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2004-11-22 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 22, 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 Deputy City Secretary Tom Reid Charles Viktorin Richard Tetens Woody Owens Larry Marcott Kevin Cole Bill Eisen Darrin Coker LaKeisha Cannon -Scott Others in attendance: Deputy City Manager Alan Mueller, Executive Director of Community Services Nick Finan; Executive Director of Economic Development Corporation Fred Welch; Assistant Police Chief Johnny Spires; Police Officer Wayne Moody; City Engineer Doug Kneupper; Public Affairs Liaison Lynn Munford; Director of Finance Andrea Garner; Recreation Superintendent Michelle Dunn; Keep Pearland Beautiful Lynda Cowles; Public Works Director Jerry Burns; Fire Marshal Steve Chapman; Purchasing Officer Gordon Island; Project Director Joe Wertz; and Senior Planner Theresa Grahmann. The invocation was given by Councilmember Cole and the Pledge of Allegiance was led by Assistant Police Chief Johnny Spires. MAYOR'S ACTIVITY REPORT Naomi Stevens of the Pearland Neighborhood Center stated the Pearland Neighborhood Center would have a Holiday Open House and invited everyone to attend. She stated it is a Chamber of Commerce event. The Pearland Neighborhood Center is the only multi-purpose center in northern Brazoria County. Ms. Stevens stated the Neighborhood Center is operated by a volunteer board. Mayor Reid reported on November 9 he attended the Christian Helping Hand Open House and spoke at the Green Tee Homeowners' Association Meeting regarding Pearland Police Officers' service in Iraq; November 10 he attended an Adult Reading Center Board of Directors Meeting, met with Pine Hollow Citizen regarding problems with developer, and attended meeting of Old Wrestlers Museum Committee; November 11 he presented Veterans Day Speech to VFW 7109 Event; November 12 he visited with Dr. Gentry regarding sign concerns; November 13 he attended the Grand Opening of the United Way Service Office; November 14 he attended the Clayton Funeral Home Page 1 of 19 —11 /22/2004 Open House and the Marek School Open House in Shadow Creek Ranch; November 15 he attended an Agenda Meeting, a Pearland Regional Hospital Committee Meeting, was a celebrity reader for the 4t" Grade at Marek School, chaired the Development Authority of Pearland Meeting, and attended a City Council Workshop and Special Meeting; November 16 he attended the HGAC Board of Directors Monthly Meeting, presented awards to City employees at the Annual Thanksgiving Dinner, welcomed the Gulf Coast Water Works Association to Pearland for their Annual Thanksgiving Dinner and Meeting, and attended the Pearland State Bank Thanksgiving Open House; November 17 he attended the Exchange Club "One Nation Under God" Breakfast, the TxDOT SH 288 Corridor Study Committee Meeting, the BCCA Monthly Meeting, a meeting with Judge Willy on County Water Legislation, and met with Mr. Trisel of TxDOT regarding SH 288 access road progress; November 18 he attended the Chamber Leadership Council Monthly Meeting; Governor Perry's State of the State Meeting, Pearland Arts League Board of Directors Meeting, Medical Commons of Pearland Open House, and Keep Pearland Beautiful Annual Meeting; November 19 he attended the HGAC/Transportation Policy Council Board of Directors Meeting; November 22 he attended a lunch meeting with a citizen group, visited with concerned citizen regarding wild animals, and attended the Parks Department Art Show and Reception. COUNCIL ACTIVITY REPORTS Mayor Pro -Tem Viktorin, Councilmembers Tetens and Cole passed. Councilmember Owens reported the Brazoria County Days will take place in Austin in March 2005. He stated the world's largest shrimp boil will take place during the event. 1700 pounds of shrimp will be boiled. This event gives the opportunity for local elected officials to meet with legislators. Councilmember Marcott reported Lance Corporal Miller's viewing is tomorrow. A rosary will take place and his funeral is on Wednesday. All will take place at the St. Helen's Catholic Church. Councilmember Cole passed. CITY MANAGER'S REPORT City Manager Bill Eisen announced that the Annual Christmas Tree Lighting will take place December 2 at 7:00 p.m. The Christmas Parade will take Place Saturday, December 4 at 6:00 p.m. He reported the City of Pearland was fortunate during the heavy rains not to have much of those rains fall within the City. The City went through this period very well. Unfortunately, some of the neighboring cities suffered some great losses over the last few days. Page 2 of 19 — 11/22/2004 Mayor Reid reminded everyone that there will be a SH 288 Corridor Feasibility Study Presentation at the Pearland Junior High School from 5:30 p.m. to 7:30 p.m. on the November 30. He encouraged everyone to attend and stated Wilbur Smith & Associates have done a study on this for over a year. Councilmember Marcott stated the SH 288 Corridor Feasibility Study Presentation is the last opportunity for the public to give their input. It is very important to attend. CITIZENS Stacy Adams, 3301 Jacquelyn, addressed Council and stated he would like to comment on the Workshop held previously tonight regarding Road Impact Fees. He encourages Council to move forward. He stated no matter what Council decides, it will