA B. SOLAND, MARILYN B. DAWSON, JEANETTE B. NICHOLS, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to approve Ordinance No. 509-718 on its first reading with the condition that the additional information will be provided prior to the second and final reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 1168. City Manager, Bill Eisen, stated this is the first phase of the Spectrum Development near the intersection of SH 288 and Beltway 8. Council has discussed the development Page 5 of 25 — 5/10/2004 with the Planning & Zoning Commission. During the Public Hearing regarding the "'IN development, a couple of issues were still pending. He stated Lata Krishnarao, Planning Manager of Community Development, is present to discuss the development, Planning Manager of Community Development, Lata Krishnarao, stated there was a Joint Public Hearing regarding the development and the Planning & Zoning forwarded a positive recommendation of approval on the development to Council. Some issues came up during the meeting. The Planning & Zoning Department has been working with the applicant to resolve those issues. Revisions have been made to the Planned Unit Development document. Staff is comfortable with the issues addressed. Lata Krishnarao, Planning Manager of Community Development, stated the applicant wanted to add some standards to the Planned Unit Development document. The standards regarding the collector and local streets do conform with the City standards. This change will be included in the Council packet prior to the second and final reading of the Ordinance. City Manager, Bill Eisen, stated some of the comments mentioned were regarding the proposed standards for the collectors and some of the secondary streets within the subdivision. The developer would like to do something similar to the proposal on Kirby Drive and North Spectrum, which is to develop a higher standard of landscaping for all the streets. The information will be provided to Council prior to final action on the Ordinance. He stated the second and final reading of the Ordinance regarding the Planned Unit Development will take place with the second and final reading of the annexation Ordinance. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-74 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 26 OF APPROXIMATELY 13.255 ACRES OF LAND. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2004-74. City Manager, Bill Eisen, stated the Texas Commission on Environmental Quality raised an issue regarding the boundaries of Municipal Utility District No. 26. Recently the first installment of debt has been issued for improvements to the District. This item would allow the annexation of approximately 13.255 acres for a Regional Sewage Treatment Plant. This plant would service the Shadow Creek Ranch Development and other areas Page 6 of 25 — 5/10/2004 'o"` of the western portion of the City. There are no implications for the City of Pearland by including this site into Municipal Utility District No. 26. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktodn. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-73 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A TEMPORARY PERMIT, IN ACCORDANCE WITH TABLE III OF THE CITY'S LAND USE AND URBAN DEVELOPMENT ORDINANCE, FOR THE OPERATION OF A CONCRETE BATCH PLANT. Mr. Darrin Coker, City Attorney. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2004-73. City Manager, Bill Eisen, stated this item relates to a request from the developer of Shadow Creek Ranch to provide for a temporary batch plant. This batch plant would provide concrete for the development of the subdivision. The original request was for a three-year temporary permit. Staff is recommending a one-year renewable contract. This would give Council the opportunity to address any problems that may occur or be addressed regarding the batch plant. Councilmember Marcott asked if providing the gravel and sand mixture for the concrete would cause street damage. City Manager, Bill Eisen, stated there would be possible damage to the streets, but this would provide for a lower volume of trucks. Currently there is a steady stream of concrete trucks on the streets daily. The transport would be better with the batch plant. Councilmember Marcott asked if the loads for the gravel and sand mixture for the concrete would be daily. Drew Pelter, Shadow Creek Ranch, stated the gravel and sand mixture for the concrete would be transported daily. A brief discussion ensued among Council and Staff regarding the transport of materials. City Manager, Bill Eisen, stated a fewer volume of trucks would be servicing the batch plant. A higher volume of trucks would exist if they continue to utilize the cement trucks. Councilmember Owens stated having a batch plant would allow more control for Page 7 of 25 — 5/10/2004 scheduling the trucks delivering the gravel and sand mixture. It would provide a stockpile with more flexibility. Additional discussion ensued among Council and Staff regarding the damage to streets caused by the trucks. Drew Pelter, Shadow Creek Ranch, stated the water weighs 7.5 pounds per gallon and a typical dump truck holds double the weight of a truck bringing in the gravel and sand mixture. There is a considerable weight difference. The batch plant will be located off from the main road, but close enough to keep the impact from the interior streets. