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2004-06-14 CITY COUNCIL REGULAR MEETING MINUTESTING NCI THE CITY MINUTES OF A REGULAR MN JUNE O4, 2004CAT 7:30 UP ML IN HE COUNCIL PEARLAND, TEXAS, HELD O 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 Charles Viktorin Richard Tetens Woody Owens Larry Marcott Kevin Cole Bill Eisen Darrin Coker Young Lorfing Others in attendance: Deputy City Manager Alan Mueller, Executive Director of Community Services Tobin Maples; Marketing Manager of P.E.D.C. Will Benson; Police Chief J.C. Doyle; City Engineer Doug Kneupper; Public Liaison Lynn Munford; Director of Finance Andrea Gardner; Director of Human Resources Mary Hickling; Public Works Superintendent Cecil Bowery; EMS Director Jeff Sundseth, Purchasing Officer Gordon Island; Project Director Joe Wertz; and Planner 1 Theresa Grahmann. The invocation was given by Councilmember Cole and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported on May 23 — May 26 he attended the International Conference Shopping Center; May 26 he attended a Reception of Brazoria County Offices in Austin; May 27 he attended the Brazoria County Traffic Presentation; May 28 he attended the Transportation Policy Council Board of Directors Meeting, a Project Graduation Retreat, and met with Executive Director of Community Services Tobin Maples and citizens; June 2 he attended an Adult Reading Center Board of Directors Meeting and a Ribbon Cutting Ceremony for Chick-fil-A; June 3 he attended the Gulf Coast Exchange Club Recognition of Police Officers; June 4 he attended a Chamber Breakfast; June 5 he attended Jeffrey Elliott's Violin Recital; June 7 he attended an Agenda Meeting and Council Workshop; June 8 he met with a Citizens Group and the YMCA Youths regarding the Skate Park; June 9 he attended a Pearland Arts League Board Meeting; June 10 he attended a Bay Area Transportation Partnership Meeting, the viewing of Judy Perkin's husband, and the Shadow Creek Ranch Tour and Reception; June 11 he attended an Economic Alliance Bard Meeting. Mayor Reid and City Manager Bill Eisen presented the Government Finance Office Page 1 of 16 — 6/14/2004 Association Distinguished Budget Presentation Award to Andrea Gardner for the fiscal year beginning October 1, 2003. This is the 22nd award received by the City of Pearland. Andrea Gardner accepted the award on behalf of the City of Pearland's Finance Department. COUNCIL ACTIVITY REPORTS Mayor Pro -Tem Viktorin reported the Pearland Arts League had a second meeting regarding the event taking place in the Fall. He attended the Saint Helen's Bizarre. Councilmember Tetens reported he attended the Clear Creek Steering Committee meeting last Tuesday in Friendswood. Thursday he attended the Shadow Creek Ranch Open House. Councilmember Owens stated Councilmember Marcott will become the President of the Brazoria County Cities Association in the upcoming week. This organization meets once a month and is made up of Mayors, Councilmembers, and Directors within the County of Brazoria. Councilmember Marcott reported he attended the Shadow Creek Ranch Open House on Thursday and discussed the extension of FM518 into the community. Councilmember Cole reported he attended the Shadow Creek Ranch Open House on Thursday as well. He stated there is currently a sign -in book at Cod's Funeral Home for the passing of President Reagan. This book will later be sent to the Presidential Family. CITY MANAGER'S REPORT City Manager, Bill Eisen, reported that tonight's Council Meeting is the last meeting for Executive Director of Community Services Tobin Maples. The closing date for applications to fill the position was last Friday. Interviews will be conducted this month for the positions of Executive Director of Community Services and Parks and Recreation Director. CITIZENS Michael Klaus, 5016 Groveton, addressed Council and stated he attended the Clear Creek Steering Committee Meeting last week. He stated the flood maps showed there was more flooding along Mary's Creek then Clear Creek. Pearland is the third largest community along the watershed. Houston and Harris County is the biggest. This can make a big difference in the influence Pearland has on other communities. He stated Page 2 of 16 — 6/14/2004 that additional studies would only be repeating current studies regarding flood plain management and he has concerns regarding funding for the new proposed flood plain management document. He gave information regarding the current flood plain information already composed by the City. Jerrell Montgomery, 5202 Magnolia, addressed Council and stated he has concerns regarding flooding along Magnolia. He stated Southwestern Bell placed a major junction box along Magnolia Street. In order to get to the box a drive was placed in the area. A culvert was placed in addition to the drive in order to help in the flow of water. This culvert has not been sufficient. All culverts between the junction box have double culverts. The culvert for the junction box driveway is too small and causes water to back up on his property. He asked the City to