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2004-08-09 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 9, 2004, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The meeting was called to order with the following present: . Mayor Mayor Pro -Tem Councilmember Councilmember 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 Nick Finan; Police Chief J.C. Doyle; Fire Chief Paul Jamison; City Engineer Doug Kneupper; Public Liaison Lynn Munford; Director of Finance Andrea Gardner; Parks & Recreation Director Rhonda Cyrus; Public Works Jerry Burns; Fire Marshal Steve Chapman; EMS Director Jeff Sundseth; Purchasing Officer Gordon Island; Project Director Joe Wertz; Assistant Police Chief Johnny Spires; Planning Manager of Community Development Lata Krishnarao; and Planner 1 Theresa Grahmann. The invocation was given by Councilmember Kevin Cole and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported on July 27 he attended a Ribbon Cutting Ceremony for Texas Honing, Inc. and an Organizing Meeting for the Local Government Authority; July 28 he attended a meeting with Brazoria County Drainage District No. 4; July 29 he attended a Banquet Honoring Houston Mayor White; July 30 he met with the Pearland Hospital Board; July 31 he attended the Neighborhood Knights of Columbus Golf Tournament & Dinner and an Eagle Scout Court of Honor for Craig Larsen; August 1 he attended a Neighborhood Center Masked Ball Reception; August 2 he attended an Agenda Meeting, a meeting with a Developer, and a Council Workshop; August 3 he attended a National Night Out visiting neighborhoods in Pearland, August 4 he attended a meeting with a local citizen; August 5 he attended a meeting with an interested Developer, took a photo with Commissioner Jack Harris displaying the new Senior Bus, and interviewed with Dr. Gill of the Houston Chronicle; August 6 he spoke at the New PTSD Teachers Reception; August 6 — 7 he attended TML —14 Quarterly Meeting in Moody Gardens. Mayor Reid introduced David Steadman, President of the Alliance for Brazoria County. Page 1 of 20 — 8/9/2004 President of the Alliance for Brazoria County David Steadman stated he appreciates the opportunity to come and visit with Council and Staff. He gave some brief comments regarding a play called "Our Town." He stated the play demonstrates the connectivity of life and how we all are connected. Mr. Steadman stated we all are dependent on one another throughout the county. He appreciates the great working relationship established with Brazoria County, the Pearland Economic Development Corporation, and the Pearland Chamber of Commerce. He stated he has been working at the state level to show the different things that are taking place in Brazoria County. He stated on a national level a trip to Washington was taken. He took the time to visit with all the members of the National Delegation. Mr. Steadman stated Congressman Tom DeLay was very generous with his time. He also met with others for lunch. He visited with the Department of Commerce and the Department of Agriculture. He gave some comments regarding the Alliance becoming part of the team with the Greater Houston Partnership. Mr. Steadman encouraged everyone to get involved with fundraising to help provide marketing dollars to get the message out on the mobility issue. He stated eight of the twenty-two projects that were approved by the mobility steering committee directly affect Pearland. Those projects include Bailey Road from SH 288 to SH 35, FM 518 from SH 288 to CR 48, CR 403 from SH 288 to FM 865, CR 48 from Northern City Limits to Hwy 6, CR 58 from CR 48 to SH 288, Dixie Farm Road from FM 518 to SH 35, Frontage Roads on SH 288 from FM 518 to McHard Road, and the widening of SH 288 from the Harris County Line to Hwy 6. He stated all of these projects mean a great deal to the City of Pearland and Brazoria County. Mr. Steadman gave some additional comments regarding the much needed evacuation route. He briefly gave comments regarding Economic Development. He stated the Alliance is currently working towards a project that will bring approximately three-hundred jobs into the Alvin area. He stated other projects are currently active in Manvel. He stated the Alliance is currently looking to bring Biotechnology and Nariotechnology into Brazoria County. He saluted Pearland's efforts in restoring Downtown Pearland and renovating areas within Pearland. City Manager Bill Eisen stated this was a dynamic approach brought by Mr. Steadman. COUNCIL ACTIVITY REPORTS Passed. CITY MANAGER'S REPORT City Manager Bill Eisen introduced Rhonda Cyrus the new Parks and Recreation Director. He also introduced Nick Finan the new Executive Director of Community Services. CITIZENS Page 2 of 20 — 8/9/2004 r - Michael Klaus, 5016 Groveton, addressed Council and stated over the past four to five weeks he has attended meetings regarding the Clear Creek Project. He