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2004-08-23 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 23, 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; Executive Director of Economic Development Corporation Fred Welch; Police Chief J.C. Doyle; City Engineer Doug Kneupper; Public Affairs Liaison Lynn Munford; Director of Finance Andrea Gardner; Parks & Recreation Director Rhonda Cyrus; Director of Human Resources and Safety Management Mary Hickling; Public Works Jerry Burns. 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 August 11 he attended a Pearland Arts League Board of Directors Meeting; August 12 he attended a News Briefing at Shadow Creek Ranch; August 13 he attended a Chamber Before Breakfast Meeting, Pearland Regional Hospital Board of Directors Meeting, and a Photo/New Release regarding the Mayor's Scholarship Awardee; August 15 he spoke at the India Festival 2004 Gathering recognizing the 57th Anniversary of India's Independence; August 16 he attended an Agenda Meeting, Council Workshop, and Public Hearing; August 17 he attended an HGAC Board of Directors Meeting and a Joint Council and Pearland Independent School District Workshop; August 18 he attended a Chamber Luncheon and introduced Congressman Tom DeLay and attended a Brazoria County Cities Association Monthly Meeting; August 19 he attended a Chamber Leadership Council Meeting, meeting with a developer regarding an office building, Gulf Coast Water Authority Board of Directors Meeting, and a SH 35 Corridor Study Meeting; August 22 he presented a proclamation to the new St. Helen's Catholic Church Facility; August 23 he attended a PEDC Board of Directors Meeting. Page 1 of 19 — 8/23/2004 COUNCIL ACTIVITY REPORTS Mayor Pro -Tem Viktorin passed. Councilmember Tetens announced the birth of his new granddaughter. Councilmember Owens passed. Councilmember Marcott passed. Councilmember Cole passed. CITY MANAGER'S REPORT City Manager Bill Eisen stated he is deferring his report for a later meeting. CITIZENS Michael Klaus, 5016 Groveton, addressed Council and stated last Friday some information was released regarding the Tropical Storm Allison Recovery Project. It pertains to the Clear Creek Watershed. He gave information regarding the 100 -year flood plain and the new increase due to the Tropical Storm Allison Recovery Project. He stated this information should be available to the City in order to put in process some rules regarding future development plans. He stated the area needs to get a handle on flooding and drainage. Charles McMurrey, 5209 Spring Branch Drive, addressed Council and stated he has some comments regarding the Road Impact Fee. He questioned the representation of Councilmembers who are supporting the developers. He stated no consequences were discussed during the Workshop regarding what will happen if there is no Road Impact Fee. He stated there are several road projects that need to be completed. He stated without a Road Impact Fee, the citizens of Pearland would be responsible for the road improvements. He gave some additional comments regarding free enterprise and the purpose of government. DOCKETED PUBLIC HEARING: None 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 August 9, 2004, Special Council Meeting held at 6:00 p.m. 3. Minutes of the August 9, 2004, Regular Council Meeting held at 7:30 p.m. 4. Minutes of the August 16, 2004, Special Council Meeting held at 7:30 p.m. Page 2 of 19 — 8/23/2004 B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. Page 3 of 19 — 8/23/2004 E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-137 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CERTIFYING COMPLIANCE WITH CHAPTER 395 OF THE LOCAL GOVERNMENT CODE AS IT APPLIES TO WATER AND SEWER IMPACT FEES. Mr. Bill Eisen, City Manager. Councilmember Owens asked that Consent Agenda Item F be removed from the Consent Agenda for further discussion. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Viktorin, to adopt Consent Agenda Items A through G with the exception of item F, as presented on the Consent Agenda. Voting " Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-137 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CERTIFYING COMPLIANCE WITH CHAPTER 395 OF THE LOCAL GOVERNMENT CODE AS IT APPLIES TO WATER AND SEWER IMPACT FEES. Mr. Bill Eisen, City Manager. Councilmember Tetens made the motion, seconded by Councilmember Marcott, to approve Resolution No. R2004-137. City Manager Bill Eisen stated this is an annual requirement as related the Water and Sewer Impact Fee currently in place. Page 4 of 19 — 8/23/2004 Councilmember Owens stated he just wanted to clarify that this item is not approving the Impact Fee. City Manager Bill Eisen stated this is only approving the current fees in place. Deputy City Manager Alan Mueller stated this resolution is stating that the City is administering the current Water and Sewer Impact Fee Plan appropriately. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Motion Passed 5 to 0. NEW BUSINESS COUNCIL ACTION — REMOVE FROM TABLE ORDINANCE NO. 509-728. City Council. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Viktorin, to remove Ordinance No. 509-728 from the table. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. 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, 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 Owens made the motion, seconded by Councilmember Marcott, to Page 5 of 19 — 8/23/2004 approve Ordinance No. 509-728 on its first reading Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny Application No. 1181. City Manager Bill Eisen stated this item was on a previous Council Meeting Agenda for consideration. After the recommendation from the Planning & Zoning Commission, the issue was discussed and the matter tabled to allow Staff to visit further with the applicant. Executive Director of Community Services Nick Finan stated during the meeting with the applicant they discussed the current land use plan for the property. He stated the applicant understood the current land use plan, but still wanted to be able to build an additional residential dwelling on the property. He stated there was discussion regarding the roadwork and drainage for the property if rezoned residential. Councilmember Marcott stated he appreciated Staff meeting with the applicant and his family. He did not think they fully understood the land use plan for the area. Mayor Pro -Tem Viktorin stated the City has often seen where commercial comes in and infringes on residential. This is one situation where just the opposite occurs and he cannot support the request due to current planned commercial development. Discussion ensued among Council and Staff regarding Planning & Zoning and having capabilities to change the Comprehensive Plan in the future. Councilmember Owens stated this is a hard thing to do because the family has owned this property for over 70 years. They are wanting to bring their family members back to build their homes on the property and this poses a problem now for that family. Councilmember Marcott stated he thinks that is why it was important for the applicant to meet with Staff to discuss the matter further. Executive Director of Community Services Nick Finan stated that during the discussion Staff had some questions regarding whether the family would have the means to complete roadwork and drainage for the property, if the property was rezoned. They were also concerned about the family living there with a commercial environment surrounding them. Voting "Aye" Owens. Voting "No" Councilmembers Tetens Viktorin, Marcott, and Cole. Motion Failed 4 to 1. Page 6 of 19 — 8/23/2004 COUNCIL ACTION — RESOLUTION NO. 2004-140 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SCHEDULING A PUBLIC HEARING TO CONSIDER THE LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN FOR DESIGNATED SERVICE AREAS AS IT APPLIES TO THE POSSIBLE ADOPTION OF IMPACT FEES FOR ROADWAY FACILITIES WITHIN THE CITY; DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF SAID PUBLIC HEARING. Mr. Alan Mueller, Deputy City Manager. This item was passed with no Council action. FIRST READING OF ORDINANCE NO. 1177 — AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004, AND ENDING SEPTEMBER 30, 2005. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 1177 on its first reading. City Manager Bill Eisen stated there was a Public Hearing held earlier this evening regarding the budget. Councilmember Owens stated he would like to see some information regarding Employee Benefits prior to the second reading of the Ordinance. He asked for additional information regarding Homestead Exemption. City Manager Bill Eisen stated this information would be available for Council. Voting "Aye" Councilmember Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1178 — AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 2004, AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 1178 on its first reading. City Manager Bill Eisen stated this item would adopt a tax ' rate, which would fund the budget just adopted at a propose tax rate of $.694755/$100. Page 7 of 19 — 8/23/2004 Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. 2004-139 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING TRAFFIC CALMING OPTIONS FOR THE SHADYCREST SUBDIVISION AND DIRECTING STAFF TO OBTAIN A PROPOSAL FOR ENGINEERING SERVICES. Mr. Alan Mueller, Deputy City Manager. Councilmember Cole made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2004-139. City Manager Bill Eisen stated this is an issue that has been under consideration for some time. This would represent the residents in the Shadycrest Subdivision looking at possible traffic calming devices prior to the realigning of Yost Road. He stated surveys were sent out to residents of that area and a third were returned. Seventy-five percent of the surveys returned were in favor of the plan. Councilmember Tetens stated this also includes parts of Creek View, which are East Circle and West Circle. Misty Yarneau, 3705 Longherridge Drive, addressed Council and stated she is the President of the Shadycrest Homeowners' Association. She