never be totally equitable. This fee would be fair and require everyone to pay. He is not in favor of a new taxing entity. In conclusion, Mr. Adams stated that maybe the growth of Pearland needs a little stifling. Regardless of the amount of the Road Impact Fee, Pearland will continue to grow. C.D. Anderson, 3215 Jacquelyn, addressed Council and stated he has lived at his residence for thirty-seven years. He stated his disagreement with how the presentation regarding the Impact Fee was supporting the builders and developers. He stated the citizens concerns were not included in the presentation. His taxes have help build many streets within Pearland. He stated the new people entering Pearland and the new developments need to pay their fair share. He gave additional comments regarding the fee amount and stated the amount proposed is fair. In closing, Mr. Anderson stated this is a matter of ethics, honesty, and integrity. In the end Council will have the choice to either represent the citizens of Pearland or the builders and developers. Michael Klaus, 5016 Groveton, addressed Council and stated a new taxing entity will only add another level of authority. He is concerned about the comprehensive plan being flexible, which leaves Council and Staff without a guide. The end result is an unknown impact to the City. He suggested some incorporation of additional modeling into the City in order to help determine what is needed within the Road Impact Fee. He stated just like the water and sewer model that was discussed, a model to help determine the Road Impact Fee needs to take place as well. He gave additional information regarding drainage models for the City of Pearland. Mr. Klaus stated he was surprised that the City will have to spend approximately $40,000 to $50,000 to generate a travel model when the Houston Galveston Area Council (HGAC) receives funding from Pearland that allows Pearland to utilize its modeling. Mr. Klaus stated his commutes in the past were shorter in time and now his trips are longer because of the traffic within Pearland. This has been a result of new development. He supports the Roadway Impact Fee because it allows those developers that want to build in Pearland to fund the roadway that will be effected by the development. Something needs to be done about the traffic problems in Pearland. Page 3 of 19 — 11/22/2004 DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the November 1, 2004, Special Council Meeting held at 6:30 p.m. 2. Minutes of the November 1, 2004, Public Hearing held at 6:30 p.m. 3. Minutes of the November 8, 2004 Special Council Meeting held at 7:00 p.m. 4. Minutes of the November 8, 2004 Regular Council Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-743 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 1.00 ACRE TRACT OUT OF THE NORTH 1/2 OF LOT 22, ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 81, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 300, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 2, PAGE 98, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF FUTURE BROADWAY STREET (COUNTY ROAD 92), AND ON THE EAST SIDE OF GLOSSON ROAD) (APPLICATION NO. 1193) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF MELINDA ROSINSKI, APPLICANT FOR WILLIAM C. WALSH, 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. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-745 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 1.00 ACRE TRACT OF LAND, TRACT 9A5A, ABSTRACT 546, H.T. & B.R.R. COMPANY SURVEY, BRAZORIA COUNTY, TEXAS (LOCATED AT 6313 Page 4 of 19 —11 /22/2004 TERRELL DRIVE) (APPLICATION NO. 1195) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JOSE CARLOS SALDIVAR, 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. 509-746 — 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 3.394 ACRES OF LAND, BEING A PART OF LOT 7 OF THE ALLISON RICHEY GULF COAST HOME COMPANY'S SUBURBAN GARDENS SUBDIVISION OF SECTION 21, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 309, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT AS RECORDED IN VOLUME 2, PAGES 23 AND 24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF BROADWAY STREET (FM 518) AND ON THE EAST SIDE OF OWER LANE) (APPLICATION NO. 1196) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF BRAZOSPORT CARDIOLOGY, APPLICANT FOR CHARLES W. KENNEDY, JR., TRUSTEE, 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. E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-747 — 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 11.6053 ACRES, BEING THE REMAINDER OF LOT 8, HICKORY PLACE SUBDIVISION, ABSTRACT 310, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF HUGHES RANCH ROAD (CR 403), AND EAST OF BRYAN COURT) (APPLICATION NO. 1198) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (R -E) AT THE REQUEST OF AFIS AND NICHOLE OLAJUWON, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY Page 5 of 19 — 11/22/2004 CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Ms. Lata Krishnarao, Planning Manager. F. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 301-2 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 30, UTILITIES, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION 30-35, ENTITLED CHARGES REQUIRED, SECTION 30-36, ENTITLED REFUND OF DEPOSIT, SECTION 30-39, ENTITLED WHEN PAYMENT DUE, AND SECTION 30-41, ENTITLED DISCONNECTION FOR NONPAYMENT, AND TO ADD A NEW SECTION 30-46, TO BE ENTITLED TESTING OF WATER METERS; HAVING A PENALTY CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. G. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-748 — 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 29.3049 ACRES OF LAND OUT OF TRACT 162 OF THE W. ZYCHLINSKI SUBDIVISION OF SECTION 28, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 551, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 29, PAGE 9, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, AND BEING A PART OF THE LANDS DESCRIBED IN DEED TO R. WEST DEVELOPMENT CO., INC., RECORDED UNDER BRAZORIA COUNTY CLERK'S FILE NO. 99-040666, AND A DEED TO RAVENWOOD SECTION 3, LTD., RECORDED UNDER BRAZORIA COUNTY CLERK'S FILE NO. 02- 037050, BOTH OF THE OFFICIAL PUBLIC RECORDS OF BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF FUTURE PEARLAND PARKWAY, AND NORTH OF INDUSTRIAL DRIVE) (APPLICATION NO. 1174) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-4) TO PLANNED UNIT DEVELOPMENT (PUD) AT THE REQUEST OF R. WEST DEVELOPMENT COMPANY, INC., 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. H. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-749 — AN ORDINANCE OF THE CITY Page 6 of 19 — 11/22/2004 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 5.00 ACRES OF LAND BEING THE WEST HALF OF LOT 19, ALLISON RICHEY GULF COAST HOME COMPANY'S SUBURBAN GARDENS SUBDIVISION OF SECTION 80, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 564, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGE 98 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (LOCATED AT 12216 WEST BROADWAY STREET) (APPLICATION NO. 1197 & SPECIFIC USE PERMIT APPLICATION NO. 136) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT — SPECIFIC USE PERMIT (R -1(S)) FOR A CHURCH AND CHURCH FACILITIES AT THE REQUEST OF PASTOR KEITH ANDERSON, APPLICANT FOR PEARLAND NEW HARVEST CHRISTIAN FELLOWSHIP, INC., 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. I. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1186 — 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 BAILEY ROAD AND LAWRENCE PLACE. Mr. Darrin Coker, City Attorney. J. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE TOUR-DE- LITES EVENTS ROUTE. Mr. Darrin Coker, City Attorney. K. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-192 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING TIMES AND DATES FOR DECEMBER 2004, DUE TO THE HOLIDAY SEASON. Mr. Darrin Coker, City Attorney. L. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1188 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON VETERANS DRIVE IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH SPRINGFIELD AVENUE, UPON VETERANS DRIVE IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH SPRINGFIELD AVENUE; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS Page 7 of 19 —11 /22/2004 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 STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Darrin Coker, City Attorney. M. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-195 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE EXECUTION OF RIGHT-OF-WAY DEEDS FOR THE STATE HIGHWAY 35 PROJECT. Mr. Joe Wertz, Jr. Project Director. N. CONSIDERATION AND POSSIBLE ACTION — RATIFICATION OF THE CITY MANAGER'S APPOINTMENT OF ONE (1) MEMBER TO SERVE ON THE CIVIL SERVICE COMMISSION WITH THE TERM EXPIRING NOVEMBER 1, 2007. Mr. Bill Eisen, City Manager. Councilmember Marcott asked that Consent Agenda Item L 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 N with the exception of Item L, as presented on the Consent Agenda. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. MATTER REMOVED FROM CONSENT AGENDA Councilmember Marcott asked that Consent Agenda Item L be removed from the Consent Agenda for further discussion. FIRST AND ONLY READING OF ORDINANCE NO. 1188 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON VETERANS DRIVE IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH SPRINGFIELD AVENUE, UPON VETERANS DRIVE IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH SPRINGFIELD AVENUE; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION, AND Page 8 of 19 — 11/22/2004 i FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Darrin Coker, City Attorney. Councilmember Tetens made the motion, seconded by Councilmember Cole, to approve Consent Agenda Item L (Ordinance No. 1188) on its first and only reading. City Manager Bill Eisen stated this is an Ordinance that approves the location of stop signs at the intersection of Springfield Avenue and Veterans Drive. The normal procedure is a little out of sequence. Typically a traffic study is completed, authorization in the form of an Ordinance would be completed by City Council, and then the signs would be put in place. However, in this case response went prior to procedure and the intent was due to some of the current residential subdivisions in place and one currently being constructed. Councilmember Marcott stated he feels this is on the agenda due to his question regarding the stop sign. A citizen approached him regarding the stop sign and he told the citizen that he did not remember approving the sign. The citizen had concerns about the sign because he was driving down the street