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2005-03-28 CITY COUNCIL REGULAR MEETING MINUTES - 7:00PMMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MARCH 28, 2005, AT 7:00 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 Tom Reid Charles Viktorin Richard Tetens Woody Owens Larry Marcott Kevin Cole Bill Eisen Darrin Coker Others in attendance: Deputy City Manager Alan Mueller; Executive Director of Community Services Nick Finan; Executive Director of Economic Development Corporation Fred Welch; Economic Development Manager Karen Dickson; Deputy City Secretary LaKeisha Cannon -Scott; Utility Billing Manager Meg McNulty; Police Chief J.C. Doyle; City Engineer Doug Kneupper; Public Affairs Liaison Lynn Munford; Director of Finance Andrea Gardner, Parks and Recreation Director Rhonda Cyrus; Public Works Director Jerry Burns; Fire Marshal Steve Chapman; EMS Director Jeff Sundseth; Director of Inspections Kola Olayiwola; Deputy Building Official Larry Boyles; Purchasing Officer Gordon Island; Project Director Joe Wertz; Planning & Zoning Commissioner Ruby Sandars; Senior Planner Theresa Grahmann. The invocation was given by Councilmember Kevin Cole and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid presented a Proclamation to Crime Victim Liaison Gina Mendez and Police Chief J.C. Doyle for supporting victims of crimes through Pearland's Victim Service Program, proclaiming April 10 —16 as "Crimes Victims' Right Week." Crime Victim Liaison Gina Mendez showed her appreciation to the City of Pearland and Police Chief J.C. Doyle for supporting the Crimes Victims Program. She gave a brief description of the services and resources available to the citizens of Pearland who are victims of crime. She stated the acknowledgment of victims of crime takes place each year nationally. She stated a clothing drive would be held to provide additional aid to the victims of crime. She introduced Gary Barker of the Sleep Tight — Sleep Safe Program, Gary Barker stated the operation of Sleep Tight — Sleep Safe is sponsored by the Page 1 of 31 — 7: 00 p.m. 3/28/2005 Victims' Program of Brazoria County and the cooperation of the Pearland Police Department. This program collects donations of new sleepwear for the battered women's shelter, which is run by the Women's Center of Brazoria County. The shelter takes in women and children who have been victims of domestic violence and assault. These items are needed and very much appreciated. This program runs through March and April. He stated his appreciation to the Council for supporting the program. Mayor Reid stated it is something special to have a full-time employee with the City that addresses crime victim's issues. Gina Mendez does a wonderful job in this position. Police Chief J.C. Doyle gave brief comments of admiration and appreciation to Crime Victim Liaison Gina Mendez for her hard work and dedication to the Pearland Crime Victims Program. He stated the position of Crime Victims Liaison is an absolute necessity within the City of Pearland. Mayor Reid and City Manager Bill Eisen recognized Parks & Recreation Director Rhonda Cyrus and Parks Staff for their hard work and receipt of the Arts and Humanties Award from the Texas Recreation and Parks Association. Parks & Recreation Director Rhonda Cyrus stated this award is for the Murder Mystery Production Theater, which was a very successful event. It was selected throughout the State of Texas in the Division of Arts & Humanities. She is very proud of Kristy Pachciarz and her staff for the tremendous job done. Mayor Reid and City Manager Bill Eisen recognized Director of Finance Andrea Gardner and the Finance Department Staff for their hard work and receipt of a Certificate of Achievement for Excellence In Financial Reporting Award. City Manager Bill Eisen stated the Government Finance Officer's Association gives the Certificate of Achievement of Excellence In Financial Reporting Award each year. This represents the 27th consecutive year that the City of Pearland's Finance Department has received the award. Director of Finance Director Andrea Jason expressed her appreciation to the Finance Department for all of their hard work involved in order to receive such an award. She also expressed her appreciation to the external auditors who put a lot of hard work in preparing the City's Financial Reports. Mayor Reid gave some brief comments regarding the importance of the City's financial stability and integrity. Mayor Reid introduced Mickey Owens with the Partners for Pearland. Mickey Owens, President of the Partners for Pearland presented a plaque to Page 2 of 31 — 7: 00 p.m. 3/28/2005 Councilmember Viktorin for his supporting the Partners for Pearland Program. He gave some brief details regarding the two fundraisers given by the non-profit organization yearly. He stated the two fundraisers are the annual golf tournament and bowl-a-thon. Councilmember Charles Viktorin expressed his appreciation for the recognition and stated his admiration for the organization and Mickey Owens. Mayor Reid presented a proclamation to the women of the Pearland's Well Read Hat Society for their literary contribution to the Pearland Adult Reading Center, proclaiming March 31St as "Red Hat Literacy Luncheon Day." Dale Pillow of the Pearland Adult Reading Center and Well Read Hat Society gave a brief description of both programs. She stated the Adult Reading Center provides services that help those who do not know how to read, write, or speak English. The community of Pearland has demonstrated its support for the program. A number of corporate sponsors also support the program. The luncheon takes place annually. COUNCIL ACTIVITY REPORTS Mayor Pro -Tem Viktorin passed. Councilmember Tetens passed. Councilmember Owens reported that over 700 people attended the Shrimp Bowl held during the Brazoria County Days. It was a good event; he stated if any one would like to volunteer to be a member of the event planning committee, they could contact him. Councilmember Marcott reported during the Brazoria County Days, Council had an opportunity to meet with the Governor's Staff on economic development. He stated a good meeting took place with them and he commends the Economic Development Department. He had the opportunity to attend the Murder Mystery that was discussed