stated the residents have been before Council over the past two years regarding the different traffic problems in the neighborhood. Over the past two years, the residents have worked with the City to show present information regarding the existing traffic problem. She stated during the recent Neighbors Night Out, with the police in full attendance, someone sped through the neighborhood and an officer went after the driver. He stated the police have been really responsive in the neighborhood. She asked for Council to now move forward with the next step. She gave additional comments regarding the best option for the community, option number eight. Linda Cowles, 3412 Shadycrest, addressed Council and stated she is the Secretary of the Shadycrest Homeowners' Association. She stated she is in favor of the comments Ms. Yarneau stated. She stated the traffic survey showed that in April of last year, 85% of the traffic on Shadycrest was traveling at a speed of 41 mph. This is 11 miles over the speed limit. The last traffic count on the streets of East Circle, West Circle, and Shadybend showed that over a 24-hour period over 6200 cars traveled those streets. Carol Basco, 3416 Shadycrest, addressed Council and stated she concurs with Ms. Yarneau and Ms. Cowles. Page 8 of 19 — 8/23/2004 Helen Nguyen, 3404 Shadycrest, addressed Council and stated her family has just moved to the Shadycrest area from Boston. She stated the traffic is a problem and if nothing is done, her family will have to think about moving. Curtis Basco, 3416 Shadycrest, addressed Council and stated he concurs with Ms. Yarneau. Don Sederdahl, 3418 Shadycrest, addressed Council and stated traffic has been a problem and he thinks they have a simple solution now to the problem, and it is time for closure. Pam Sederdahl, 3418 Shadycrest, addressed Council and stated she concurs with all the previous statements. Carol Basco, 3416 Shadycrest, addressed Council and stated she concurs with the previous statements. Pattie Courtin, 2001 East Mary's Creek, addressed Council and stated she concurs with the previous statements. John Wade, 3405 Shadycrest, addressed Council and stated his family agrees with the residents' previous statements. Helen White, 3404 Shadycrest, addressed Council and stated she concurs with the previous statements. Shirley Hannes, 3907 Shadycrest, addressed Council and stated she concurs with the previous statements. David Provenzan, 2007 Deep Brook, addressed Council and stated he concurs with the previous statements. Margot Morris, 2103 Lake Edge Drive, addressed Council and stated she wanted to echo and reinforce what was previously stated. She moved to Pearland four years ago. She stated prior to her move to Pearland, she lived in Houston inside Loop 610. She stated she did not move to Pearland to drive around in traffic or have her residence located in traffic. She had that experience in Houston. She stated during her daily walks she sees some of the behaviors of the drivers. She asked Council to support their efforts in making the traffic better for the community. Mayor Pro -Tem Viktorin thanked the residents for their assistance in finding a solution for the traffic problems in Shadycrest. Councilmember Owens stated the traffic is a concern and he thinks the solution will be one of the better things done for the community. He asked Staff to monitor the Page 9 of 19 — 8/23/2004 community once the traffic calming devices are put into place. He stated this is not going to be the only location if this works for this community. This needs to be reviewed for future information. Deputy City Manager stated approximately six months after Yost Road is completed, another survey would be done in the area. A brief discussion ensued among Council and Staff regarding possible future traffic solutions on collector streets of major thoroughfares. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-138 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUSPENDING THE PROPOSED WATER UTILITY RATE INCREASE PROPOSED BY WALKER WATER WORKS, INC. (WATER CCN NO. 11862). Mr. Bill Eisen, City Manager. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2004-138. City Manager Bill Eisen stated this item relates to a private water company that has approximately 60 customers in the city limits. Council has received correspondence from the City Attorney regarding the public reaction and concern of a possible rate increase. Council has the option to suspend the raise pending further review. City Attorney Darrin Coker gave information regarding the attorney for Walker Water Works. This item would allow the suspension of the increase for 90 days allotting time for a Public Hearing. Additional information will be provided to Council prior to the Public Hearing. Councilmember Marcott asked if there is a single Certificate of Convenience and Necessity for this. City Attorney Darrin Coker stated there is only a single Certificate of Convenience and Necessity with the City. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. Page 10 of 19 — 8/23/2004 FIRST AND ONLY READING OF ORDINANCE NO. 1179 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DESIGNATING A SCHOOL CROSSING ZONE UPON KIRBY DRIVE PURSUANT TO ITS POLICE POWER AND SECTION 542.202 OF THE TEXAS TRANSPORTATION CODE, PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO DESIGNATE SCHOOL CROSSING ZONES 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 Owens made the motion, seconded by Councilmember Cole, to approve Ordinance No. 1179 on its first and only reading. City Manager Bill Eisen stated this is regarding a school zone in Alvin Independent School District. Staff has had the opportunity to visit with the Staff of Alvin Independent School District since this is one of the first schools in Pearland within that school district. A good working relationship has been established and possibly, in the future, items of this nature can be handled in advance to the starting of school. Councilmember Owens asked if the Alvin School District has it owns police unit. Police Chief J.C. Doyle stated the Alvin School District does have its own police unit; however, most likely both Pearland and Alvin would patrol the school. He will be meeting with their Chief of Police on Wednesday morning. Councilmember Marcott asked if representatives of the City could set-up a meeting with the Alvin School District to possibly have a joint meeting. City Manager Bill Eisen stated this has been suggested by other Councilmembers as well and he will contact the Superintendent for further information. Councilmember Cole stated this item is actually the result of a problem with a child crossing the street during the start of school. There was not a school zone present in that area and it was a concern. He thanked the City Manager and Staff for handling the situation as soon as possible with the draft of the Ordinance, placing of signs, and a patrol set-up. Director of Public Works Jerry Burns stated Alvin Independent School District Police Department usually handles the signage for the schools located in that district. There was some miscommunication regarding who would actually handle the matter and it caused this problem. Page 11 of 19 — 8/23/2004 Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. 2004-136 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID ASSOCIATED WITH CONSTRUCTION OF THE CORRIGAN AREA DETENTION POND IMPROVEMENTS AND APPROVING CHANGE ORDER NO. 1 FOR A REDUCTION OF THE SCOPE OF SERVICES AND COSTS ASSOCIATED WITH THE PROJECT. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2004-136. City Manager Bill Eisen stated this item was previously on a Council Agenda where the construction of the improvements was awarded. Since then, some changes have been made to the original bids. This item is a proposed change order for the reduction of approximately $209,000. Projects Director Joe Wertz stated Turner, Collie, and Braden has worked with the bidder regarding this item. Councilmember Marcott asked for clarification regarding the cost associated with the pumps. Jim Keller of Turner, Collie and Braden representative stated the cost regarding the pumps increased due to the increase of the cost of steel. Councilmember Marcott asked if there is a delivery problem with the pumps. Jim Keller of Turner, Collie and Braden representative stated there is no delivery problem with the pumps. A brief discussion ensued among Council and Jim Keller regarding the costs associated with the project, the specific pumps chosen for the project, and the company chosen for construction services for the project. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. Page 12 of 19 — 8/23/2004 r Mayor Reid, with concurrence of Council, moved to New Business Item No. 15. COUNCIL ACTION — RESOLUTION NO. R2004-141 — RESOLUTION EXPRESSING THE CITY'S INTEREST IN PARTICIPATING IN A PROPOSED FORTY-FOUR (44) BED HOSPITAL PROJECT IN PEARLAND, TEXAS AND RESOLVING OTHER MATTERS RELATING THERETO. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2004-141. City Manager Bill Eisen stated this item relates to the Non-profit Hospital Corporation. In 2002, Council passed a resolution establishing certain parameters regarding funding. The financial advisor working with the hospital has requested that the City pass a new resolution expressing the City's interest in the project. This item is a compromise between the City and the hospital's financial advisor. Michael Klaus, 5016 Groveton, addressed Council and stated after looking at this item, there are a couple matters of concern. He stated the first matter is if this is going to be done for this particular organization, what happens when another organization comes in and request the same. He asked if the City would grant them the same opportunity. If the City would grant the same opportunity, then the City needs to state "any non-profit organization" within the resolution. He stated the language within the resolution needs to read differently. He gave additional comments regarding the small size of the hospital and possible additional costs to the citizens of