stated during those meetings the Corps of Engineers has been discussed. He stated he is disheartened to hear people say that there is not going to be a project and the Corps is going to back out because the project is complicated. He stated this concerns him. He thinks the City can do things to protect the .citizens now. He gave some suggestions regarding drainage. He gave additional comments regarding improving Pearland's transportation projects. DOCKETED PUBLIC HEARING: None Mayor Reid, with concurrence of Council, moved to New Business Item No. 8. FIRST AND ONLY READING OF ORDINANCE NO. 1174 — AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF PEARLAND, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2004; PRESCRIBING THE TERMS AND FORM THEREOF; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL THEREOF AND INTEREST THEREON; AWARDING THE SALE THEREOF; AUTHORIZING THE PREPARATION AND DISTRIBUTION OF AN OFFICIAL STATEMENT TO BE USED IN CONNECTION WITH THE SALE OF THE CERTIFICATES; [AUTHORIZING THE PURCHASE OF BOND INSURANCE;] MAKING OTHER PROVISIONS REGARDING SUCH CERTIFICATES, INCLUDING USE OF THE PROCEEDS THEREOF, AND MATTERS INCIDENT THERETO; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Cole, to approve Ordinance No. 1174 on its first and only reading. City Manager Bill Eisen stated during a past meeting, Council authorized the advertising for the issuance of $21 million in Certificates of Obligations. That advertising process has been completed. The opportunity for petition by the citizens has passed and Council at this point can move forward with the sale. Frank Ildebrando of RBC Dain Rauscher gave a report regarding past bond sales. He stated interest rates have made a good move for the direction of the City. He reviewed the bids received and reported bidders placed bids. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. Mayor Reid, with concurrence of Council, moved back to the Consent Agenda. Page 3 of 20 — 8/9/2004 CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the July 19, 2004,. Public Hearing held at 6:30 p.m. 2. Minutes of the July 19, 2004, Special Council Meeting held at 7:30 p.m. 3. Minutes of the July 26, 2004, Regular Council Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE OF AUTUMN LAKE SECTION THREE. Mr. Doug Kneupper, City Engineer. C. CONSIDERATION AND POSSIBLE ACTION — EXCUSE ABSENCE OF COUNCILMEMBER RICHARD TETENS FROM THE REGULAR COUNCIL MEETING HELD ON JULY 26, 2004. City Council. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-128 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING MEETING DATES TO CONSIDER THE PROPOSED FISCAL YEAR 2004-2005 ANNUAL CITY BUDGET AND SETTING A PUBLIC HEARING FOR THE SAME. Ms. Andrea Gardner, Director of Finance. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-130 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING CERTIFICATION OF THE 2004 APPRAISAL ROLL AS PREPARED BY THE BRAZORIA COUNTY APPRAISAL DISTRICT. Ms. Andrea Gardner, Director of Finance. F. CONSIDERATION AND POSSIBLE ACTION — VOLUNTARY ANNEXATION PETITION — PEARLAND INVESTMENTS .859 ACRES. Mr. Alan Mueller, Deputy City Manager. G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-131 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING BRAZORIA COUNTY TAX ASSESSOR -COLLECTOR (RO'VIN GARRETT) TO CALCULATE AND PUBLISH THE EFFECTIVE TAX RATE AND ROLLBACK TAX RATE FOR 2004. Ms. Andrea Gardner, Director of Finance. Councilmember Tetens made the motion, seconded by Councilmember Owens, to adopt Consent Agenda Items A through G as presented on the Consent Agenda. Voting " Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Page 4 of 20 — 8/9/2004 Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA None NEW BUSINESS FIRST READING OF ORDINANCE NO. 509-727 — 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 STERLING ESTATES SECTION II, LOT 2-A, ABSTRACT 721, 0.879 ACRES OF LAND SITUATED IN THE J. W. MAXEY SURVEY, BRAZORIA COUNTY, TEXAS (LOCATED AT 9122 W. STERLING DRIVE) (APPLICATION NO. 1180) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF DANIEL AND PATRICIA WOLFE, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Ms. Lata Krishnarao, Planning Manager. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-727 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 1180. City Manager Bill Eisen stated the applicant submitted the request in order to make some additions to an existing single-family home. In order to obtain the building permits, the property must be zoned accordingly for single-family use. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-728 — 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 7.00 ACRES OF LAND SITUATED IN LOT 4 OF THE. ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 85, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 304, Page 5 of 20 — 8/9/2004 BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGE 107 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (LOCATED ON THE EAST SIDE OF SMITH RANCH ROAD, AND SOUTH OF COUNTY ROAD 403 (HUGHES RANCH ROAD) (APPLICATION NO. 1181) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY. DWELLING DISTRICT (R-1) AT THE REQUEST OF MARION FISHER AND EUGENE L. FISHER, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Ms. Lata Krishnarao, Planning Manager. Councilmember Marcott made the motion, seconded by Councilmember Owens, to table Ordinance No. 509-728 on its first reading for further discussion with the applicant. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny Application No. 1181. City Manager Bill Eisen stated the negative recommendation from the Planning & Zoning Commission will require a three-quarters vote from City Council to overturn and approve the application. Eugene Fisher, 12819 Seacrest, addressed Council and stated his family has lived on this land for over seventy years. He stated he and his family would like to stay there, and it is part of the older community of Pearland. City Attorney Darrin Coker stated he met with the applicant and several members of the family after the Public Hearing was conducted. He stated the existing uses of the property are grandfathered as nonconforming uses and can continue as such. They could not get a building permit to build a new residence without the zoning of residential. Councilmember Owens asked if the applicant is looking to build additional homes on the property. Eugene Fisher, 12819 Seacrest, addressed Council and stated he plans to build a home on the property, his niece, and three nephews as well. He stated this land has been in the family for a long time. He stated he has retired and wants to move his family out of the City of Houston back to the property. He stated the living conditions are better in Pearland. City Attorney Darrin Coker stated because of the Comprehensive Plan all the future development in that area will be the type of development the applicant is trying to avoid. Business Park development is proposed for that area. Councilmember Marcott stated there is M-1 zoning directly above the applicant's property, which is industrial property. Page 6 of 20 — 8/9/2004 Mr. Eugene Fisher gave some additional comments regarding the property. Councilmember Cole asked for clarification regarding legal ramifications if Council decides to zone the property as residential. City Attorney Darrin Coker stated Council will run into a problem called spot zoning. Discussion ensued among Council, Staff, and the applicant regarding the current residents present in that area. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-729 — 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 12, 13, 14, AND 15, IN BLOCK 2, OF COLONIAL ESTATES SUBDIVISION, AN ADDITION 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 3610 MCLEAN ROAD) (SPECIFIC USE PERMIT APPLICATION NO. 132) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-1) TO SINGLE FAMILY DWELLING DISTRICT — SPECIFIC USE (R -1(S)), FOR A DAY CARE, AT THE REQUEST OF LISA DIESE, APPLICANT FOR PRAVIN B. PATEL AND JAGDISH PATEL, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Ms. Lata Krishnarao, Planning Manager. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-729 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny Specific Use Permit Application No. 132. City Manager Bill Eisen stated the intended use of the Specific Use Permit is for the operation of a day-care center. He stated the motion to deny by the Planning & Zoning Commission would require a three-quarters vote by Council in order to overturn and approve the application. Page 7 of 20 — 8/9/2004 Voting "Aye" Councilmember Tetens. Voting "No" Councilmembers Owen, Viktorin, Marcott, and Cole. Motion Failed 4 to 1. FIRST READING OF ORDINANCE NO. 509-730 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING THE NORTH 9.9226 ACRES OF LOT 30 (CALLED NORTH ONE-HALF OF LOT 30) OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 21 OF THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 309, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2, PAGE 23 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (LOCATED ON THE WEST SIDE OF COUNTY ROAD 89 (OLD CHOCOLATE BAYOU ROAD), AND NORTH OF FITE ROAD) (APPLICATION NO. 1179) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF MICHAEL POLLOK, APPLICANT FOR E.R. MILSTEAD, 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. Ms. Lata Krishnarao, Planning Manager. Councilmember Cole made the motion, seconded by Councilmember Marcott, to approve Ordinance No. 509-730 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 1179. City Manager Bill Eisen stated this property is located along the future extension of Cullen Boulevard for which the construction contract was awarded within the last month. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-731 – 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 2.389 ACRES OF LAND, OUT OF Page 8 of 20 – 8/9/2004 LOT 59, OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF THE H.T. & B.R.R. COMPANY SURVEY NO. 20 (F.B. DRAKE), ABSTRACT 506, BRAZORIA COUNTY, TEXAS (LOCATED ON THE WEST SIDE OF CULLEN BOULEVARD, AND NORTH OF FM 518 (BROADWAY STREET)) (APPLICATION NO. 1178) FROM CLASSIFICATION GENERAL BUSINESS DISTRICT (GB) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF JUNG KWAK, 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. Ms. Lata Krishnarao, Planning Manager. Councilmember Tetens made the motion, seconded by Councilmember Marcott, to approve Ordinance No. 509-731 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny Application No. 1178. City Manager Bill Eisen stated based upon the motion to deny by the Planning & Zoning Commission, it would take a three-quarters vote by Council to overturn and approve. Voting "Aye" None. Voting "No" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Motion Failed 5 to 0. FIRST READING OF ORDINANCE NO. 509-732 — 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 10.0360 ACRE TRACT OF LAND BEING LOT 59 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION 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 (GENERALLY LOCATED NORTH OF FM 518, AND ON THE WEST SIDE OF HOOKS ROAD) (APPLICATION NO. 1175) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO PLANNED UNIT DEVELOPMENT (PUD) AT THE REQUEST OF HAMILTON HOMES, APPLICANT FOR JEFF AND GRACE LEE, 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. Ms. Lata Krishnarao, Planning Manager. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Tetens, to table Page 9 of 20 — 8/9/2004 Ordinance No. 509-732 on its first reading for further discussions Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 1175 subject to the condition that the construction access to Hooks Road from FM 518 be built prior to issuance of any permits and the emergency access gate at Sun Shade Court be built prior to any construction. City Manager Bill Eisen stated the Planning & Zoning Commission placed these two conditions on the applicant. He stated the applicants do not object to the emergency access gate; however, they do have some concerns regarding the other condition regarding construction access to Hooks Road. Mayor Reid stated on the Staff Review and Comments there were approximately thirteen comments listed. He asked if those comments have been accommodated. Planning Manager of Community Development Lata Krishnarao stated most of the comments have been answered. The major issues remaining are access during and after construction. She stated there are also six minor corriments that need addressing, which can be handled prior to the second and final reading of the Ordinance. City Attorney Darrin Coker stated the applicant is questioning whether or not the Planning & Zoning Commission has the authority to place such a condition within the Planned Unit Development Document. He stated he explained to the applicant the reasoning the Planning & Zoning Commission had this authority. He stated he does; however, think it is up to City Council to determine whether or not it is reasonable to impose such a requirement in the Planned Unit Development. He briefly explained the access route currently planned by the applicant. Councilmember Tetens stated he is very opposed to the proposed subdivision based on the fact that it is a Planned Unit Development, and the set back on the front and rear of the residences are sizes not allowed. This would be taking a step backwards in approving this subdivision with the current restrictions and density. Councilmember Marcott stated he is concerned about the sewer line being placed down the middle of the street in the subdivision. He stated he has a problem with the pipeline as well. He stated he has some additional concerns regarding the cost of the homes in the subdivision. Councilmember Viktorin asked if Council votes to approve this, would it include the stipulations of the Planning & Zoning Commission. City Attorney Darrin Coker stated the Planning & Zoning Commission stated they would approve it with the two conditions attached. He stated if the developer only agrees to one of the conditions, then that means the Planning & Zoning Commission has essentially denied the application. Page 10 of 20 — 8/9/2004 Councilmember Viktorin stated the information Council is currently voting on is vague. City Attorney Darrin Coker stated if Council votes on the application with the two conditions from the Planning & Zoning Commission, then it would only require a simple majority from Council. If Council votes on the application with only one of those conditions, then it would require a super majority vote. A brief discussion ensued among Council and Staff regarding access roads. Councilmember Marcott asked if dirt would be brought into the