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2004-64 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE 2003 ANNUAL REPORT FOR TAX INCREMENT REINVESTMENT ZONE #2. Ms. Sue Darcy, Knudson & Associates. Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2004-64. City Manager, Bill Eisen, stated during the workshop earlier, a formal presentation was given regarding the annual report for Tax Increment Reinvestment Zone # 2, which is Shadow Creek Ranch. This item is the actual approval of the report given during the workshop. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. Mayor Reid, with concurrence of Council, moved back to the Consent Agenda. CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the April 26, 2004, Regular Council Meeting held at 7:30 p.m. Page 8 of 25 — 5/10/2004 B. CONSIDERATION AND POSSIBLE COUNCILMEMBER LARRY MARCOTT ON APRIL 26, 2004. City Council. ACTION — EXCUSE ABSENCE OF FROM THE REGULAR MEETING HELD C. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE OF SHADOW CREEK RANCH SF -20A. Mr. Doug Kneupper, City Engineer. D. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF SHADOW CREEK RANCH SF -20B. Mr. Doug Kneupper, City Engineer. E. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1165 — 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 DRAINAGE 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. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-72 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT REPORT FOR THE QUARTER ENDING MARCH 2004. Mr. Bill Eisen, City Manager. Councilmember Marcott asked that Consent Agenda Item A be removed from the Consent Agenda for further discussion. Councilmember Viktorin made the motion, seconded by Councilmember Owens, to adopt Consent Agenda Items A through F with the exception of Item A, as presented on the Consent Agenda. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. Page 9 of 25 — 5/10/2004 MATTERS REMOVED FROM CONSENT AGENDA Councilmember Marcott asked that Consent Agenda Item A be removed from the Consent Agenda for further discussion. Councilmember Viktorin made the motion,- seconded by Mayor Pro -Tem Tetens, to approve Consent Agenda Item A. Councilmember Marcott stated he would like to abstain from voting on this item because he was not present during previous discussions and had not had time to look at the item in detail. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, and Seeger. Voting "Abstain" Councilmember Marcott. Voting "No" None. Motion Passed 4 to 0, with 1 abstention. NEW BUSINESS COUNCIL ACTION — FIRST READING OF ORDINANCE NO. 509-712 — 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 0.310, BEING TRACT NO. 10 IN THE SANDOVAL SUBDIVISION, LOCATED IN THE WEST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 15, H.T & B.R.R. COMPANY SURVEY, ABSTRACT 241, BRAZORIA COUNTY, TEXAS (2823 MORENCI STREET) (APPLICATION NO. 1163) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF SANDRA F. MARTINEZ 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. COUNCIL ACTION — FIRST READING OF ORDINANCE NO. 509-713 — 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 GARDEN ACRES SUBDIVISION, LOT E, S/2, SECTION 3, ABSTRACT 219, Page 10 of 25 — 5/10/2004 H.T. & B.R.R. COMPANY SURVEY, BRAZORIA COUNTY, TEXAS (LOCATED AT 2535 THELMA STREET) (APPLICATION NO. 1164) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF ADMIRAL HOMES 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. COUNCIL ACTION — FIRST READING OF ORDINANCE NO. 509-714 — 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 0.99 ACRES, BEING THE EAST ONE-HALF OF A CALLED 1.988 ACRE TRACT OF LAND RECORDED IN FILE NUMBER 94-024593, OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY CLERK, BRAZORIA COUNTY, TEXAS, BEING A PART OF A 5.949 ACRE TRACT RECORDED IN VOLUME 1439, PAGE 851, DEED RECORDS, BRAZORIA COUNTY, TEXAS, OUT OF A 80 ACRE TRACT BEING THE NORTH ONE-HALF OF THE SOUTHEAST ONE-FOURTH OF SECTION 16, GEORGE C. SMITH SURVEY, ABSTRACT 546, BRAZORIA COUNTY, TEXAS (LOCATED AT 6201 TERRELL DRIVE) (APPLICATION NO. 1165) FROM CLASSIFICATION SUBURBAN. DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF ARTEMIO GARCIA OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to approve Ordinance No. 509-712, Ordinance No. 509-713, and Ordinance No. 509-714 on the first readings. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No's. 1163, 1164, and 1165. City Manager, Bill Eisen, stated that each of the three cases involves rezoning for construction of one single-family home. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. Page 11 of 25 — 5/10/2004 COUNCIL ACTION — FIRST READING OF ORDINANCE NO. 509-715 — 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 6, BLOCK 2, OF BUENA VIDA, A SUBDIVISION IN THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 240, BRAZORIA COUNTY, TEXAS (LOCATED ON THE SOUTH SIDE OF CANTU STREET, AND EAST OF WAGON TRAIL ROAD) (APPLICATION NO. 1162) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF MARIA R. GONZALEZ 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. 