contact Southwestern Bell in order to fix the problem. He further stated that the committee for the Southfork/Magnolia Roadway had some discussions regarding the purchase of additional right-of-way on the south side of Magnolia. He stated the south side of Magnolia has already given up right-of- way. Charles McMurrey, 5209 Spring Branch Drive, addressed Council and stated he read an article in the Houston Chronicle regarding the growth in Brazoria County. It stated the development of the evacuation route should take place along SH 36. He stated a bond election would take place in the upcoming year for Brazoria County. He asked Council to ask for help with the transportation and infrastructure needs of the City. Mayor Reid stated the Deputy City Manager Alan Mueller has been working on the proposed roadways to be submitted into the recommendation for support by the bond funds allocated by Brazoria County. The City is planning to submit this information to the County once completed. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the February 16, 2004, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the May 17, 2004, Public Hearing held at 6:30 p.m. 3. Minutes of the May 17, 2004, Public Hearing held at 6:30 p.m. 4. Minutes of the May 24, 2004, Special Meeting held at 6:00 p.m. 5. Minutes of the May 24, 2004, Regular Council Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-708 — 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 Page 3 of 16 — 6/14/2004 CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 63.2 ACRES, MORE OR LESS, BEING OUT OF W. ZYCHLINSKI'S SUBDIVISION OF SECTIONS 27 & 28 IN THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT — 551 FILED IN VOLUME 29, PAGE 9 BRAZORIA COUNTY DEED RECORDS AND THE H. STEVENS SURVEY, ABSTRACT — 594, PEARLAND, BRAZORIA COUNTY, TEXAS AND BEING OUT OF THOSE TRACTS DESCRIBED IN A DEED AS FILED IN OFFICIAL RECORDS OF REAL PROPERTY OF BRAZORIA COUNTY AT CLERK'S FILE NUMBER 99-040666 AND 02-028656 AND IN A DEED AS FILED IN OFFICIAL RECORDS OF REAL PROPERTY OF BRAZORIA COUNTY AT CLERK'S FILE NUMBER 02-037050 (GENERALLY LOCATED ON THE WEST SIDE OF FUTURE PEARLAND PARKWAY, AND NORTH OF INDUSTRIAL DRIVE) (APPLICATION NO. 1161) FROM CLASSIFICATION MULTI -FAMILY DISTRICT (MF) TO SINGLE FAMILY DWELLING DISTRICT (R-4) AT THE REQUEST OF THE CITY OF PEARLAND, 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 — RESOLUTION NO. R2004-88 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A DEPOSITORY AGREEMENT WITH PEARLAND STATE BANK AND FIRST COMMUNITY BANK FOR BANK DEPOSITORY SERVICES. Ms. Andrea Gardner, Director of Finance. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-92 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF FIBERGLASS BUILDINGS TO BE USED FOR THE STORAGE OF WATER TREATMENT MATERIALS. Mr. Bill Eisen, City Manager. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-93 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE SHARONDALE SEWER PROJECT. Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-86 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S ANNUAL FEDERAL SINGLE AUDIT REPORT AS PREPARED BY THE ACCOUNTING FIRM OF PATTILLO, BROWN AND HILL. Mr. Bill Eisen, City Manager. Page 4 of 16 — 6/14/2004 G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 AUTHORIZING THE ISSUANCE OF $2,040,000 WATERWORKS AND SEWER SYSTEM COMBINATION UNLIMITED TAX AND REVENUE BONDS, SERIES 2004. Mr. Darrin Coker, City Attorney. H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-87 — 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 CITY OF BAYTOWN FOR COOPERATION IN THE PURCHASE OF WATER METERS. Mr. Darrin Coker, City Attorney. MATTERS REMOVED FROM CONSENT AGENDA Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Consent Agenda Items A through H as presented on the Consent Agenda. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS COUNCIL ACTION — RESOLUTION NO. R2004-97 — A RESOLUTION RECOGNIZING THE SERVICES AND CONTRIBUTIONS OF KLAUS SEEGER. Mayor Reid. Passed with no Council action taken. FIRST READING OF ORDINANCE NO. 509-722 — 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 2.70 ACRES OF LAND, AND 2.194 ACRES OF LAND, BEING A PART OF LOT 7 OF THE ALLISON RICHEY GULF COAST HOME COMPANY'S SUBURBAN GARDENS SUBDIVISION OF SECTION 21, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 309, BRAZORIA COUNTY, TEXAS ACCORDING TO THE PLAT AS RECORDED IN VOLUME 2, PAGES 23 AND 24, PLAT RECORDS, BRAZORIA COUNTY, TEXAS, (GENERALLY LOCATED ON THE Page 5 of 16 — 6/14/2004 SOUTH SIDE OF FM 518, AND EAST OF OWER LANE) (APPLICATION NO. 1173) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF CHARLES KENNEDY, J., TRUSTEE FOR MAI NGUYEN 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 Viktorin, to approve Ordinance No. 509-722 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 1173. City Manager Bill Eisen stated the property is located on the south side of Broadway. The applicant wants to construct a retail center at the site. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-723 — 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 1.913 ACRES OUT OF THE W.D.0 HALL LEAGUE, ABSTRACT 70, BRAZORIA COUNTY, TEXAS, AND BEING PART OF TRACT ONE OF THE PARTITION OF THE YOST ESTATE, 120.44 ACRES AS RECORDED IN VOLUME 6, PAGE 142, PLAT RECORDS BRAZORIA COUNTY, TEXAS; AND 1.9355 ACRES OF LAND OUT OF THE W.D.C. HALL LEAGUE, ABSTRACT 70, BRAZORIA COUNTY, TEXAS, AND BEING PART OF TRACT TWO OF THE PARTITION OF THE YOST ESTATE, 120.44 ACRES AS RECORDED IN VOLUME 6, PAGE 142, PLAT RECORDS BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED AT THE NORTHWEST CORNER OF FM 518 AND HAMM ROAD) (APPLICATION NO. 1172) FROM CLASSIFICATION NEIGHBORHOOD SERVICE DISTRICT (NS) TO PLANNED UNIT DEVELOPMENT (PUD) AT THE REQUEST OF JIM MCGREGOR, AIA, FOR R. ELLIS MANAGEMENT GROUP, LLC OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Page 6 of 16 — 6/14/2004 Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Marcott, to approve Ordinance No. 509-723 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 1172. City Manager Bill Eisen stated the applicant wants to use the property for the current use, which is an existing dental office. The second use would be a proposed medical office building and professional office type building. Councilmember Marcott asked if the vote from Council will entail the voting recommendations by the Planning & Zoning Commission. City Attorney Darrin Coker stated the actual Planned Unit Development document is what Council is currently considering, unless Council wishes to deviate from the Planned Unit Development document. Councilmember Marcott asked for clarification on how to include the recommendations by the Planning & Zoning Commission. He asked if the current Ordinance contains the information regarding the masonry wall. City Attorney Darrin Coker stated the current Ordinance contains the specifications regarding the masonry wall. Discussion ensued among Council and Staff regarding the masonry fence. Planning Manager of Community Development Lata Krishnarao stated the applicant has agreed to place the six foot high masonry along the northern part of the property. The Oleanders would only be a substitute for the portion along the rest of the property. One more change was made to the Planned Unit Development document submitted. The applicant submitted a letter requesting not to be responsible for any landscaping or placement of sidewalks once FM518 has been widened by the State. Those improvements should be part of the States proposal for widening FM518. The parking lot for the property would be discontinued at that time and a new parking lot should be constructed. Discussion ensued among Council and Staff regarding the landscaping responsibility once FM518 has been widened. Planning Manager Lata Krishnarao stated this is a condition that could be placed within the Planned Unit Development document. Discussion ensued among Council and Staff regarding the proposed widening of Page 7 of 16 — 6/14/2004 FM518. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-724 — 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 1 AND 2, BLOCK 4, OF COLONIAL ESTATES, A SUBDIVISION IN SECTION 14, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 509, IN BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN VOLUME 9, PAGE 123, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (LOCATED AT 5230 COLONIAL DRIVE)(APPLICATION NO. 1171) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF TOMMY BARNI, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-724 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 1171. City Manager Bill Eisen stated the applicant has submitted the request in order to bring the property into conformance. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1168 — AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES Page 8 of 16 — 6/14/2004 (BELTWAY 8 AT SH 288); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. Mr. Alan Mueller, Deputy City Manager. FIRST READING OF ORDINANCE NO. 1159 — AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (BELTWAY 8 AT SH 288); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. Mr. Alan Mueller, Deputy City Manager. Councilmember Cole made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 1168 and 1169 on the first readings. City Manager, Bill Eisen, stated both Ordinances are annexations of properties within the area. These properties are part of an approved area for a planning development zone. A public hearing has been held for both annexations. This will be the first reading for both of the Ordinances. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1167 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING REGULATORY SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND NEAR THE INTERSECTION OF DIXIE FARM ROAD AND WILLOW LAKE DRIVE; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION, AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH TRAFFIC CIRCULATION CONTROL SIGNS INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Bill Eisen, City Manager. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1167 on its first and only reading amending the times to 6:30 a.m. to 8:30 a.m. and 4:30 p.m. to 6:30 p.m., exempting school buses. Page 9 of 16 — 6/14/2004 City Manager, Bill Eisen, stated residents of Willow Lake Estates Subdivision contacted the City a few months ago regarding some concerns they had regarding cut -through traffic within the neighborhood. The City completed a traffic study as a result of the inquiry and determined some recommendations for peak times throughout the day. Councilmember Cole asked if funding is available from the Homeowner's Association and if residents would be aware of the ticketing for entering and exiting the subdivision during the specified peak times. Councilmember Marcott stated he is aware of the problem because he lives near the location. He does have some concerns with some of the specified peak times. Deputy City Manager Alan Mueller stated a 24-hour account was taken. The times are based on the data that was collected. If times are amended, he recommends the times be discussed with the residents before the adoption of the Ordinance. Councilmember Marcott asked that school buses be exempt and the times be extended. Mayor Pro -Tem Viktorin asked for the length of time the survey took place. Deputy City Manager Alan Mueller stated the survey was conducted for one day. Discussion ensued among Council and Staff regarding amending the times to 6:30 a.m. to 8:30 a.m. and 4:30 p.m. to 6:30 p.m. Councilmember Viktorin recommended to adopt the Ordinance with the current specified times as determined by the traffic study. Changes, if needed, could be made at a later time. The times should be based on the current information. City Attorney Darrin Coker stated he agrees with Councilmember Viktorin. The City of Pearland currently has factual basis for the recommendation. To deviate from that basis could be used as arbitrary capricious. The amendment should be made only after further evaluation. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-98 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A LAND USE Page 10 of 16 — 6/14/2004 ASSUMPTIONS AND A CAPITAL IMPROVEMENTS PLAN FOR ROADWAY FACILITIES WITHIN THE CITY. Mr. Alan Mueller, Deputy City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Viktorin, to approve Resolution No. R2004-98. City Manager, Bill Eisen, stated this is part of a process to adopt Roadway Impact Fees. Councilmember Marcott stated he thinks it is important to pass this item in order to receive a new source of funding for roadways. Councilmember Owens asked if the fees pertain only to the new roadways. City Manager Bill Eisen stated Council specifically indicated they did not want to include the roadways that are part of the bond program approved in 2001. Deputy City Manager Alan Mueller stated the maps of the projects and the available roads are within the study. Discussion ensued among Council and Staff regarding the purchasing of right-of-ways by TxDOT in association with the impact fee. Councilmember Cole asked if the figures regarding the number of single-family residential units over a ten-year period are accurate. He also asked for clarification regarding the figures of future commercial sites in certain areas. Gary Mitchell of Wilbur Smith Associates stated these assumptions are from the water & wastewater assumptions, which the current wastewater fees are based. Those existing numbers have been allocated to the service areas for roadways. Both the water & wastewater and roadway assumptions will be reviewed at the same time in three years. This would be part of the required five-year update. Discussion ensued among Council and Staff regarding preliminary plats currently in existence with the City. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, and Marcott. Voting "No" Councilmember Cole. Motion Passed 4 to 1. COUNCIL ACTION — RESOLUTION NO. R2004-95 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SCHEDULING A PUBLIC HEARING ON IMPACT FEES FOR ROADWAY FACILITIES WITHIN THE CITY; DIRECTING THE Page 11 of 16 — 6/14/2004 CITY SECRETARY TO PUBLISH NOTICE OF SAID PUBLIC HEARING. Mr. Gary Mitchell, Wilbur Smith Associates. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2004-95. City Manager, Bill Eisen, stated now that the land use assumptions have been adopted, the next step would be to process the second Public Hearing. This Public Hearing would be specifically to take testimonials on the actual fees. The recommended date for the Public Hearing is July 19, 2004. Councilmember Owens asked that during the Public Hearing some examples regarding the costs for residential and commercial are available. Discussion ensued among Council and Staff regarding providing an Open House prior to the meeting time in order to provide examples to the public regarding the impact fees. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-94 — 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 KIRST KOSMOSKI, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE JOHN LIZER ROAD SEWER PROJECT. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2004-94. City Manager, Bill Eisen, stated this involves the design of a section of sewer pipe line as part of the overall Master Plan Council recently considered and approved. This is located on the section of sewer on the John Lizer Road to Pearland Parkway and SH 35. The proposed engineering firm is Kirst Kosmoski. Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Cole. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Viktorin absent from Council Chambers. Page 12 of 16 — 6/14/2004 COUNCIL ACTION — RESOLUTION NO. R2004-89 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RATIFYING AN EMERGENCY EXPENDITURE FOR REPAIRS TO THE OLD CITY HALL WATER WELL. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2004-89. City Manager, Bill Eisen, stated this item involves an agreement with O'Day Drilling Company to make certain improvements to the Old City Hall Water Well in the amount of $29,000. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-91 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE RENEWAL OF AN ENGINEERING CONTRACT WITH JOHN HARGROVE FOR ENGINEERING SERVICES. Mr. Alan Mueller, Deputy City Manager Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2004-91. City Manager, Bill Eisen, stated last year about the same time the City Engineer John Hargrove retired, the City entered into a contract with former City Engineer to continue to provide services. This item is requesting an additional one-year period. The number of hours per month will be consistent with recent hours. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-96 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE CULLEN BOULEVARD EXTENSION PROJECT. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Viktorin, to approve Resolution No. R2004-96. Page 13 of 16 — 6/14/2004 City Manager Bill Eisen stated this item is a construction contract for the extension of Cullen Boulevard. The low bid received was Hassle Construction Company. Outside funding in additional with City funding will be received from a developer benefiting from some of the drainage improvements associated with the project. The amount awarded is $3,675,184.50. Mayor Reid asked if the right-of-ways have been acquired for the project. City Attorney Darrin Coker stated all of the right-of-ways have been acquired for the project. Councilmember Marcott asked for clarification regarding the overage. Jim Keller discussed the areas being improved by the project. He stated there will also be some expenditure for the replacement of fences and asphalt. City Attorney Darrin Coker stated because there was two low bidders, a letter was sent out to the bidders giving them the opportunity to meet with a City representative in order to voice their opinion regarding the bidding. The bidders chose not to do so. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1170 — AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 OF 188.76 ACRES OF LAND. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 1170 on its first reading. City Manager Bill Eisen stated this item is for the annexation approval of approximately 189 acres to Municipal Utility District No. 28. Two major pieces of property involved in the annexation are both Planned Unit Developments. Councilmember Marcott asked if this included the discount. City Manager Bill Eisen stated all Municipal Utility Districts are created including that discount. Deputy City Manager stated the datasheet just shows the $0.15 impact, but the Page 14 of 16 — 6/14/2004 agreement requires the discount. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:17 p.m. to discuss the following: NEW BUSINESS (CONTINUED): EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.072 — CONSULTATION WITH ATTORNEY: REGARDING THE ACQUISITION OF LAND ASSOCIATED WITH RIGHT -OF -WAY. Mr. Bill Eisen, City Manager. 2. SECTION 551.074 — PERSONNEL MATTERS — REGARDING APPOINTMENTS TO THE DEVELOPMENT AUTHORITY OF PEARLAND. Mr. Bill Eisen, City Manager. 3. SECTION 551.072 — DELIBERATIONS ABOUT REAL PROPERTY: REGARDING THE LEASE OF PROPERTY FOR CITY FACILITIES. Mr. Bill Eisen, City Manager. 4. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY: REGARDING LITIGATION — ZONING. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:15 p.m. COUNCIL ACTION — REGARDING THE ACQUISITION OF LAND FOR RIGHT-OF- WAY. City Council. Councilmember Marcott made the motion, seconded by Councilmember Cole, to authorize Staff to proceed with the acquisition of right-of-way as discussed in the Executive Session. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Cole. Page 15 of 16 — 6/14/2004 Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — REGARDING APPOINTMENTS TO THE DEVELOPMENT AUTHORITY OF PEARLAND. City Council. No Council action taken. COUNCIL ACTION — REGARDING THE LEASE OF PROPERTY FOR CITY FACILITIES. City Council. No Council action taken. COUNCIL ACTION — REGARDING LITIGATION — ZONING. Mr. Darrin Coker, City Attorney. No Council action taken. ADJOURNMENT Meeting was adjourned at 11:16 p.m. Minutes approved as submitted and/or corrected this the 28th day of June , A.D., 2004. Tom Reid Mayor ATTEST: Page 16 of 16 — 6/14/2004