earlier. It was a fabulous event. Councilmember Cole reported during the Brazoria County Days Councilmember Owens held the position of Co -Chair and he commends him on a job well done. It was a successful event. This provided an opportunity to meet at the State Capital. CITY MANAGER'S REPORT City Manager Bill Eisen reported he and the Economic Development Corporation Staff had the opportunity to attend an event at Princeton University. The Economic Development Corporation is a finalist in the CoreNet Global's Economic Development Leadership Award for Leadership and Innovation and will be recognized by CoreNet Global. Page 3 of 31 — 7: 00 p.m. 3/28/2005 CITIZENS Susan Clifford, 2408 Parkview, addressed Council and stated Mary's Creek is suffering at the hands of two entities, which are the Drainage District and Kevin Price. Kevin Price is the developer for the Villages of Mary's Creek. They are tearing the trees down terribly. She has a problem with this taking place. The Drainage District did respect the code and did not take down any hardwoods, but the developer of Mary's Creek has leveled a numerous amount of protected trees. She asked about the current Tree Ordinance applying to this property. She met with Mr. Kivin Price today and it was interesting to see that the development was able to pay an $80,000 fee in order to have authority to cut down the trees. She has some additional concerns regarding the mulch that is left over because of the tree removal, which is killing additional trees that are left. She stated some additional concerns about the ongoing development within Pearland. Mayor Reid stated that if a tree is protected in Pearland, in order to have approval to take it down, a fee has to be paid. The funds received from the fee are then used to plant equivalent new trees throughout Pearland. Councilmember Marcott announced there will be a tree -planting ceremony at the Environmental Center on Harkey Road at 10:30 a.m. Hugh and Claudette Smikle, 7010 Cliff Stone Road, addressed Council and stated they are interested in opening up a Bed & Breakfast in Pearland. Mr. Smikle asked for information on what needs to be done in order to open a Bed & Breakfast facility. Mrs. Smikle stated the property sits on approximately 2 acres. City Manager Bill Eisen stated someone from the City would be contacting Mr. and Mrs. Smikle with further information. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the March 21, 2005, Special Meeting held at 6:00 p.m. 2. Minutes of the March 21, 2005, Public Hearing held at 6:30 p.m. 3. Minutes of the March 21, 2005, Public Hearing held at 6:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE OF SHADOW CREEK RANCH SF -32B. Mr. Doug Kneupper, City Engineer. Page 4 of 31 — 7: 00 p.m. 3/28/2005 C. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF LAKES OF HIGHLAND GLEN SECTION 9. Mr. Doug Kneupper, City Engineer. D. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE APPOINTMENT OF CATHERINE H. O'BRIEN TO SERVE ON THE LIBRARY BOARD POSITION NO. 7 FOR A TERM EXPIRING NOVEMBER, 2007. Mayor Tom Reid. E. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2005-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE REHABILITATION OF GREEN TEE LIFT STATION NO. 5. Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2005-57 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO UTILIZE FUNDS FROM THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS FOR A CRIME VICTIMS ASSISTANCE PROGRAM AND EXECUTE ANY AGREEMENTS NECESSARY TO RECEIVE SAID FUNDS. Mr. J.C. Doyle, Police Chief. G. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2005-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE APPLICATION FOR GRANT FUNDS PROVIDED THROUGH THE 2005 ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM. Mr. Bill Eisen, City Manager. H. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1208 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE A WATER AND SEWER EASEMENT AND FEE SIMPLE TITLE FOR THE CONSTRUCTION OF ROAD AND UTILITY IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Page 5 of 31 - 7: 00 p.m. 3/28/2005 I. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2005-64 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ITS BENEFIT PLAN TO COMPLY WITH THE RULES AND REGULATIONS ESTABLISHED BY THE TEXAS DEPARTMENT OF HEALTH AND HUMAN SERVICES. Mr. Bill Eisen, City Manager. Councilmember Marcott asked that Consent Agenda Items F and G 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 I with the exception of Items F and G, as presented on the Consent Agenda. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA Councilmember Marcott asked that Consent Agenda Item F be removed from the Consent Agenda for further discussion. COUNCIL ACTION — RESOLUTION NO. R2005-57 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO UTILIZE FUNDS FROM THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS FOR A CRIME VICTIMS ASSISTANCE PROGRAM AND EXECUTE ANY AGREEMENTS NECESSARY TO RECEIVE SAID FUNDS. Mr. J.C. Doyle, Police Chief. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2005-57. Councilmember Marcott stated he pulled this item because he thinks it is important for health, safety, and welfare. He had the opportunity to visit with a victim of crime and this person was very pleased how Crime Victim Liaison Gina Mendez conducted herself and helped during his or her time of need. This item would allow the City to apply for a grant in order to help with some of the services. He supports this item. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Page 6 of 31 — 7: 00 p.m. 3/28/2005 Motion Passed 5 to 0. Councilmember Marcott asked that Consent Agenda Item G be removed from the Consent Agenda for further discussion. COUNCIL ACTION — RESOLUTION NO. R2005-54 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE APPLICATION FOR GRANT FUNDS PROVIDED THROUGH THE 2005 ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM. Mr. Bill Eisen, City Manager. Councilmember Tetens made the motion, seconded by Councilmember Marcott, to approve Resolution No. R2005-54. Councilmember Marcott stated he pulled this item because it also important for health, safety, and welfare. He stated the EMS Director Jeff Sundseth has made an application for a grant for additional equipment needed in the EMS Department. Applications for these funds are a good thing and very important. He commended EMS Director Jeff Sundseth. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS COUNCIL ACTION — REMOVE FROM TABLE ORDINANCE NO. 509-753. City Council. Councilmember Owens made the motion, seconded by Councilmember Cole, to remove Ordinance No. 509-753 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. 509-753 — 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 Page 7 of 31 — 7: 00 p.m. 3/28/2005 OF CERTAIN REAL PROPERTY LOCATION BEING 2.00 ACRES, WILLETTS SUBDIVISION, ABSTRACT 70, W.D.C. HALL SURVEY, LOT 2, 2C, 2D, 2C1, 2D1, AND 2E, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF FM 518 (BROADWAY STREET), AND EAST OF HAMM ROAD) (APPLICATION NO. 1200 & SPECIFIC USE PERMIT APPLICATION NO. 138) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO GENERAL BUSINESS DISTRICT — SPECIFIC USE PERMIT (GB(S)), A SPECIFIC USE PERMIT FOR STORAGE AND MINI -WAREHOUSE, AT THE REQUEST OF ROBERT MCCONNELL AND GJR INVESTMENT MANAGEMENT, INC., APPLICANT FOR TEXAS NO. 4, 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. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-753 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. 1200 & Specific Use Permit Application No. 138 with the assumption that the applicant will apply to all City Codes and Ordinances applicable, no Certificate of Occupancy, temporary or permanent, would be issued until the entire property complies with current City Codes and Ordinances, and the applicant would construct an opaque masonry fence where the property butts up against a residential zoning district. City Manager Bill Eisen stated this item was on a previous Council Agenda and was tabled at that time until some issues could be resolved. This action involves an existing center. The applicant's intent is to refurbish the center and also retain the center. Councilmember Marcott asked if Staff has determined whether or not the property has to be platted. City Attorney Darrin Coker stated the property will not require platting Councilmember Marcott stated there were some exhibits included within the documents specifying the requirements. He asked that the applicant agree to those terms on the record. There has been some difficulty in the past with agreement requirements. He want to ensure the opaque masonry fence is eight feet, the landscaping is followed, and the fire sprinklers are placed on the property. Representative of the applicant, Chris Bynum, stated the document before Council has been discussed with Staff at length. The applicant will abide by this Ordinance. City Attorney Darrin Coker gave a brief clarification regarding the exhibits contained within the Ordinance. The letter sequence was changed due to adding additional Page 8 of 31 — 7: 00 p.m. 3/28/2005 exhibits. This will be amended prior to being executed. Councilmember Owens stated this would be a positive for the current property. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, and Cole. Voting "No" Councilmember Marcott. Motion Passed 4 to 1. FIRST READING OF ORDINANCE NO. 509-762 — 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 7.20 ACRES OF LAND OUT OF LOT 41, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, PART OF SUBURBAN GARDENS SUBDIVISION, OF SECTION 1, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 310, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT AS RECORDED IN VOLUME 2, PAGE 107-108, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF HUGHES RANCH ROAD (CR 403), AND ON THE WEST SIDE OF BROOKNEY STREET) (APPLICATION NO. 1210) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (R -E) AT THE REQUEST OF C & D CONSTRUCTION, APPLICANT FOR LEASE A LOT, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-762 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. 1210. City Manager Bill Eisen stated it is a seven acre tract of land located on the south side of Hughes Ranch Road. The intent of the applicant is to construct single-family residences. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens Voting "No" None. Page 9 of 31 — 7: 00 p.m. 3/28/2005 Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-763 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING LOTS 65A AND 66A, FIGLAND ORCHARD SUBDIVISION, ABSTRACT 240, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 5930 FITE ROAD) (APPLICATION NO. 1212) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF RORY C. WILCOX, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-763 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. 1212. City Manager Bill Eisen stated the applicant submitted the request in order to build one single-family home on the site. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-764 — 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 4, BLOCK 7, HICKORY CREEK PLACE, SECTION 7, ABSTRACT 219, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 2213 MELANIE LANE) (APPLICATION NO. 1216) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF DAVID E. NUGENT, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. Page 10 of 31 — 7: 00 p.m. 3/28/2005 Councilmember Cole made the motion, seconded by Councilmember Marcott, to approve Ordinance No. 509-764 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. 1216. City Manager Bill Eisen stated the property is currently occupied by one single-family home. The applicant would like to build an accessory building to the single-family home. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-765 — 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 1.6053 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. 1211) FROM CLASSIFICATION ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (R -E) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF AFIS AND NICHOLE OLAJUWON, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-765 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. 