subdivision to raise it. Jay Carr of Hamilton Homes stated they do not know at this time. Councilmember Marcott stated the developer most likely would bring dirt in requiring a lot of dump trucks, which are not accounted for in the current document. Jay Carr of Hamilton Homes stated there will be dirt excavation from the digging of the retention area and the road itself. Councilmember Cole stated he understood the need for larger lot development in the community. He stated the community also has a need for smaller developments. He stated he likes the Planned Unit Development Document and what the developer is trying to accomplish. He stated the people that will be buying the property will be well aware of the lot sizes and pipeline in the area. He stated he supports the Planned Unit Development Document and would like to see if the stipulation could be clarified. City Attorney Darrin Coker stated the stipulation requires some type of construction road in order to get the trucks in and out. Jay Carr of Hamilton Homes stated there have been several changes to the document. The changes brought the density down for the subdivision. He stated the lot widths and depth have been increased. He gave some information regarding a current court case that prohibits any construction changes to be made to the South 15 acres, while the court case is in session. City Attorney Darrin Coker stated the Court Order details a road easement that already exists. The court order would prevent the City from operating in its own right-of-way. Jay Carr of Hamilton Homes gave additional information regarding the type of homes that will be constructed on the property and the concept of the developer. Councilmember Marcott asked if the pipeline would run through property owned by the homebuyers. Page 11 of 20 — 8/9/2004 Jay Carr of Hamilton Homes stated the pipeline easement runs through property that will be owned by the homebuyers; however, it does not run through any permanent construction that will be on the line. Councilmember Tetens asked for details regarding the green space per lot. Jay Carr of Hamilton Homes stated the percentage of green space per lot is approximately 3100 square feet per lot. Discussion ensued among Council and Mr. Carr regarding the roadways in the development and lack of sidewalks for green space. Councilmember Tetens asked for details regarding the impervious coverage areas of the lots with the additional size increase. Jay Carr of Hamilton Homes stated the impervious coverage percentage dropped down to approximately 54%. Councilmember Cole asked if the easement belongs to the City. Deputy City Manager Alan Muller gave clarification regarding the right-of—ways and access roads. Additional discussion ensued among Council and Mr. Carr regarding the access roads and future home purchases. Voting "Aye" Councilmembers Owens, Viktorin, Marcott, and Cole. Voting "No" Tetens. Motion Passed 4 to 1. COUNCIL ACTION — RESOLUTION NO. R2004-123 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE CORRIGAN AREA DETENTION POND. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2004-123. City Manager Bill Eisen stated bids have been received for modifications to the Corrigan Detention Pond. This is phase two of the improvements. The bids received were substantially higher than earlier projected. As a result of this, Turner, Collie and Braden began discussions and negotiations with the low bidder seeking to find ways to reduce the overall bid. Turner, Collie and Braden was successful in doing so, reducing the Page 12 of 20 — 8/9/2004 overall price approximately $400,000. The negotiations required design changes. He asked Council to reject the previous bids and seek bids based upon the modified plans in order to move forward with construction as quickly as possible. City Attorney Darrin.Coker stated due to a portion of the project being redesigned, this placed the bidders in a competitive disadvantage when negotiations took place with low bidder. The fair playing field that existed during the bid submittal no longer existed. It is his recommendation that all the bids be rejected in order to make it an equal and fair playing field with the new design. Councilmember Marcott asked for clarification on how the City reached this point. He stated time has been lost and money has been spent. He thinks someone should take accountability for what has been done. Delays took place due to legal problems. Councilmember Cole asked for clarification regarding the time of the negotiations and the design changes. Jim Keller of Turner, Collie and Braden stated discussion regarding decreasing construction costs took place with the low bidder. Discussion ensued among Council and Mr. Keller regarding the changes made to specifications for the project. Jim Keller of Turner, Collie and Braden stated the attempt was to bring the project within budget. Now there is a process to