Pearland because of this size. All the facts need to be addressed. Mayor Reid stated the building for the hospital can room additional beds; however at the time it is starting with forty-four. He stated it would be beneficial to see at least sixty-five beds when starting. Councilmember Owens stated the current program for the hospital has been put together based on the forty-four beds. He stated the operating room would be big enough to cover additional bedding. He stated this is one of the largest economic development projects being done in the City of Pearland. Approximately 275 jobs in the City of Pearland will be generated because of the hospital. He stated people are already interested in the location and job openings associated with the hospital. He thinks this is a positive step for the City. A brief discussion ensued among Council regarding the service area of the hospital. Councilmember Cole asked if Council moves forward with this and the hospital has financing, what is the time frame for the hospital to be constructed and operational. Councilmember Marcott stated three -years ago there was a ground breaking for the hospital and it was thought to be up and operational by now. This did not happen and Page 13 of 19 — 8/23/2004 we are still at this point. He stated he had reservations from the start of the project and voted against the resolution in December when it first came before Council. He stated he does not have strong comfort regarding the hospital. He thinks Council should be aware of more regarding the hospital. He stated this bothers him and suspects the resolution will pass. He stated some additional items are needed in the resolution in order to clarify the City's position with the hospital project. He also thinks the City Manager, as the designee, is needed in the resolution. City Attorney Darrin Coker explained the documents to Council that would be before them regarding any decisions made in support of the hospital. He stated there would be two types of documents, legal and financial term documents. Councilmember Viktorin stated he has serious reservations regarding the business plan. He stated neither the doctors nor management company associated with this hospital will have stake in the venture. He gave some additional information regarding the contract. Additional discussion ensued among Council and Staff regarding the proposed resolution and the liability issue of the City of Pearland. Voting "Aye" Councilmembers Tetens, Owens, and Cole. Voting "No" Councilmembers Viktorin and Marcott. Motion Passed 3 to 2. Mayor Reid, with concurrence of Council, moved back to the New Business Item No. 9. COUNCIL ACTION — RESOLUTION NO. R2004-133 — 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 FLOOD MAPPING SERVICES ASSOCIATED WITH PORTIONS OF THE MARY'S CREEK WATERSHED. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Councilmember Cole, to approve Resolution No. R2004-133. City Manager Bill Eisen stated this item came up briefly during the Public Hearing regarding the budget. It relates to engineering services being provided by Dannenbaum Engineering Corporation in order to map certain regions of Mary's Creek. This will help in the City's drainage improvement project. This is the second contract with Dannenbaum Engineering Corporation. The first contract detailed studies completed on Clear Creek. Page 14 of 19 — 8/23/2004 City Engineer Doug Kneupper stated the Flood Control District has analyzed and remapped Clear Creek only in the Harris County area. This data can be used and applied to the Brazoria County side. This second contract with Dannenbaum will cover the area of Mary's Creek. Councilmember Owens asked if this would include the Corrigan Area. City Engineer Doug Kneupper stated it would include the Corrigan Area. Michael Klaus, 5016 Groveton, addressed Council and gave some information regarding the flood plain increase for the areas of Harris County. He asked Council to not move forward with big changes until all the studies are completed and adopted. He asked Council to take a look at all the streams in the Pearland area. Councilmember Marcott asked for the channel improvement between the railroad and SH 35. City Engineer Doug Kneupper stated the profile shows a hump for that area and this channeling would be used to remove the hump. Discussion ensued among Council and Staff regarding the improvements and future drainage plans. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-135 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 4 ASSOCIATED WITH THE CONSTRUCTION OF TRAFFIC IMPROVEMENTS AT THE INTERSECTION OF PEARLAND PARKWAY AND FM 518. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Mayor Pro -Tem Viktorin, to table Resolution No. R2004-135 pending further discussion. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-134 — A RESOLUTION OF THE CITY Page 15 of 19 — 8/23/2004 COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING HEALTH AND DENTAL INSURANCE RENEWAL RATES. Ms. Mary Hickling, Director of Human Resources, Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2004-134. Councilmember Cole stated two years ago he was named as agent of record for the health insurance policy of the City and needs to abstain from any discussion or vote on this item. City Manager Bill Eisen stated this is the renewal of two contracts for the employee dental plan and health insurance program. These renewals show the new rates and he recommends approval. Councilmember Owens asked for clarification regarding employee coverage. City Manager Bill Eisen explained the numbers showing the total number of employees covered and those employees who have family coverage as well. He stated the total number is based on the number of subscribers at the time this information processed. Discussion ensued among Council and Staff regarding the current employees with health coverage and family members. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, and Marcott. Voting "Abstain" Councilmember Cole. Voting "No" None. Motion Passed 4 to 0, with 1 abstention. COUNCIL ACTION — RESOLUTION NO. R2004-132 — 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 FORT BEND COUNTY FOR MUTUAL AID ASSISTANCE. Mr. Jeff Sundseth, Director of Emergency Medical Services. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2004-132. City Manager Bill Eisen stated this item assistance between Pearland Emergency Emergency Medical Services. is an Interlocal Agreement for mutual aid Medical Services and Fort Bend County Page 16 of 19 — 8/23/2004 Emergency Medical Services Director Jeff Sundseth stated he has had discussions with the Fort Bend County Emergency Medical Director regarding the development out on the west side of Pearland and into Fort Bend County. They decided there needs to be an agreement between the two services regarding assistance rendered. Discussion ensued among Council and Staff regarding Emergency Medical Service Station locations. Emergency Medical Services Director Jeff Sundseth this generally covers the area of Shadow Creek Ranch into Fort Bend County. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1176 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF A MONUMENT SIGN INTO THE CITY'S RIGHT-OF-WAY AT THE INTERSECTION OF MISTY CREEK LANE AND PEARLAND PARKWAY. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 1176 on its first reading. City Manager Bill Eisen stated this is a monument sign that will be in the median of Pearland Parkway in the City's right-of-way. Councilmember Marcott asked if this monument would obstruct the view of traffic. Bob Atwood, 19918 Sun Dance Drive, addressed Council and gave details regarding the set back of the monument. Discussion ensued among Council, Staff, and Mr. Atwood regarding the sign possibly obstructing the view of traffic. It was determined that an assessment, regarding future traffic control, needs to be considered prior to the second reading of the Ordinance. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. Page 17 of 19 — 8/23/2004 COUNCIL ACTION — REGARDING THE SELECTION OF A MEMBER TO SERVE ON THE OLD TOWNSITE CONSULTANT SELECTION COMMITTEE. Mr. Nick Finan, Executive Director of Community Services. Councilmember Marcott made the motion, seconded by Councilmember Owens, to approve Councilmembers Marcott and Cole as selected members to serve on the Old Townsite Consultant Selection Committee. City Manager Bill Eisen stated, earlier this year, Staff took statements of qualifications from firms that were interested in the analysis of the Old Townsite. Due to the number of responses, five formal proposals were chosen. This item would select additional members for the committee in order to choose the final proposal from the five firms selected. 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 10:24 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.072 — CONSULTATION WITH ATTORNEY: REGARDING THE ACQUISITION OF LAND ASSOCIATED WITH RIGHT—OF WAY— OILER DRIVE AND DIXIE FARM ROAD. Mr. Bill Eisen, City Manager. 2. SECTION 551.074 — PERSONNEL MATTERS — REGARDING AN APPOINTMENT TO THE PLANNING AND ZONING COMMISSION. Mr. Bill Eisen, City Manager. 3. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING UTILITIES. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:30 p.m. r COUNCIL ACTION - REGARDING :THE ACQUISITION OF LAND FOR RIGHT-OF- WAY - OILER DRIVE AND DIXIE FARM ROAD. City Council. Page, 18 of 19 - 8/23/2004 No Council action taken. COUNCIL ACTION — REGARDING AN APPOINTMENT TO THE PLANNING AND ZONING COMMISSION. City Council. Councilmember Tetens made the motion, seconded by Councilmember Cole, to appoint Joe McWhorter to Position No. 3 and Pete Dumont to Position No. 5 to serve on the Planning & Zoning Commission, with both terms expiring November 2006. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. CONSIDERATION AND POSSIBLE ACTION — REGARDING UTILITIES. City Council. No Council action taken. ADJOURNMENT Meeting was adjourned at 11:34 p.m. Minutes approved as submitted and/or corrected this the 13th day of September , A.D., 2004. qui � Tom Reid Mayor ATTEST: Page 19 of 19 — 8/23/2004