1211. City Manager Bill Eisen stated the Planning & Zoning Commission indicated during the time of the negative recommendation that the requested zoning is not consistent with the lot size as recommended by the Comprehensive Plan. The Ordinance would require a three-quarters vote of approval from Council in order to be approved. Voting "Aye" None. Page 11 of 31 — 7: 00 p.m. 3/28/2005 Voting "No" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Motion Failed 5 to 0. FIRST READING OF ORDINANCE NO. 509-766 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING LOTS 1, 2, 13, AND 14, BLOCK 2, OF CAS CON ACRES, ABSTRACT 509, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF HARKEY ROAD, ON THE SOUTH SIDE OF WILLOW STREET, AND ON THE NORTH SIDE OF COTTONWOOD STREET) (APPLICATION NO. 1215) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF E. M. POLKER AND RICK BRUMLEY, 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. Mr. Nick Finan, Executive Director of Community Services. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-766 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. 1215. City Manager Bill Eisen stated the Planning & Zoning Commission indicated that during the time of the negative recommendation the zone change is not in conformance with the Comprehensive Plan and the proposed change could potentially have a negative impact on the surrounding residentially zoned districts. It would take a three-quarters vote from Council in favor of the Ordinance in order for it to be approved. Corby Callaway, 2103 Whitebranch, addressed Council and stated he is a Realtor currently representing the applicant. He briefly addressed eight questions regarding economic enhancement, esthetic enhancement, vision & goals for the property, land use, impact of development, property access, use compatibility with neighboring area, and health, safety, & welfare benefits. He gave some additional comments regarding the current site and how much more it would cost to remove the old buildings on the site and sell the property for residential use. There are several properties in the area that are used commercially. Kathy Cochran, 6006 Cottonwood, addressed Council and stated she would like Council to deny this request because it is a residential community. A strip center would be a Page 12 of 31 — 7: 00 p.m. 3/28/2005 detriment to the community. She asked that the neighborhood stay residential. Joe Cochran, 6006 Cottonwood, addressed Council and stated he supports the Planning & Zoning Commission in their denial of the application. Councilmember Cole stated he does not see anything marked as business related on the Zoning Map for this area. Executive Director of Community Services stated there are some non -conforming uses in the area. There is no commercial zoning in the immediate area. Voting "Aye" None. Voting "No" Cole, Marcott, Viktorin, Owens, and Tetens. Motion Failed 5 to 0. FIRST READING OF ORDINANCE NO. 509-767 — 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 104.89 ACRES OF LAND, OUT OF TRACTS 83, 84, 85 AND 86, OUT OF THE ZYCHLINSKI SUBDIVISION OF SECTION 3 AND 4, H.T. & B.R.R. COMPANY SURVEY AND R.B. LYLE SURVEY, ABSTRACTS 232 AND 543, AS RECORDED IN VOLUME 29, PAGE 43, DEED RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 4501 KNAPP ROAD) (SPECIFIC USE PERMIT APPLICATION NO. 140) FOR A SPECIFIC USE PERMIT FOR A PIPE PROCESSING FACILITY IN THE LIGHT INDUSTRIAL DISTRICT (M -1(S)) AT THE REQUEST OF JOHN ANDREWS, APPLICANT FOR SHAWCOR PIPE PROTECTION LLC, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-767. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Specific Use Permit Application No. 140. City Manager Bill Eisen stated the location is currently operated by a large pipe yard. The change in zoning would allow for some additional types of pipe building to take place at the location and to ensure the company is in legal compliance. This issue was Page 13 of 31 — 7: 00 p.m. 3/28/2005 first considered during a Joint Public Hearing of the Council and Planning & Zoning Commission and during that time there was some question regarding the property ending right at Main Street. The applicant did clarify that the drawing displaying this was incorrect and the property line is not connected to main street. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-768 — 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 522.62 ACRES OF LAND, SITUATED IN THE H.T. & B.R.R. COMPANY SURVEY, SECTION 80, ABSTRACT 564, AND SECTION 84, ABSTRACT 538, BEING ALL OF A CALLED 120.134 ACRE TRACT OF LAND DESCRIBED IN A DEED RECORDED VOLUME (90) 820, PAGE 217, VOLUME (91) 866, PAGE 357 AND VOLUME (92) 994, PAGE 172 ALL OF THE BRAZORIA COUNTY DEED RECORDS, AND LOTS 3 THROUGH 8, 11 THROUGH 18, 20 THROUGH 26, 27 THROUGH 34, LOTS 37 AND 38 AND THE WEST ONE- HALF OF LOT 39, ALL OF LOTS 42, 43, 44, 45, 52 THROUGH 55, AND 8.11 ACRES OF LOT 56 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION RECORDED IN VOLUME 2, PAGE 98 OF THE BRAZORIA COUNTY MAP RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF BROADWAY STREET (CR 92), ON THE NORTH SIDE OF COUNTY ROAD 59, AND ON THE EAST AND WEST SIDES OF COUNTY ROAD 48) (APPLICATION NO. 1217) FROM CLASSIFICATION PLANNED UNIT DEVELOPMENT DISTRICT (PUD) TO PLANNED UNIT DEVELOPMENT DISTRICT (PUD), AN AMENDMENT TO THE EXISTING PUD FOR SOUTHERN TRAILS, AT THE REQUEST OF KERRY R. GILBERT AND ASSOCIATES, INC., APPLICANT FOR ASHTON SOUTHERN TRAILS JOINT VENTURE, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-768. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for denial of Application No. 1217. Page 14 of 31 — 7: 00 p.m. 3/28/2005 City Manager Bill Eisen stated the Planning & Zoning Commission had a vote of three to three, which would make for a negative recommendation. It would require a three- quarters vote from Council in favor of the request in order to be approved. The request is for some entry monuments in the Southern Trails Subdivision. The commissioners who voted against the Ordinance stated the signage of the monument should comply with applicable Ordinances. No similar amendments of this nature have been approved before, the applicant is not proposing masonry fencing between the residential lots and the church tract, and the Planning & Zoning Commission has some concerns with setting precedence for other properties. Randall Riley, 15810 Park Ten Place, addressed Council and stated he is a consultant for Ashton Southern Trails. He distributed some additional exhibits for the proposed monuments. He stated the masonry fencing between residential lots and the church tract is not required. He gave a brief description of the entry signs in regards