follow due to the negotiations and redesign. He stated Turner, Collie and Braden acted in good faith to try to save the taxpayers of Pearland a sizeable amount of money. Councilmember Marcott stated he is concerned about what took place and how the City will be held liable. There should be no expense to the City. Councilmember Cole gave additional comments regarding the procedures after the bids were taken. He stated time was lost due to this and the project is now delayed. He asked if Staff was aware of the negotiations and changes. He stated these issues should have been brought to the attention of Council. He would have understood the negotiations if the project was already awarded to the bidder; however, that is not what took place. Deputy City Manager Alan Mueller stated this has been done in previous cases and the concept is not new. He stated the more they got into this particular project, the more it became a gray area because of substantial redesigning. He stated it took time for all the information to come together and get to this point. It is better to have this slight delay instead of possibly having a longer delay due to possible litigations if it is not done correctly. Page 13 of 20 — 8/9/2004 City Manager Bill Eisen stated at the time bids were received for this project, the City was awaiting approval from Brazoria Drainage District No. 4 regarding the design. A brief discussion ensued among Council and Staff regarding the low bidder not being available for a time period, advertising the bid prior to approval by Brazoria Drainage District No. 4, and the items changed in the project. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Tetens, to call the question. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for a vote on the original motion. Voting "Aye" None. Voting "No" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Motion Failed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-127 — 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 CONTRACT LAND STAFF, INC. FOR RIGHT-OF-WAY ACQUISITION SERVICES ASSOCIATED WITH THE KIRBY DRIVE EXTENSION PROJECT. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Councilmember Cole, to approve Resolution No. R2004-127. City Manager Bill Eisen stated the Kirby Drive Extension Project is now requiring right- of-way. This contract with Contract Land Staff will be for the services associated with acquiring right-of-way for the project. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-126 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY Page 14 of 20 — 8/9/2004 MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH C. L. DAVIS & COMPANY FOR SURVEYING SERVICES ASSOCIATED WITH THE FM 518 (WEST) ROAD WIDENING PROJECT. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2004-126. City Manager Bill Eisen stated this item relates to the widening of FM 518 West of SH 288. On the Thoroughfare Plan this road is shown as a six -lane road. The process of contacting property owners in the area took place to see if there was any interest in the dedication of right-of-way. There is interest in dedicating right-of-way. This contract would allow surveying services to take place on the properties that are interested in the dedication of right-of-way. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-124 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE PUBLIC WORKS SERVICE CENTER. Mr. Bill Eisen, City Manager. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2004-124. City Manager Bill Eisen stated this relates to some construction activity in the Public Works Service Center area. There were two separate items included in the current budget related to this. One was the expansion/addition of an existing building for equipment storage. The other was to add a masonry fagade on the vehicle repair facility, which fronts Old Alvin Road. This item would allow the beginning of this process. It will be necessary on the masonry fagade to begin the project this year and complete it next year when there is some additional funding in the proposed budget. Councilmember Owens asked if the City has anything that shows a bid document for this project. Public Works Director Jerry Burns stated there is a set of plans for the project. He provided information regarding the existing building, the fagade, and the design. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Page 15 of 20 — 8/9/2004 Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-125 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT REPORT FOR THE QUARTER ENDING JUNE 2004. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2004-125. City Manager Bill Eisen stated State Law requires that Council on a quarterly basis approve investments reported for the City. This item is the Investment Report for the quarter ending June 2004. He stated it does appear that things are getting better and all the investments in this report are in accordance with the City Congressional Policy. The report has been approved by the Investment Committee, which is made up of Staff personnel. Councilmember Viktorin asked for clarification of portfolio amounts listed in the report. City Manager Bill Eisen stated the portfolio amounts dropped due to large payments on a construction project currently taking place. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1173 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING CERTAIN SANITARY CONTROL EASEMENTS WITHIN THE CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 1173 on its first reading. City Manager Bill Eisen stated a Public Hearing was held last week regarding this issue. It involves some easement service protection areas in order to prevent certain activities around the wells. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens Page 16 of 20 — 8/9/2004 Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-129 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, PROPOSING TO INCREASE TAXES BY 5.66% ABOVE THE EFFECTIVE TAX RATE BASED ON A PROPOSED TAX RATE OF .696 PER $100 OF VALUATION AND SETTING A PUBLIC HEARING FOR AUGUST 19, 2004 AT 6:30 P.M. Ms. Andrea Gardner, Director of Finance. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2004-129. City Manager Bill Eisen stated last week during the discussion on the budget Staff reported the effective tax rate had been calculated. The percentage of increase for the tax rate is 3.18% rather than 5.66%. The rate of $69.4755/$100 can be achieved without going through the hearing process. He stated any surplus money from this could be placed in the contingency, which is included in the budget. Council now has the choice to advertise and proceed with the hearing process or accept the amended rate of $69.4755/$100. Discussion ensued among Council and Staff regarding the setting of Public Hearing dates. Voting "Aye" None. Voting "No" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Motion Failed 5 to 0. Mayor Reid, with concurrence of Council, moved back to Consent Agenda Item D. COUNCIL ACTION — RESOLUTION NO. R2004-128 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING MEETING DATES TO CONSIDER THE PROPOSED FISCAL YEAR 2004-2005 ANNUAL CITY BUDGET AND SETTING A PUBLIC HEARING FOR THE SAME. Ms. Andrea Gardner, Director of Finance. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Tetens to place Resolution No. R2004-128 back on the table. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Page 17 of 20 — 8/9/2004 Motion Passed 5 to 0. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2004-128, removing section two. A brief discussion ensued among Council and Staff regarding removing section two from the resolution and establishing meeting dates to consider the proposed fiscal year 2004-2005 annual City budget/proposed tax rate. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1175 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 10, FIRE PREVENTION AND PROTECTION, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND ARTICLE III, ENTITLED FIRE CODE; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Steve Chapman, Fire Marshal. Councilmember Cole made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 1175 on its first reading. City Manager Bill Eisen stated Council had a workshop on several new codes, in particular the Fire Code. This item would amend the current Fire Code. The Planning & Zoning Commission has considered code amendments and recommends Council to go forward with the amendments. He stated the amendment detailed this evening is regarding the fire code only. The other code issues will be brought to Council during future Council meetings, as those Ordinances are prepared. Councilmember Marcott asked for clarification regarding the off-loading of trucks and tires. Fire Marshal Steve Chapman stated there are several sections on tires within the amended fire code. There is a tire section with detailed information regarding location and storage. A brief discussion ensued among Council regarding the amendments to the Fire Code. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Page 18 of 20 — 8/9/2004 Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 10:00 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING PENDING LITIGATION — ZONING. Mr. Darrin Coker, City Attorney. 2. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING UTILITIES. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:34 p.m. COUNCIL ACTION — REGARDING PENDING LITIGATION — ZONING. Mr. Darrin Coker, City Attorney. No Council action taken. COUNCIL ACTION — REGARDING UTILITIES No Council action taken. ADJOURNMENT Meeting was adjourned at 11:35 p.m. Mr. Darrin Coker, City Attorney. Minutes approved as submitted and/or corrected this the 23�d day of August , A.D., 2004. Tom Reid Mayor Page 19 of 20 — 8/9/2004 ATTEST: • •• etary Page 20 of 20 — 8/9/2004