509-715 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 1162. City Attorney, Darrin Coker, stated this item was amended on the agenda due to incorrect zone change description. It originally read from Suburban Development District to Commercial District. The amendment was made and it now reads from Suburban Development to Single Family Dwelling District. The amended agenda does cover this change and Council can proceed with action on the item. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — FIRST READING OF ORDINANCE NO. 509-716 — 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 40 AND 41, BLOCK 37, PEARLAND TOWNSITE, BRAZORIA COUNTY, TEXAS (LOCATED AT 2218 N. PEARLAND AVENUE) (APPLICATION NO. 1166) FROM CLASSIFICATION MULTI -FAMILY DWELLING DISTRICT (MF) TO SINGLE FAMILY DWELLING DISTRICT (R-4) AT THE REQUEST OF CHARLES AGUIRRE, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; Page 12 of 25 — 5/10/2004 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. 509-716 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 1166. City Manager, Bill Eisen, stated this item would allow the construction of one single- family home on two existing lots. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — FIRST READING OF ORDINANCE NO. 509-717 — 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 A TRACT OF LAND CONTAINING 6,250 SQUARE FEET OF LAND KNOWN AS LOT 15, BLOCK F, OF PEARLAND TOWNSITE, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 29, PAGE 41, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (LOCATED AT 2120 GRAND BOULEVARD) (APPLICATION NO. 1167) FROM CLASSIFICATION GENERAL BUSINESS DISTRICT (GB) TO SINGLE FAMILY DWELLING DISTRICT (R- 4) AT THE REQUEST OF RICHARD GONZALEZ, 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. 509-717 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 1167. City Manager, Bill Eisen, stated this item is for the construction of one single family home. Page 13 of 25 — 5/10/2004 Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — FIRST READING OF ORDINANCE NO. 509-719 — 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 HICKORY CREEK PLACE, LOT 9, BLOCK 3, BRAZORIA COUNTY, TEXAS (LOCATED AT 2106 O'DAY ROAD) (APPLICATION NO. 1155) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF DON AND MARGARETTE CHASTEEN, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Viktorin made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-719 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 1155. City Manager, Bill Eisen, stated there is an existing office warehouse facility on the property and this would bring the property in conformance with the zoning ordinance in relation to uses on the property. Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin. Voting "No" Councilmember Tetens. Motion Passed 4 to 1 COUNCIL ACTION — FIRST READING OF ORDINANCE NO. 509-720 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 6.3601 ACRE TRACT OF LAND (CALLED 6.363 ACRES) OUT OF LOTS 49 AND 50 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION Page 14 of 25 — 5/10/2004 OF SECTION 85, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 304, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 2, PAGE 107, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (LOCATED AT 9809 BROADWAY STREET) (APPLICATION NO. 134) FROM CLASSIFICATION GENERAL BUSINESS DISTRICT (GB) TO GENERAL BUSINESS — SPECIFIC USE PERMIT (GB(S)) LIMITING. OF SPACE TO 2.412 ACRES AND THE CONSTRUCTION OF A SIX-FOOT MASONRY WALL AS A BUFFER AT THE REQUEST OF WC PROPERTIES — DAN CHEEK, AGENT FOR THE PETERSON GROUP, 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. 509-720 on its first reading with the stipulation the Specific Use Permit (GB(S)) for mini -warehouse uses limiting space to 2.412 acres and the installation of a minimum of five-foot (6) tall oleanders planted at five-foot (5') on -center intervals along the northern property line. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 134. City Manager, Bill Eisen, stated this case is in relation to the expansion of an existing mini -storage facility. The original application was for approximately a six -acre tract. The Planning & Zoning Commission is recommending only the rear 2.4 acres be rezoned to allow expansion of the storage facility. A six-foot masonry wall is recommended as a buffer. Executive Director of Community Services, Tobin Maples, stated the applicant went before the Zoning Board of Adjustments and received a variance for the live landscaping in lieu of the wall. The specific use permit would allow Council to include stipulations regarding the property. Councilmember Marcott asked if there were any citizen complaints received regarding the wall. Executive Director of Community Services, Tobin Maples, stated no public comment/opposition forms were received referencing the request. Discussion ensued among Council and Staff regarding the six-foot masonry wall and the live