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2004-09-13 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON SEPTEMBER 13, 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 Tom Reid Mayor Pro -Tem Charles Viktorin Councilmember Richard Tetens Councilmember Woody Owens Councilmember Larry Marcott Councilmember Kevin Cole City Manager Bill Eisen City Attorney Darrin Coker City Secretary 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; Director of Finance Andrea Jason; Parks and Recreation Director Rhonda Cyrus; Director of Human Resources and Safety Management Mary Hickling; Public Works Director Jerry Burns; Assistant City Attorney Nghiem Doan; Fire Marshal Steve Chapman; Purchasing Officer Gordon Island; Water Production and Wastewater Treatment Superintendent Bobby Whisenant; Project Director Joe Wertz; Project Assistant Gene Simeon; Assistant Police Chief Johnny Spires; Project Manager Allen Hague; Administrative Analyst Chris Kidwell; Municipal Court Administrator Cheryl Garcia; Planning Manager of Community Development Lata Krishnarao; and Planner 1 Theresa Grahmann. The invocation was given by Council Cole and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported on August 30 he attended a meeting with Texas Department of Transportation and the Chamber of Commerce discussing Highway Signs; September 1 he presented a proclamation at the Salute to Industry Luncheon; September 2 he attended the United Way Luncheon for the City and spoke to 2nd Grade students at Carleston School; September 3 he presented the game ball to the referee at the Oilers Opening Game at Pearland High School; September 7 he attended a Council Agenda Meeting, visited the Corp of Engineers along with City of Friendswood and the Drainage Districts, and attended an Adult Reading Center Board Meeting; September 8 he attended the Pearland EDC Round Table and Cecil Bowery's Retirement Ceremony; September 9 he attended a Business Networking International Breakfast, a Ribbon Cutting Ceremony for SIXTA Attorneys and Coffee News, a Salute to Industry Wrap-up Page 1 of 20 — 9/13/2004 Meeting, and a YMCA Skate Park Meeting; September 10 he attended a Chamber Breakfast; September 13 he attended the Chamber of Commerce Golf Breakfast and Lunch, and a PISD Educational Improvement Committee Meeting. COUNCIL ACTIVITY REPORTS Mayor Pro -Tem Viktorin reported he attended a Region 14 meeting in Galveston. A briefing was given regarding the Water Plan for the entire region and an update regarding legislation affecting the City. Councilmember Tetens reported he met the Commandant of the Corps of Engineers with Mayor Reid and City Manager Bill Eisen on last Tuesday. He stated the two Drainage Districts made a very good presentation to the Commandant regarding the Clear Creek Project. Councilmember Owens passed. Councilmember Marcott reported he attended the PEDC Round Table. He stated this meeting helps businesses to get acquainted with PEDC. He also attended the Leadership Pearland Introduction of New Recruits. Councilmember Cole reported he attended the Salute to Industry Luncheon last week. The luncheon gave everyone a chance to see how the industries in Pearland operate. CITY MANAGER'S REPORT City Manager, Bill Eisen, reported a few weeks ago the City implemented some mandatory restrictions regarding outdoor watering. As a result of rainfall, consumption is down and restrictions will be lifted this week. He stated this year the restriction period was fairly short. Next year with the new construction of some additional water plants, the likelihood of restrictions should greatly diminished. He stated a new Colonel rotated in as head of the Corps of Engineers and this opportunity gave the City and Drainage Districts a chance to give information regarding the Clear Creek Project. He stated the Colonel responded by saying that the Corps is moving as quickly as possible with the amount of funding that is currently available. He indicated that it would be helpful to stress the project to elected officials in order to seek additional funding for the project. The City Manager gave some additional information regarding what causes water restrictions. He stated the restrictions are State requirements; once the City goes over 80% of water consumption over a certain time period, the restrictions are put in place. Page 2 of 20 — 9/13/2004 CITIZENS Michael Klaus, 5016 Groveton, addressed Council and stated he has contacted Memorial Hermann regarding the Hospital Project in Pearland. He stated the T-SARP information for Clear Creek is completed. He stated the T-SARP data should be adopted and used for drainage and flood control planning. He stated his concerns regarding citizens being able to evacuate in the event of an emergency. He stated his understanding of Corps of Engineers had a time delay regarding the Clear Creek Project because of the lack of manpower. He was not aware that the delay is due to funding. He stated maybe the City should take a look at what can be done locally. He asked for the status of the CRS Package. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the August 23, 2004, Public Hearing held at 6:00 p.m. 2. Minutes of the August 23, 2004, Regular Council Meeting held at 7:30 p.m. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. D. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE OF SHADOW CREEK RANCH SF -24B. Mr. Doug Kneupper, City Engineer. E. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE OF SHADOW CREEK RANCH SF -25. Mr. Doug Kneupper, City Engineer. F. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE OF SHADOW CREEK RANCH SF -29. Mr. Doug Kneupper, City Engineer. Page 3 of 20 — 9/13/2004 G. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE OF SHADOW CREEK RANCH SF -30. Mr. Doug Kneupper, City Engineer. I. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-150 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING AN AMENDED INVESTMENT POLICY IN ACCORDANCE WITH CHAPTER 2256 OF THE GOVERNMENT CODE ("PUBLIC FUNDS INVESTMENT ACT"). Mr. Bill Eisen, City Manager. J. CONSIDERATION AND POSSIBLE ACTION — RATIFICATION OF THE CITY MANAGER'S APPOINTMENT OF PATRICIA RIFFELS TO SERVE AS MUNICIPAL COURT ADMINISTRATOR. Mr. Nick Finan, Executive Director of Community Services. Councilmember Owens asked that Consent Agenda Items B and H be removed from the Consent Agenda for further discussion. Councilmember Tetens made the motion, seconded by Councilmember Owens, to adopt Consent Agenda Items A through J with the exception of items B and H, 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 Councilmember Owens asked that Consent Agenda Item B be removed from the Consent Agenda for further discussion. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. Bil/ Eisen, City Manager. Councilmember Tetens made the motion, seconded by Councilmember Marcott, to adopt Consent Agenda Item B, as presented on the Consent Agenda. Councilmember Owens stated he pulled this item for discussion because he thinks that Page 4 of 20 — 9/13/2004 �— at some point in time the benefit package for the City will need to be changed due to the additional employees being employed by the City. He stated the vacation benefits need some discussion. He also stated Homestead Exemptions need to be reviewed for citizens who live within Pearland. City Manager Bill Eisen stated a Council Workshop to discuss Homestead Exemptions and Senior Citizen exemptions could be set for further discussions. Councilmember Owens stated the Council should begin looking into this. He stated he does not think a freeze on the senior citizens' tax rates should take place, but maybe a possible reduction. Councilmember Cole stated he agrees with Councilmember Owens. He stated some type of exemption needs to take place for the citizens within Pearland. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. Councilmember Owens asked that Consent Agenda Item H be removed from the Consent Agenda for further discussion. H. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1080 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A NO PARKING ZONE WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON SCHLEIDER DRIVE IN A NORTHERLY DIRECTION FROM THE REGENCY PARK DITCH TO PLUM STREET, 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 "NO PARKING" ZONES INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Jerry Burns, Public Works Director. Councilmember Tetens made the motion, seconded by Councilmember Marcott, to adopt Consent Agenda Item H, as amended to add the time of enforcement to be Monday through Friday from 7:00 a.m. to 4:30 p.m. City Manager, Bill Eisen, stated this action comes from the request of the Transportation Director from the School District. There are some concerns regarding the school buses Page 5 of 20 — 9/13/2004 being able to get in and out of school area drives. Public Works Director Jerry Burns stated that currently in that area, there are two lanes going North and two lanes going South. In the northbound lane, parents are parking, leaving only one lane open for northward traffic. During school bus times, the traffic starts to back up in both lanes and it is hard for bus traffic to flow. The restriction would allow no parking in that area in order for the school buses to have access in and out of the school area. Councilmember Marcott asked for clarification regarding the time period that no parking in that area would be prohibited. Public Works Director Jerry Burns stated the prohibited parking time period is from 7:00 am — 5:00 pm. Councilmember Marcott stated there are certain events schools conduct and during those events parking areas are needed. Public Works Director Jerry Burns stated the times could be amended to adapt to the school hours. Councilmember Marcott stated he was just concerned about citizens being ticketed because of the time restriction. Councilmember Owens stated he is not sure if this will be beneficial. The same number of cars will need to travel in the school area regardless. He thinks it is going to be a difficult thing to do with the amount of traffic flowing in that area. He stated something should be done to channel the traffic. He asked that police are placed in the area when the parking restrictions began. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS FIRST READING OF ORDINANCE NO. 509-733 — 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 10.407 ACRES, OUT OF LOTS 44, 45, AND 49, W. ZYCHLINSKI SUBDIVISION, AS RECORDED IN VOLUME 29, Page 6 of 20 — 9/13/2004 -- PAGE 43, BRAZORIA COUNTY DEED RECORDS, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 232, AND R.B. LYLE SURVEY, ABSTRACT 542, PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED AT THE NORTHWEST CORNER OF STATE HIGHWAY 35 (MAIN STREET) AND HALIK ROAD) (APPLICATION NO. 1182) FROM CLASSIFICATION LIGHT INDUSTRIAL DISTRICT (M-1) TO PLANNED UNIT DEVELOPMENT (PUD) AT THE REQUEST OF KERRY R. GILBERT & ASSOCIATES, INC., APPLICANT FOR PAULUHN ELECTRIC MANUFACTURING LLP, 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 Owens made the motion, seconded by Councilmember Cole, to approve Ordinance No. 509-733 on its first reading, which is amended to add the items agreed to during the discussion. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 1182. City Manager, Bill Eisen, stated the Planning & Zoning Commission has recommended approval of the Ordinance with a series of conditions. The applicant has submitted a revision and takes into account all of the conditions except two. Executive Director of Community Services Nick Finan stated there are two items that were not address by the applicant. The first one being the required set -back. He stated the set -back would typically be 25 feet for this type of development. However, this is a Planned Unit Development and a different set -back could be establish. In the revision, the applicant stated that the size of the lot makes it difficult to have a set -back of 25 feet. He is requesting a 10 feet set -back. He stated at this time, Planning & Zoning did recommend the 25 feet set -back. He stated the second item is regarding the landscaping and its uniformity. Councilmember Tetens asked about clarification regarding the language within the Ordinance referring to any damage the structure may incur and the replacement of the structure. City Attorney Darrin Coker clarified the language by stating that if any damage occurs to the entire structure and it affects 50% or more of the structure, then certain reconstruction measures could be taken. The entire structure is covered. Councilmember Marcott asked for information regarding the historical marker. Randy Riley with Kerry Gilbert and Associates addressed Council and stated they have not made any provisions for moving or keeping the historical marker. He is not sure what the historical marker is for. Page 7 of 20 — 9/13/2004 Deputy City Manager Alan Mueller stated it is only a directional marker currently in the TxDOT right-of-way. Councilmember Marcott stated something needs to take place to ensure that the marker is maintained. He stated the sidewalks should be put in when SH 35 is constructed in the development. Discussion ensued among Council and Mr. Riley regarding the sidewalks and an escrow account for the placement of sidewalks. Executive Director of Community Development Nick Finan readdressed the two conditions that have not yet been met by the applicant. Randy Riley with Kerry Gilbert and Associates gave a brief presentation to Council and Staff regarding the reasoning for a set -back of 10 feet for the Planned Unit Development. Mayor Pro -Tem Viktorin stated that Council is currently getting into a lot of details surrounding Planned Unit Developments. The majority of those details should be handled prior to Council discussion. City Attorney Darrin Coker stated that a Planned Unit Development is designed to give the Planning & Zoning Commission the latitude to create certain restrictions within Planned Unit Developments. Then those restrictions and or conditions come before -- Council for determination. He stated Council has the option to except the conditions or vote on the original Planned Unit Development. Executive Director Nick Finan stated the developer may not agree to all the conditions placed on the Planned Unit Development, and that is when Council's authority and decision takes place. Councilmember Cole stated it looks like the developer is trying to keep everything in line according to the Planned Unit Development and allow enough space for commercial retail. Additional discussion ensued among Council, Staff, and Mr. Riley regarding the Planned Unit Development. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. Page 8 of 20 — 9/13/2004 FIRST READING OF ORDINANCE NO. 509-734 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING LOT 7, BLOCK 9, HICKORY CREEK PLACE, PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED ON THE EAST SIDE OF GARDEN ROAD, AND ON THE SOUTH SIDE OF MARSHA LANE) (APPLICATION NO. 1183) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO OFFICE AND PROFESSIONAL DISTRICT (OP) AT THE REQUEST OF RICHARD GONZALEZ, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Ms. Lata Krishnarao, Planning Manager. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Cole, to approve Ordinance No. 509-734 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 1183. City Manager, Bill Eisen, stated the original application filed by the property owner was for GB Zoning, but the property does not have adequate street clearance to meet the requirements of GB Zoning. In discussions with the Planning & Zoning Commission, it is determined that the OP Zoning is recommended for the property. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-735 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 6.7430 ACRES, OUT OF A 39.3673 ACRE TRACT, AS RECORDED IN FILE NO. 98-044746, AS RECORDED IN THE OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS, AND ALSO BEING OUT OF LOT 32, ALLISON RICHEY GULF COAST HOME COMPANY'S PART OF SUBURBAN GARDENS, SECTION 19, AS RECORDED IN VOLUME 2, PAGE 23 AND 24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, H.T. & B.R.R. COMPANY SURVEY, SECTION 19, ABSTRACT 234, PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF FM 518 (BROADWAY STREET), Page 9 of 20 — 9/13/2004 AND ON THE WEST SIDE OF ZAPALAC ROAD) (APPLICATION NO. 1184) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF BRUCE T. FEHR, APPLICANT FOR PEARLAND PLAZA, LTD., 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 Marcott made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-735 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 1184. City Manager, Bill Eisen, stated the applicant has submitted this request in order to construct a Regional Shopping Center at the location. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-736 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 1.3718 ACRE TRACT OF LAND OUT OF LOT 51 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 19, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 243, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 2, PAGE 23, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED ON THE WEST SIDE OF STONE ROAD, AND ON THE NORTH SIDE OF SEDDON ROAD) (APPLICATION NO. 1185) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF MICHAEL SHANE WEST, 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 Owen, to approve Ordinance No. 509-736 on its first reading. Page 10 of 20 — 9/13/2004 Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 1185. City Manager, Bill Eisen, stated the applicant has submitted this request in order to construct a detached garage. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-737 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING A 39.50 ACRE TRACT OF LAND SITUATED IN THE D.H.M. HUNTER SURVEY, ABSTRACT 76, PEARLAND, BRAZORIA COUNTY, TEXAS; AND AN 83.83 ACRE TRACT OF LAND SITUATED IN THE D.H.M. HUNTER SURVEY, ABSTRACT 76, AND THE H.T.&B.R.R. COMPANY SURVEY, ABSTRACT 233, PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED ON THE EAST SIDE OF OLD ALVIN ROAD, AND ON THE NORTH SIDE OF ORANGE STREET) (APPLICATION NO. 1186) FROM CLASSIFICATION PLANNED UNIT DEVELOPMENT (PUD) TO PLANNED UNIT DEVELOPMENT (PUD), AN AMENDMENT TO THE ORIGINAL PLANNED UNIT DEVELOPMENT (PUD) AT THE REQUEST_ OF THE CITY OF PEARLAND, APPLICANT, 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 Cole, to approve Ordinance 509-737 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for denial of Application No. 1186. City Manager, Bill Eisen, stated as indicated in the motion, this was an application made by the City. The changes in the Planned Unit Development show a fire station site being dedicated and approximately 16 additional lots being added. Michael Klaus, 5016 Groveton, addressed Council and stated he is concerned about a few items. His concerns are the amount of property and the drainage responsibility. He is concerned for the residents on Orange who do not know that the drainage will change in their area. Page 11 of 20 — 9/13/2004 Deputy City Manager Alan Mueller stated, following the denial by the Planning & Zoning Commission, we listened to the comments that were made and revised the Planned Unit Development document. The revised document reflects the changes needed. Executive Director of Community Services Nick Finan stated the drainage in the original Planned Unit Development was based on the conceptual plan. He stated the decision now is whether Council wants to keep the conceptual plan, discard it, or approve it. He stated the detention could be moved off-site. Consideration for the fire station to be moved to the North side of the entryway was given. The dilemma would be the fire station being up against residential property. The document before Council shows the fire station at the corner of Orange and Old Alvin Road versus on the North side of the property. He stated the lot sizes could vary depending on detention placement. Discussion ensued among Council and Staff regarding detention for the area and the criteria that needs to be met with the Planned Unit Development. Councilmember Cole stated there were residents present during the Public Hearing who had valid concerns and most likely have not had an opportunity to see the changes. He stated he is concerned about the placement of the fire station and not enough detention. Deputy City Manager Bill Eisen stated there are two sides to the entry with the fire station on one side and detention on the other. If the fire station is placed on the North, then the detention is on the South. The citizens did not want this. Additional discussion ensued among Council and Staff regarding detention and the lot sizes. An Orange Street resident stated the residents do not want a new fire station. Discussion ensued regarding possible amendments to the Planned Unit Development document in order for it to be approved. Voting "Aye" Councilmembers Cole, and Owens. Voting "No" Councilmembers Tetens, Viktorin, and Marcott. Motion Failed 3 to 2. COUNCIL ACTION — REMOVE FROM TABLE ORDINANCE NO. 509-732. City Council. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Viktorin, to remove Ordinance No 509-732 from the table. Page 12 of 20 — 9/13/2004 Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 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. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to table Ordinance No. 509-732 on its first reading in order to give Council sufficient time to receive and review the completed documents. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 1175. City Manager, Bill Eisen, stated there is a new approval of the Ordinance from the Planning & Zoning Commission as the result of a Special Meeting held last Wednesday. The approval was made with specific conditions to be added. He received an email from Hamilton Homes indicating they are in agreement with the recommendations of the Planning & Zoning Commission. Executive Director of Community Services Nick Finan stated there was some confusion originally regarding the Planned Unit Development document. He stated the conditions will be included into the document prior to the second reading. He briefly explained the conditions regarding the streets within the development. Councilmember Marcott stated he does not like receiving documents shortly before the Page 13 of 20 — 9/13/2004 Council meeting regarding an item on the agenda and not having a chance to read it fully. Since the documents are confusing at the present time, he does not think Council should take a vote on the current item. Executive Director Nick Finan stated the Planning & Zoning Commission had the same concerns and understands. Discussion ensued among Council and Staff regarding voting on the item during a Special Meeting scheduled for next week, and the current problem with timeframes surrounding decisions made by Planning & Zoning and Council. Voting "Aye" Councilmembers Marcott, Viktorin, and Tetens. Voting "No" Councilmembers Owens and Cole. Voting "No" None. Motion Passed 3 to 2. COUNCIL ACTION — RESOLUTION NO. R2004-148 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY FOR ROAD MAINTENANCE AND REPAIR. Mr. Jerry Burns, Public Works Director. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Owens, to approve Resolution No R2004-148. City Manager, Bill Eisen, stated this is an agreement with Brazoria County to start some of the work regarding road maintenance and repair. Councilmember Owens asked for information regarding the City's overlay machine. Public Works Director Jerry Burns stated the machine is broken. This is something that usually takes place with the County annually. He stated the budgeted money would allow for an overlay machine. Depending on the funds left over, this will determine whether or not the County could come in and help with areas in the City. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. Page 14 of 20 — 9/13/2004 COUNCIL ACTION — RESOLUTION NO. R2004-149 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY FOR MUTUAL AID ASSISTANCE. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2004-149. City Manager, Bill Eisen, stated this formalizes what has taken place for a while within the County during circumstances of disasters or major emergencies. This is an opportunity for the City and County to share resources during emergencies. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-147 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE DIXIE FARM ROAD 16" WATERLINE PROJECT. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2004 147. City Manager, Bill Eisen, stated this project involves a 16" water line along Dixie Farm Road. It would be the entire length of the road within the City Limits. Councilmember Marcott asked for information regarding the length of the water line. Deputy City Manager Alan Mueller stated it is running to Clear Creek. Councilmember Marcott asked for the contract time and stated there are some subdivisions that will be affected by the construction. Deputy City Manager Alan Mueller stated the construction would be on the East side of the road. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Page 15 of 20 — 9/13/2004 Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-146 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTION OF FM 518 AND YOST ROAD. Mr. Bill Eisen, City Manager. City Manager, Bill Eisen, stated this is a standard agreement with the Texas Department of Transportation specifying that the City will meet traffic signal improvements at the intersection of FM 518 and Yost Road. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-152 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE AND INSTALLATION OF A SCADA SYSTEM. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2004-152. City Manager Bill Eisen stated this agreement is for installation of a SCADA System. Public Works Director Jerry Burns stated the process of receiving proposals took place. Phillip Smith of Montgomery Watson is the Consulting Engineer and has helped through the entire process. Through discussions, the contract was reduced. Phillip Smith of Montgomery Watson stated the biggest benefit was that the City was able to work with the people placing the proposals. This allowed for approximately $50,000 in savings to the City. Discussion ensued among Council and Staff regarding the other proposals. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. Page 16 of 20 — 9/13/2004 COUNCIL ACTION — RESOLUTION NO. R2004-154 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SCHEDULING A PUBLIC HEARING ON THE PROPOSED WATER UTILITY RATE INCREASED BY WALKER WATER WORKS, INC. (WATER CCN NO. 11862). Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2004-154. City Manager Bill Eisen stated that Walker Water Works has a few customers in Pearland and a number of customers outside the city limits. The customer within the city limits have met the threshold. This will require a public hearing to be held by this City Council, because the Council has original jurisdiction over utility rates within the City. The resolution being considered has the effect of calling a Public Hearing for October 4, 2004. No Council action will be required until the week after the Public Hearing, which will be October 11. Mr. Eisen reported the Council has been given information the Consultant has complied regarding the proposed rate increase. Ultimately, the fees for the report will be paid for Walker Water Works. Councilmember Marcott asked if the city was pleased with the report regarding the information submitted. Mr. Eisen stated, in his view, it is a fair evaluation of the request by the Company. Even with the evaluation and the results he is recommending reductions in Walker's rates. Obliviously, there are still substantial increases. In talking with a Walker Representative, the indication is the company has not made any rate adjustments in a substantial number of years and is trying to catch up all at once. City Attorney Darrin Coker stated Jack Stowe, the individual who did the report, will attend the public hearing and will be available to answer any questions regarding the report. Mr. Coker further reported he would make a copy of the report to Walker Water Works. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-153 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE ETJ AGREEMENT BETWEEN THE CITY OF PEARLAND AND THE CITY OF HOUSTON. Mr. Alan Mueller, Deputy City Manager. Page 17 of 20 — 9/13/2004 Councilmember Marcott made the motion, seconded by Councilmember Cole, to approve Resolution No. R2004-153. City Manager Bill Eisen stated the extraterritorial jurisdiction for the Villa Verde subdivision was established some years ago, which put part of the subdivision in the City's extraterritorial jurisdiction and the other portion within the City of Houston. This resolution will amend the extraterritorial jurisdiction to allow the entire subdivision into Pearland. Deputy City Manager Alan Mueller stated the City of Houston has reviewed the agreement and indicated they do agree, and would like the City of Pearland to vote on the agreement prior to it coming before the City of Houston. Discussion ensued among Council and Staff regarding any future build -out within the subdivision and the water and sewer services for the subdivision. Deputy City Manager Alan Mueller stated the utilities within the subdivision are already serviced and maintained by the City of Pearland. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-151 — 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 CARTER -BURGESS, INC. ENGINEERING SERVICES ASSOCIATED WITH THE SWEC CAPACITY EXPANSION AND REPLACEMENT OF THE ULTRAVIOLET DISINFECTION SYSTEM FOR THE LONGWOOD AND BARRY ROSE WASTE WATER TREATMENT PLANTS. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Owens, to approve Resolution No. R2004-151. City Manager, Bill Eisen, stated Texas Commission on Environmental Quality standards require the expansion of waste water treatment plants that reach 75% of its capacity on a regular basis. The City is required to do the engineering to enlarge the facility. He stated the City is currently at that point. This would allow Carter -Burgess to do the preliminary engineering for the expansion of SWEC and do some evaluations of the Longwood and Barry Rose waste water treatment plants. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Page 18 of 20 — 9/13/2004 Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 10:10 p.m. to discuss the following: NEW BUSINESS (CONTINUED): EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING MUNICIPAL COURT JUDGES. Mr. Darrin Coker, City Attorney. 2. SECTION 551.072 — REAL PROPERTY: DISCUSSION REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY — "ROAD RIGHT-OF-WAY." Mr. Darrin Coker, City Attorney. 3. SECTION 551.087 — CONSULTATION WITH CITY ATTORNEY: REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 12:20 p.m. COUNCIL ACTION — REGARDING MUNICIPAL COURT JUDGES. Mr. Darrin Coker, City Attorney. No Council action taken. COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY — "ROAD RIGHT-OF-WAY." Mr. Darrin Coker, City Attorney. No Council action taken. COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. Mr. Darrin Coker, City Attorney. Page 19 of 20 — 9/13/2004 No Council action taken. ADJOURNMENT Meeting was adjourned at 12:21 p.m. Minutes approved as submitted and/or corrected this the 27th day of September , A.D., 2004. om eid Mayor • Page 20 of 20 - 9/13/2004