and all of a sudden he had to come to a quick stop. The citizen was not aware of the stop sign. The citizen was also concerned about the traffic being backed up due to the stop sign. Mr. Marcott stated he has some concerns regarding the traffic and something needs to take place in order to help alleviate this problem. Councilmember Cole asked if there was something in particular that caused the procedure to take place out of sequence. City Attorney Darrin Coker stated during a previous meeting there was discussion regarding signs associated with the schools recently. He had a discussion with the Public Works department to proceed with putting the signs up around the school for the School District. There may have been an assertion that this would be the same for all subsequent signs, which is not the case. Councilmember Cole stated he did not know if there had been some reason for the sign being put into place prior to the Ordinance adoption. City Attorney Darrin Coker gave an example of the signage that was put in place for the Alvin School District prior to Council adopting an Ordinance. Assistant Police Chief Johnny Spires stated the traffic backed up is not a result of the stop sign. The traffic was backed up prior to the sign going up. It is a problem that has been at Magnolia and Veterans. It is mainly backed up on Veterans. Page 9 of 19 —11 /22/2004 Police Officer Wayne Moody stated he lives in that area and traffic was a problem prior to the signage. Councilmember Marcott asked if some temporary signage could be put in place warning of the approaching stop sign. City Manager Bill Eisen stated when he saw the signs shortly after some concern was expressed about the signs, there were orange flags on the signs to highlight the fact that they were new. Public Works Superintendent Jerry Burns stated the "stop ahead" signs are put into place before the stop signs are put in place. He received a request from the School District regarding the placement of stop signs at this intersection because of the buses not being able to get onto Veterans Drive. Councilmember Marcott made a suggestion to possibly add "no left turn" for a set amount of hours during the day as done on previous streets to help alleviate some of the traffic problems. Deputy City Manager Alan Mueller stated the "no left turn" set for previous streets were due to a cut -through problem. The problem in this case is not being able to get out and onto Veterans Drive. The four-way stop allows for the cross street to get out onto Veterans. Police Officer Wayne Moody stated he lives out there and drives it every morning. The traffic problem is so bad. A new subdivision is currently being constructed and once people start moving in, the traffic will become twice as bad. He thinks the issue at Magnolia and Veterans need to be addressed. This is where the back-up is located. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS FIRST READING OF ORDINANCE NO. 1189 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DISCONTINUING AND DISANNEXING CERTAIN TERRITORY FROM THE CITY AND ADJUSTING THE CITY'S BOUNDARIES ACCORDINGLY; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Tetens, to Page 10 of 19 — 11/22/2004 approve Ordinance No. 1189 on its first reading. City Manager Bill Eisen stated some months ago Council made an agreement with South Home Estates and Grand Valley Homes regarding obtaining water from a private company in an area outside the City's extraterritorial jurisdiction, west of SH 288, and south of the existing City limits. One of the provisions of the agreement is that the City would disannex a portion of the 100 ft. strip in that area in order for homes to be located in one general area. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, and Cole. Voting "No" Councilmember Marcott. Motion Passed 4 to 1. COUNCIL ACTION —RESOLUTION NO. R2004-190 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION OF WEST MARY'S CREEK DETENTION FACILITY. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Marcott, to approve Resolution No. R2004-190. City Manager Bill Eisen stated bids have now been received for construction in the West Mary's Creek Detention Facility. The low bid was submitted by M. Hanna Construction Company. This company has been used previously. The bid was for approximately $8.7 million, which is substantially lower than the engineers' estimates. Turner, Collie and Braden assured the City that the bid is accurate and the work can be done for that amount. A representative of Turner, Collie and Braden stated Turner, Collie and Braden have questioned the company about the amount of the bid. Turner, Collie and Braden was not able to determine any reason why they should nor receive recommendation for the bid award. This company is a large specialty excavation company and their specialization and disposal strategy allows them to be able to bid this amount. Councilmember Marcott asked for a timeframe of when the work would start and finish. A representative of Turner, Collie and Braden stated the company would have a 300 - plus calendar day timeframe to complete the process. Councilmember Marcott asked if the Drainage District has started on its portion Deputy City Manager Alan Mueller stated the City is still waiting for the final Corps of Page 11 of 19 — 11/22/2004 Engineers permit to come back. This is the last thing needed to be completed before the District would formally approve the plans. Councilmember Owens asked if the timeframe of the project coincides with Planning's timeframe. Project Director Joe Wertz gave some information regarding a deduction change order. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-189 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE MCHARD ROAD PROJECT (EAST OF STATE HIGHWAY 25). Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2004-189. City Manager Bill Eisen stated this item relates to the McHard Road Project, the section of highway between SH 35 and Pearland Parkway. Federal funding was received some four to five years ago. Texas Department of Transportation (TxDOT) is ready to award a construction bid in January as part of the conditions associated with TxDOT projects. Councilmember Cole asked if this item has anything to do with the grant received from Congressman Tom Delay's Office. City Manager Bill Eisen stated this is the funding channel through TxDOT. Project Director Joe Wertz stated this amount is just an estimate. If the amount is lower in the end, then TxDOT will reimburse the City. Councilmember Marcott asked for a job timeframe. Project Director Joe Wertz stated this is approximately a nine-month job. Councilmember Owens asked if the money has to be paid prior to the job completion. Project Director Joe Wertz stated the money and agreement have been requested prior Page 12 of 19 —11 /22/2004 to starting the job. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-193 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING ARRANGEMENT WITH THE STATE OF TEXAS FOR CELLULAR WIRELESS AND EQUIPMENT SERVICES. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2004-193. City Manager Bill Eisen stated this item addresses two issues. The first issue is regarding a contract for cellular service for the various departments of the City. The second is regarding radio service amongst the various departments. Certain departments are currently using radios that require the 800 trunking system through Harris County and the City of Houston. Over the next couple of years those radios will need to be upgraded to a new type of radio, which would be more expensive. The Nextel services would provide cellular phone service and radio service at the same time. This allows for a more cost effective method, rather then buying $6000 radios. Councilmember Marcott asked for information pertaining to the length of the contract. City Attorney Darrin Coker stated the contract in front of Council is the contract between Nextel and the State of Texas. City Manager Bill Eisen stated the City would not have a contract with Nextel; the services are on a month-to-month basis. Councilmember Cole asked for clarification regarding the number of minutes allowed per month. City Manager Bill Eisen stated that phone and radio service will be available to employees with the equipment. The current estimates before Council are higher than the current plan. This is to allow employees the opportunity to adjust to using the radio service. The monthly minutes would be lowered after employees are adjusted to using the radio service. This should only take a couple of months. The plans can be changed monthly. Page 13 of 19 — 11/22/2004 Councilmember Owens asked for clarification about the number of phones listed for Public Affairs. City Manager Bill Eisen stated that should read Public Works and not Public Affairs. Public Works Director Jerry Burns stated some employees within the department will have only the radio portion of the service and others will have the combination of radio service and cellular phone service. Nextel Representative Mark Brodie stated the airtime was increased at the same cost. Radio communications is unlimited. After all of the departments are adjusted to using the radio communications, then a reduction in cellular time and rates will take place. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-188 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION OF THE WESTGATE DRIVE WATER AND SEWER IMPROVEMENTS. Mr. Bill Eisen, City Manager. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2004-188. City Manager Bill Eisen stated this is a construction contract for Westgate Drive water and sewer system. The low bidder is Cross Contract. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-187 — 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 KLOTZ ENGINEERING FOR ENGINEERING SERVICES ASSOCIATED WITH THE REHABILITATION OF THE GREEN TEE LIFT STATION. Mr. Bill Eisen, City Manager. Page 14 of 19 — 11/22/2004 Councilmember Owens made the motion, seconded by Councilmember Cole, to approve Resolution No. R2004-187. City Manager Bill Eisen stated over the last several years a number of lift stations have been replaced. This would be the last of the lift station replacements. The engineering contract will be with Klotz & Associates to do the necessary design of the lift station. Councilmember Marcott asked for clarification regarding the drywell. Public Works Superintendent Jerry Burns stated the drywell would be filled. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-191 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON-GALVESTON AREA COUNCIL (HGAC) FOR THE PURCHASE OF MOBILE AND HANDHELD RADIOS. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2004-191. City Manager Bill Eisen stated this is related to a previous issue regarding some of the costs associated with radio purchases. This item would allow Homeland Security Grant funding to be utilized to replace radios within the Public Safety Department. The police would be able to continue communicating with other organizations in the area. Fire Marshal Steve Chapman stated this is the second grant received through the Homeland Security funding. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — REGARDING APPOINTMENTS TO THE CITY OF PEARLAND PARKS, RECREATION AND BEAUTIFICATION BOARD. Mr. Bill Eisen, City Manager. Page 15 of 19 — 11/22/2004 Councilmember Marcott made the motion, seconded by Councilmember Owens, to appoint Roy Loris for a term of November 2004 to November 2007, Ben Carranza for a term of November 2004 to November 2006, Dalona Niland for a term of November 2004 to November 2005, Laura Austin for a term of November 2004 to November 2007, Scott Sherman for a term of November 2004 to November 2006, Thomas Gibbs for a term of November 2004 to November 2005, and Christian Cori for a term of November 2004 to November 2006; to the City of Pearland Parks, Recreation, and Beautification Board. City Manager Bill Eisen stated this item is regarding appointments to the Parks, Recreation and Beautification Board. This Board was less active in the past years and no new appointments or reappointments have been made for the last year or two. The current director feels that it is important for this board to be staffed and functional. This board would be working in an advisory and supporting capacity to the Parks and Recreation Department. Councilmember Marcott asked if all of the applicants have been contacted. City Manager Bill Eisen stated all of the applicants have been contacted and agreed to serve. Councilmember Marcott stated Christian Cori would like to be on the board as well. City Attorney Darrin Coker stated we received his application today. Councilmember Cole asked if all of the applicants reside in the City of Pearland. City Manager Bill Eisen stated all of the applicants reside in the City of Pearland. Councilmember Marcott stated the board is needed especially with the upcoming Parks Plan. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — AUTHORIZE PARADE ROUTE FOR CITY CHRISTMAS PARADE ON FM 518. City Council. Councilmember Cole made the motion, seconded by Councilmember Tetens, to authorize parade route for City Christmas Parade on FM 518. Page 16 of 19 — 11/22/2004 City Manager Bill Eisen stated he received a request from two Councilmembers requesting that the Annual Christmas Parade route be reconsidered. The two Councilmembers request that the parade be moved to FM518. Due to the short timeframe of the parade, the Police Department and Parks Department have worked to plan a route along FM 518. They have also put together a traffic plan during the parade. They are currently awaiting TxDOT approval and it should be forthcoming. Councilmember Cole stated after looking at the Pearland Parkway Route, they decided that much of the growth allows no place for the citizens to congregate to watch the parade. Pearland Parkway is a difficult location for the parade. FM 518 will help provide more places to congregate. Discussion ensued among Council and Staff regarding the City's Christmas Parade Route and State approval. Councilmember Marcott asked if there was anyway to route it without having to go back to the high school. Police Officer Wayne Moody stated the church is only allowing the City to use one parking lot, which is not enough room for everyone. Councilmember Cole stated the church is having an event that night, but he would ask for some additional space from the church. Additional discussion ensued among Council and Staff regarding the parade route. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2004-194 — 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 STATE OF TEXAS, FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION AND MAINTENANCE OF HIGHWAY TRAFFIC SIGNALS/LIGHTING AT THE LOCATION(S) SHOWN ON EXHIBIT 1, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF PEARLAND; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY. Mr. Alan Mueller, Deputy City Manager. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2004-194. Page 17 of 19 — 11/22/2004 City Manager Bill Eisen stated this is a standard required by TxDOT for operating and maintaining signals within the City. This signal will be installed, maintained, and operated by the Shadow Creek Ranch Developer Estates. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:08 p.m. to discuss the following: NEW BUSINESS (CONTINUED): EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 — PERSONNEL MATTERS: CITY BOARDS AND COMMISSIONS. 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 9:59 p.m. COUNCIL ACTION — REGARDING CITY BOARDS AND COMMISSIONS. City Council. No Council action taken. COUNCIL ACTION — REGARDING UTILITIES. City Council. No Council action taken. ADJOURNMENT Meeting was adjourned at 10:00 p.m. Page 18 of 19 — 11/22/2004 Minutes approved as submitted and/or corrected this the 13th day of December , A.D., 2004. Tom Reid Mayor ATTEST: Page 19 of 19 —11 /22/2004