landscaping. Executive Director of Community Services, Tobin Maples, stated the Zoning Board of Adjustments is recommending a live landscaping in lieu of the masonry wall. This is the Page 15 of 25 — 5/10/2004 final stage of expansion for the applicant. The live landscaping will be extended towards the road. The landscaping would be uniformed across the entire development. Councilmember Marcott asked if Council could overturn the decision regarding the variance. City Attorney, Darrin Coker, stated the Zoning Board of Adjustments has issued the variance in order to allow the applicant the option to use live landscaping versus the masonry wall. Councilmember Marcott stated the masonry wall requirement needs to be taken out of the Ordinance. Dan Cheek, 16615 Sea Lark, addressed Council and stated a description of the buffer was submitted to the Plannin and Zoning Department. He stated he was out of town during the meeting of the 19 Someone did represent him during that meeting and spoke with Mr. Maples. He understood that the landscaping of oleanders would be satisfactory. He stated they have maintained the vacant field behind the property. If a brick wall is constructed, there is no reason for them to continue maintaining the vacant field. Mr. Cheek stated it would look a lot better for the neighborhood if the field is maintained and live landscaping was placed around the property. City Attorney, Darrin Coker, stated that if it is. required that a masonry wall must be constructed based upon the specific use permit, the Zoning Board of Adjustments would not be able to issue a variance. The Zoning Board of Adjustments does not have the authority to overturn a Council action. If there is a provision, it is his recommendation that it does not go before the Zoning Board of Adjustments. Deputy City Manager, Alan Mueller, stated if the landscaping is acceptable, then the Ordinance should be amended. Discussion ensued among Council and Staff regarding the wording of the Ordinance and the property. Dan Cheek, 16615 Sea Lark, stated they have maintained the property for four years. When the storage facility is expanded, they plan to continue maintaining the property. Councilmember Marcott stated he understood, but in the future it could get expensive and the applicant may choose not to continue maintaining the empty field. The property could also be sold in the future and the new owner may decide not to maintain the empty field. Discussion ensued among Council, Staff, and Mr. Cheeks regarding the ownership of _. the empty field. Sunrise Lakes owns the empty field. Page 16 of 25 — 5/10/2004 Councilmember Marcott stated if the empty field is owned by Sunrise Lakes, it is the Homeowners' Association responsibility to maintain it. Mayor Reid asked if the oleander trees would be planted 50 feet from the subdivision Dan Cheek, 16615 Sea Lark, stated the oleander trees would be planted 50 feet from the subdivision. Councilmember Owens stated the Planning & Zoning Commission voted to approve the Ordinance 5 to 0, on the contingency of limiting the space to 2.412 acres and construction of a six-foot masonry wall as a buffer. Dan Cheek, 16615 Sea Lark, stated there was a misunderstanding regarding the 2.412 acres. This acreage is only needed for the expansion of the facility. Discussion ensued among Council and Staff regarding the specifications of the Ordinance. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — FIRST READING OF ORDINANCE NO. 509-721 — 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, LOT 19, BLOCK 3, SKYWAY MANOR, ABSTRACT 241, H.T. & B.R.R. COMPANY SURVEY, BRAZORIA COUNTY, TEXAS (LOCATED AT 2951 MANVEL ROAD) (APPLICATION NO. 1140) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL (C) AT THE REQUEST OF M. JACKSON TABOR, AGENT FOR JOSE DAVID ROSA, 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. 509-721 on its first reading. Page 17 of 25 — 5/10/2004 Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 1140. Councilmember Marcott asked for the lot size requirements. Executive Director of Community Services, Tobin Maples, stated this property has received a variance. On April 1, 2004 a variance was granted regarding lot width. Mayor Pro -Tem Tetens stated he could not personally agree to the change. This circumvents the current Ordinance. The Ordinance needs to be amended. Councilmember Marcott stated several weeks ago Council did not allow this type of change on a property across the street from the currently discussed property. The zoning for that property was changed to Neighborhood Services. Discussion ensued among Council and Staff regarding the applicant's request for zoning change to commercial. The applicant prefers the commercial zoning and did not request the zoning approved by the Planning & Zoning Commission. Councilmember Viktorin asked if future zone change applications could be denied by the Planning & Zoning Commission, versus approving a zone change not requested by the applicant. Discussion ensued among Council and Staff regarding the applicant's request for zone change and the Zoning Board of Adjustments decision to allow a General Business zone change. Councilmember Owens asked for details on why the Zoning Board of Adjustments would allow this zone change, but the applicant would not be able to operate under the zone change. Planning Manager of Community Development, Lata Krishnarao, stated in the land use plan this area is shown for general business uses. Additional discussion ensued among Council and Staff regarding the zone change to General Business and it not allowing the current business to exist if that zone change is made. Deputy City Manager, Alan Mueller, stated in 1997 a request for commercial zoning was turned down by Council. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Tetens, to call the question. Page 18 of 25 — 5/10/2004 Voting "Aye" Councilmembers Marcott and Tetens. Voting "No" Councilmembers Viktorin, Owens, and Seeger. Motion Failed 3 to 2. City Attorney, Darrin Coker, stated Mayor Pro -Tem Tetens brought up a good point regarding making an ordinance change versus issuing variances on lot widths. He stated the Zoning Board of Adjustments is within the authority to grant those variances, but due to the lot sizes in that area, an ordinance change is recommended. Mayor Reid stated generally General Business zoning allows for adequate parking and movement of vehicles. It also allows some outside storage. This is why the width requirements are in place; it takes a bigger piece of property. Mayor Pro -Tem Tetens stated the current use of the property does not allow adequate parking or access space. Mayor Reid called for a vote on the original motion. Voting "Aye" Councilmembers Viktorin. Voting "Aye" Councilmembers Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Failed 4 to 1. COUNCIL ACTION — RESOLUTION NO. R2004-68 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION 49 SUPPLEMENT #6 FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM (BARRY ROSE ROAD PROJECT). Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Councilmember Owens, to approve Resolution No. R2004-68. City Manager, Bill Eisen, stated a workshop was previously held regarding Barry Rose Road improvements. A different alternative was presented to Council during the workshop detailing drain treatment in the area. It was determined that making modifications to the drainage could save approximately $1 million. Councilmember Marcott stated he was concerned in the beginning regarding the cost and he is satisfied with the $1 million savings. He stated he appreciates that this extra Page 19 of 25 — 5/10/2004 amount was found after several months into the project. The funds allotted for projects ^` need to be spent judiciously. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-70 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CHANGE ORDER ASSOCIATED WITH THE SHADOW CREEK RANCH SEWER PROJECT (PHASE II). Mr. Bill Eisen, City Manager. Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2004-70. City Manager, Bill Eisen, stated this is a sewer project in the Shadow Creek Ranch area. Under the terms of the development agreement the total cost for the sewer improvements will be $ 4,629,028.12. Councilmember Marcott asked for information that determines whether the quantities are more or less than what is expected. Project Director, Joe Wertz, stated a full-time inspector is present measuring the quantities. He stated it is not uncommon for the engineering estimate to not add up to the final cost. He stated during this particular construction a lot of water was hit, and a lot of drilling took place. Discussion ensued among Council and Staff regarding the construction, bidders, and estimated quantities. Councilmember Owens asked Project Director Joe Wertz to look at the quantities on the bids and to see if there is a variation between the amounts of the bird items. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-67 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CHANGE ORDER Page 20 of 25 — 5/10/2004 ASSOCIATED WITH THE REPLACEMENT OF THE ALICE STREET WATER PLANT GROUND STORAGE TANKS. Mr. Bill Eisen, City Manager. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2004-67. City Manager, Bill Eisen, stated this location will be one of the tank points from the City of Houston for water supply purposes in the future. It was requested that changes and modifications be made to the piping and tanks. Councilmember Marcott asked if the four -foot air gap is just additional capacity inside the tanks. Deputy City Manager, Alan Mueller, stated it is a gap between the inlet and the outlet pipes. It provides a buffer for backflow prevention. Mayor Reid stated this is in preparation for the future contract the City of Pearland will have with the Southeast Water Plant. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-66 — 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 DANNENBAUM ENGINEERING CORP. FOR FLOODPLAIN MAPPING SERVICES ASSOCIATED WITH THE CLEAR CREEK WATERSHED. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2004-66. City Manager, Bill Eisen, stated the Harris County Flood Control District is going through a process of re-evaluating the flood plain levels on all of the major bayous and creeks in Harris County. This is a continuation of that process along Clear Creek and will match the work being done in Harris County. The proposal is with Dannenbaum Engineering Corporation, which will result in the re-evaluation of flood plain levels and making needed modifications. Councilmember Marcott asked if Dannenbaum is also doing the services for Harris County. Page 21 of 25 — 5/10/2004 City Manager, Bill Eisen, stated Dannenbaum is also doing the services for Harris County. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-71 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION OF THE MCHARD ROAD SEWER IMPROVEMENTS. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2004-71. City Manager, Bill Eisen, stated this relates to the construction of a sanitary sewer line along the proposed McHard right-of-way connecting to Pearland Parkway and SH 35. Councilmember Marcott asked if the same contractor is being used on a previously discussed project. City Manager, Bill Eisen, stated the contractor has been used in other projects as well. Project Director, Joe Wertz, stated this contractor also won the bid for the Veterans lift station and work. He has done good work and is a good contractor. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-69 — 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 FREESE & NICHOLS, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE CONSTRUCTION OF THE DIXIE FARM ROAD DETENTION IMPROVEMENTS. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Councilmember Viktorin, to approve Resolution No. R2004-69. Page 22 of 25 — 5/10/2004 City Manager, Bill Eisen, stated in the early days of the design for the improvements to Dixie Farm Road, design of the detention facility was excluded until more was known about the amount of required detention. At this point, those determinations have been made. - Councilmember Marcott asked if the other two firms listed are subcontractors City Manager, Bill Eisen, stated they are subcontractors, but are listed separately. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-65 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR LANDSCAPE MAINTENANCE ASSOCIATED WITH RIGHT-OF-WAY IMPROVEMENTS LOCATED IN THE FM 518 AND SH 35 CORRIDORS. Mr. Darrin Coker, City Attorney. Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2004-65. City Manager, Bill Eisen, stated this is an agreement with the Texas Department of Transportation with the condition of the City placing certain entry levels and monuments on various TxDOT right-of-ways. The agreement provides that the City will provide the maintenance for the construction. Mayor Reid stated the funding for the two entrance monuments on SHwy 35 and FM 518 was earned by Keep Pearland Beautiful as the Governor's Award of $90,000.00. Monies left over on a previous project provided additional funding. James Birdsong, Keep Pearland Beautiful, addressed Council and stated the monument signs would be replicas of the entrance signs. He gave a brief description of the signs. He stated in order to enhance Pearland Parkway as best as possible, the expenditure is approximately $95,000.00. Mayor Reid stated there are other areas in Pearland that also need to be considered for signs in the future. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Page 23 of 25 — 5/10/2004 Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. 82004-75 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING THE CITY OF PEARLAND EMPLOYEE HANDBOOK. Mr. Darrin Coker, City Attorney. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2004-75. City Manager, Bill Eisen, stated the Employee Handbook and Policies have been changed due to changes in Federal and State Law. A lot of work from Director of Human Services, Mary Hickling, and City Attorney, Darrin Coker, was put into completing the handbook. Lawyers that specialize in employment have also reviewed the proposed document. Mayor Reid stated he read through the handbook and a good job was done. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:55 p.m. to discuss the following: NEW BUSINESS (CONTINUED): EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 — CONSULTATION WITH ATTORNEY: REGARDING LEGAL MATTERS ASSOCIATED WITH THE CITY'S EXTRA TERRITORIAL JURISDICTION. Mr. Darrin Coker, City Attorney. 2. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY: REGARDING POTENTIAL LITIGATION — ZONING. Mr. Darrin Coker, City Attorney. Page 24 of 25 — 5/10/2004 3. SECTION 551.087 — CONSULTATION WITH CITY ATTORNEY: REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:00 P.M. COUNCIL ACTION — REGARDING LEGAL MATTERS ASSOCIATED WITH THE CITY'S EXTRA TERRITORIAL JURISDICTION. Mr. Darrin Coker, City Attorney. No Council action taken. COUNCIL ACTION — REGARDING POTENTIAL LITIGATION — ZONING. Mr. Darrin Coker, City Attorney. No Council action taken. COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. Mr. Darrin Coker, City Attorney. No Council action taken. ADJOURNMENT Meeting was adjourned at 11:02 p.m. Minutes approved as submitted and/or corrected this the 24th day of May , A.D., 2004. Tom Reid Mayor ATTEST: Page 25 of 25 — 5/10/2004