to height, letter paneling, and towers. He stated the walls would be a part of the overall lake system. He asked Council for approval of the signage amendment. Mayor Reid gave some brief comments regarding the two exhibits given to Council. He stated he preferred Exhibit B. This is very good look in regards to structure. Executive Director of Community Service Nick Finan stated Staff did not have a recommendation, but did note that there are other developments in the area. This signage was recommended and approved on Shadow Creek Ranch's entry signage. The difference in allotment is based upon the Planned Unit Development document. Discussion ensued among Council and Staff regarding Southern Trails entry monuments. Planning & Zoning Commissioner Ruby Sandars stated this particular item was being dealt with as an amendment and not the entire Planned Unit Development. This made a difference to some commissioners. Councilmember Cole stated he understands that every Planned Unit Development is on a stand alone basis, but he wants to know about the similarities of this signage in comparison to the signage of Shadow Creek Ranch. Executive Director of Community Services stated the signage would be similar, but Shadow Creek Ranch signage is larger. Randall Riley stated the signage for Shadow Creek Ranch is much larger; however, the reason for this size is because of the distance and viewing area of the sign. The sign is distant and therefore has to be larger in order to be seen. Councilmember Cole stated he does not see anything wrong with the signage Page 15 of 31 — 7: 00 p.m. 3/28/2005 amendment, especially with the signage being distant. He did not understand why the masonry fencing was included within the commissioners' reasons for the negative vote, since this did not apply to the development. Executive Director of Community Services Nick Finan stated on the original recommendation, there was a number of things that were presented that have been removed at the hearing with Planning & Zoning. Mayor Reid gave a brief explanation of the visual perspective when far away from an object. Mayor Pro -Tem Viktorin asked about the Planned Unit Development procedures that were discussed during the beginning of the year. Executive Director of Community Services Nick Finan stated meetings are taking place regarding the formalization of the procedures. Staff has met with the Planning & Zoning Commissioners to ensure discussions between the developers and commission take place regarding changes prior to the item reaching Council's discussion. Council is seeing the finalized version after the commissioner's have seen the changes and finalized version. Mayor Pro -Tem Viktorin asked for a timeframe on seeing the formalized procedures. Executive Director of Community Services Nick Finan stated it would be most likely July before the formalized procedures are completed and forwarded to Council for approval. The issues are clearly defined at this point prior to coming before Council. Voting "Aye" Councilmembers Owens, Viktorin, and Cole. Voting "No" Councilmembers Tetens and Marcott. Motion Failed 3 to 2, due to a needed three-quarters vote in favor of the Ordinance. COUNCIL ACTION — RESOLUTION NO. R2005-61 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S COMPREHENSIVE ANNUAL FINANCIAL REPORT AS PREPARED BY THE ACCOUNTING FIRM OF PATTILLO, BROWN AND HILL. Ms. Andrea Gardner, Director of Finance. Councilmember Cole made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2005-61. City Manager Bill Eisen stated every year the City goes through an audit of the City's financial statements, as well as a review of internal controls currently in place. The Page 16 of 31 — 7: 00 p.m. 3/28/2005 manager of the Firm of Patillo, Brown and Hill is here to discuss the audit report John K. Manning of Patillo, Brown and Hill stated a meeting took place with the Finance Committee prior to tonight's meeting. He gave a brief overview of the City's Financial Report. The independent Auditor's Report is within the document and it states that the information provided by the City is materially correct. This is an unqualified opinion out of four types of opinions. This is the highest level of assurance that can be given as auditors. It is called unqualified because if there were numbers on the general ledger group that were unable to be ascertained, then that would be considered a qualification. The City is in the process of applying for grants. Grantors want to make sure that entities have an unqualified opinion in regards to financial reports. He continued to explain the governmental financial activities within the City. He explained once the City has accessed its current streets and roadways, then the City would be able to add financial information regarding the assets of the City's streets and roadways. He continued his report detailing information regarding the City's general fund. Discussion ensued among Council and Mr. Manning regarding completion details for determining the assets of the streets and roadways. Mr. Manning stated with the City's current technology, he believes the asset information of the City's infrastructure could be determined. Deputy City Manager Alan Muller stated the roads have been inventoried, but there is no value placed on the roads. City Manager Bill Eisen stated there is a current contract regarding some City assets regarding buildings and capital equipment. Mr. Manning stated the amount for the buildings and capital equipment is included in the current report. Additional discussion ensued among Council and Mr. Manning regarding the method that will be used in determining the value of streets and roadways. Mr. Manning stated a management letter with comments regarding internal controls would be provided to Council once the Finance Committee has had time to review it. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. Page 17 of 31 — 7: 00 p.m. 3/28/2005 COUNCIL ACTION — BUDGET AMENDMENT FOR TURNER, COLLIE & BRADEN INC. FOR PEARLAND MOBILITY & DRAINAGE BOND PROGRAM. Mr. Bill Eisen, City Manager. Councilmember Tetens made the motion, seconded by Councilmember Owens, to discuss the budget amendment for Turner, Collie & Braden Inc. for the Pearland Mobility & Drainage Bond Program until further clarification is discussed. City Manager Bill Eisen stated there are a couple of reasons for this item. This item is an accrual of various work authorizations that have been done to date with Turner, Collie and Braden. This has been done to ensure proper allocations of cost. The information shows the actual contracted amount versus the amount that will actually be spent. Councilmember Cole asked for information regarding the current billing system and purpose of allocating from one project to another. He thought it would come in billed attached to a particular project. He stated that everything completed seems to be on a percentage basis. He asked for information on why the contracts issued by Turner, Collie and Braden to other engineers are on lump sum. Project Director Joe Wertz stated this was first presented to him late last year. The Project Department Staff has been trying to work out some of the details. He gave information regarding how this was created. It first started out with an amount that was allocated based on different projects by Turner, Collie and Braden. He stated the smaller projects began to go over and the larger projects were lower. Limits authorized by Council were being bumped into. All the bills for Turner, Collie and Braden have not been paid because this is not sorted out. The end result is the information now being sorted out with explanation. Councilmember Marcott stated the information does not really tell the Council anything. This information may help the Projects Department, but Council does not know what applies to what in regards the work authorizations and supplements. A brief discussion ensued among Council regarding the work authorizations and supplement. Project Director Joe Wertz stated that he could provide Council with more detailed information in order to help Council understand the work authorizations and the supplements. Councilmember Owens stated that some of the work authorizations have change orders as well. Additional discussion ensued among Council and Staff regarding work authorizations Page 18 of 31 — 7: 00 p.m. 3/28/2005 and allocation of funds. Councilmember Cole made the motion, seconded by Councilmember Owens, to table the budget amendment for Turner, Collie, & Braden Inc. for the Pearland Mobility & Drainage Bond Program. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-59 — 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 BRIDGEFARMER AND ASSOCIATES FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE MAGNOLIA ROAD EXPANSION PROJECT (SEGMENT 2). Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2005-59. City Manager Bill Eisen stated recently City Council awarded an engineering contract for a section of the Magnolia Road Project. This current item is asking Council to consider the engineering design for the second section. The proposed recommended firm is Bridgefarmer & Associates. Councilmember Marcott asked for the area covered by the engineering design. Deputy City Manager Alan Mueller stated previous design did not include all four lanes of the bridge. Project Director Joe Wertz stated he had a meeting with John Speed, who is the proposed Project Manager for Bridgefarmer. Mr. Speed was previously employed with Dannenbaum Engineering. He worked on the overpass project the City had with Texas Department of Transportation. Councilmember Cole asked if any information is known about Bridgefarmer. Project Director Joe Wertz stated it is located near Austin. John Speed of Bridgefarmer stated the company was founded in Dallas approximately twenty-five years ago. He stated the company is dedicated to the design of transportation systems. The company has completed this type of project before, and Page 19 of 31 — 7: 00 p.m. 3/28/2005 feels they can find the City some savings. A brief discussion ensued among Council and Staff regarding the current progress with Texas Department of Transportation. Councilmember Cole stated this is a company that is not based here. This is the highest profiled project within the community. He has some concerns about this. John Speed gave some additional information regarding Bridgefarmer. Councilmember Owens stated he does not know of any contracts Bridge Farmer has had in Harris County. He stated Bridge Farmer has done some work as sub - consultants. He asked for Mr. Speed's office location. Mr. Speed stated his office is located in Pflugerville, Texas. Councilmember Owens asked for the details showing the company's profit built into the contract. Mr. Speed stated the company does not have very much overhead. So the amount detailed should cover everything. Councilmember Owens made reference to the $9000 travel expense. This expense shows that Mr. Speed would not be very close to the project. Mr. Speed stated that much of the travel expense is hotel coverage while he is here working on the project. Councilmember Marcott asked for details on the timeframe of the project. Project Director Joe Wertz stated the timeframe of the project should be a little over a month. Councilmember Owens stated he feels Councilmember Cole brought up a good point. This is a high profile project. A previous high profile job was awarded to a smaller firm. He hopes nothing goes wrong with these projects, but he does have some concerns of the two contracts on the highest profiled jobs being awarded to a small firm and an out of town firm. Mr. Speed assured Council that this project would be done in a timely manner and it would be a good product. Councilmember Owens suggested that Bridge Farmer open up a local office in the area. Page 20 of 31 — 7: 00 p.m. 3/28/2005 Mr. Speed stated the company has been in discussion regarding a local office. Councilmember Owens made the motion to table. Motion Failed for lack of a second. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, and Tetens. Voting "No" Councilmembers Owens. Motion Passed 4 to 1. COUNCIL ACTION — RESOLUTION NO. R2005-60 — 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 TOLUNAY-WONG ENGINEERS, INC. FOR GEOTECHNICAL STUDY SERVICES ASSOCIATED WITH THE MAGNOLIA ROAD EXPANSION PROJECT, Mr. Bill Eisen, City Manager. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2005-60. City Manager Bill Eisen stated this is a geotech contract for the Magnolia Road Project. Tolunay-Wong is being recommended. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-58 — 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 GC ENGINEERS FOR TRANSPORTATION MODELING SERVICES. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2005-58. City Manager Bill Eisen stated this agenda items relate to the development of the transportation model. Certain kinds of improvements will be reviewed regarding the transportation system. This would also help Council in the future in making decisions regarding the ranking of certain projects. Page 21 of 31 — 7: 00 p.m. 3/28/2005 Michael Klaus, 5016 Groveton, addressed Council and stated he is very happy to hear that the City is utilizing in house capabilities for transportation modeling. He stated one thing that the City has determined is that the growth, transportation, and drainage issues are becoming inter -related. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1177-1 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 1177, THE 2004-2005 ANNUAL BUDGET ORDINANCE, BY AUTHORIZING CERTAIN ALTERATIONS TO THE GENERAL FUND (FINANCIAL PLANNING DEPARTMENT PERSONNEL FOR MUNICIPAL PURPOSES); AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO FACILITATE THE CHANGES IDENTIFIED HEREIN WITHOUT FURTHER APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ADJUST THE CITY BUDGET INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 1177-1 on its first reading. City Manager Bill Eisen stated this is the kind of item that he does not like to present because it is a consideration of making some changes to the current budget in mid- year, as it relates to additional personnel needs. He does think there are a couple of areas he feels need to be addressed mid -year rather than wait until the end of the year. It involves an accountant position in the Finance Department and timely reporting to the Council and City Manager. The other area is Utility Billing. Meg McNulty is the new Manager of Utility Billing. The new position would allow for a person to work in delinquent accounts. The departments would be able to work in greater depth than of the past. Significant strides have been made in the areas of delinquent accounts, but routine billing is being increased and some of the previous additional staffing is being absorbed in this area. Ms. McNulty has had the chance to evaluate the current departmental needs and feels additional staffing is needed. Councilmember Marcott asked if a Delinquent Account Specialists was added previously in this year's budget. Page 22 of 31 — 7: 00 p.m. 3/28/2005 City Manager Bill Eisen stated yes a Delinquent Account Specialists was added. At that time it was believed that it would help the department to do the delinquent account collections. Getting further into this, it has been determined that if an added position was available, then this would increase the department's efforts even more. Approximately $100,000 in delinquent accounts has been collected. Councilmember Marcott asked if the Delinquent Account Specialists have been working in that specific area solely. City Manager stated the people staffed in that area have been working with delinquent accounts, but he cannot necessarily say that any one person has worked 100% on one particular function within the department. The new person added has been working on the delinquent accounts the majority of the time within the department. Councilmember Marcott stated he thought it was intended for the added position to work on delinquent accounts only, but it now said that temporary employees have been working on delinquent accounts. He does not understand. City Manager Bill Eisen stated the department has utilized the people they have within the department as best as possible to maintain routine billing and delinquent accounts collections. It is believe that the department would be more effecient with some additional help. Director of Finance Andrea Gardner stated the temporary employee is focusing solely on delinquencies, but that is not to say that no one else within the department is working on delinquencies. Councilmember Marcott stated a full-time employee was authorized to work this position and he is confused. City Manager stated there were actually three positions filled in the Utility Billing Department. One position was for turn on and turn offs of accounts. The other two positions were to work within the office, one working on delinquent accounts and the other doing a combination of work. It has been identified by the new manager within the department, that effective utilization of personnel was needed. A number of delinquent accounts with significant dollar amounts exist. Addition personnel would increase the efforts of what currently has been taking place within the department. Councilmember Owens asked for the number of employees currently in the Utility Billing Department. Utility Billing Manager Meg McNulty stated there are seven people in the Utility Billing Department. She gave some clarification regarding the current personnel changes Page 23 of 31 — 7: 00 p.m. 3/28/2005 within the department to ensure coverage when someone is absent. Councilmember Marcott stated it seemed as if the previous person assigned to delinquent accounts had been pulled away to work on other things within the department. City Manager Bill Eisen stated the department currently has a new manager who is capable of seeing the staffing needs currently. This may not be exactly what was asked for prior to the new manager coming within the department, but she is experienced and has been able to look at the needs of the department currently. Councilmember Owens asked if three weeks of vacation is still a benefit for new employees. City Manager Bill Eisen stated after a new employee has worked with the City for a year, they are entitled to three weeks of vacation. Councilmember Owens stated this is something the City needs to look at. He does not know any other business that gives new employees 3 weeks of vacation. 900 weeks a year is the current amount of vacation the City has with the current employees. This may be the cause for some of the staffing problems within smaller departments and sections. Councilmember Cole asked if a customer could currently receive online billing. Utility Billing Manager Meg McNulty stated a customer could currently look at their bill online. Councilmember Cole asked if a customer could pay their bill online. Utility Billing Manager Meg McNulty stated a customer cannot currently pay online, but should be able to by the end of the year. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-55 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE CITY HALL COUNCIL CHAMBER. Mr. Bill Eisen, City Manager. Page 24 of 31 — 7: 00 p.m. 3/28/2005 Councilmember Tetens made the motion, seconded by Councilmember Marcott, to approve Resolution No. R2005-55. City Manager Bill Eisen stated this item relates to phase one of the renovation of the Council Chambers. There is also a phase two that will take place at a later time, due to the amount of funding that is available, versus the cost of the project. The item this evening includes changing out the carpet and adding some additional desk space for various staff personnel, and removal of the back wall for additional seating that is handicap accessible. There is also a proposal for the removal of the current seats and replacing them with new seats. Removing the current seats and setting them back in during the carpeting process would cost as much to replace them. Parks and Recreation Director Rhonda Cyrus displayed samples for the carpeting and seating choices. All the fixed items will be completed during phase one. This will be done within five days, starting June 8. The Court will be able to work with this scheduling and a back-up plan is in place in case it runs over a few days. Phase two would include Council seating, additional tables, and other items. Councilmember Marcott asked if additional facilities are being looked at to provide opportunity of televising. Parks and Recreation Director Rhonda Cyrus stated the televising is not a part of the current item. This could be considered in phase two. Michael Klaus, 5016 Groveton, addressed Council and stated it would cost the City $28.50 per square foot for this renovation. He has walked around the Council Chambers and looked for chairs that were damaged and damaged carpeting. He stated most of the chairs are in very good condition. The carpet is in fairly good shape. He is concerned about the spending of $74,000 to do an upgrade for something that is used a small percentage of time in this configuration. However, if this is currently taking place because of the court sessions, then that is fine, but another building will soon be built for Court separately. He feels some changes are fine, but the City should not spend this amount of money. Mr. Klaus stated technology exists that will take away the current problem of feedback coming from the microphones. Parks and Recreation Director Rhonda Cyrus completed her presentation of the carpet sampling and fabric sampling for the chairs. A brief discussion ensued among Council regarding the samples and the current issue of replacing the seating. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Page 25 of 31 — 7: 00 p.m. 3/28/2005 Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1207 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE PLACEMENT AND REMOVAL OF VARIOUS STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND; 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 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. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Cole, to approve Ordinance No. 1207 on its first and only reading. City Manager Bill Eisen stated this item is relating to stop signs that are currently in place and serve no purpose at this time. It is recommended that they are removed and later evaluated when there is a purpose for the signage. Public Works Director Jerry Burns stated discrepancies were noticed by the street personnel, and citizens have also called regarding stop signs that are not needed. Some of the areas are in developments that have no homes and some are other community areas. Councilmember Marcott stated the stop signs are determined when the developments are platted. Public Works Director Jerry Burns stated that some of the stop signs are in areas that do not need a stop sign. Councilmember Marcott stated he has a problem with taking down stop signs that may have to go back up at a later time. Some of the signage is not needed. Discussion ensued among Council and Staff regarding the removal of stop signs. Councilmember Cole stating his concerns regarding possible areas being used as cut through traffic and the Homeowners' Associations need to be notified prior to the removal of any stop signs. Additional discussion ensued among Council regarding stop signs and notifying the Homeowners' Associations. Page 26 of 31 — 7: 00 p.m. 3/28/2005 Councilmember Cole made the motion, seconded by Mayor Pro -tem Viktorin, to table Ordinance No. 1207 on its first and only reading. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called a recess at 10:35 p.m. Mayor Reid called the meeting back to order at 10:45 p.m COUNCIL ACTION — RESOLUTION NO. R2005-53 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH FREESE AND NICHOLS, FOR ENGINEERING SERVICES ASSOCIATED WITH THE RELOCATION OF WATER/SEWER LINES FOR THE WIDENING OF MARY'S CREEK AT STATE HIGHWAY 35. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2005-53. City Manager Bill Eisen stated the Drainage District is currently working on this project. They are doing some shelving and widening of sections of Mary's Creek. This may actually tie into the project in which the City has submitted a grant. It involves some relocation of some water lines and sewer lines in the area that need to be moved in order to accommodate the widening and creek improvement. Council is being asked to consider the engineering contract. The recommended firm is Freese and Nichols. Councilmember Marcott stated the engineering on the project is approximately $40,000 and the total project is $140,000. The engineering cost is expensive. Public Works Director Jerry Burns stated the engineering cost includes the surveying work and the geotech work. City Manager Bill Eisen stated approximately $12,000 of the $40,000 is for subcontracts. Councilmember Marcott asked if this is something the City has to do at the present time. Public Works Director Jerry Burns stated the County is currently digging in various areas. He gave details regarding the widening phase of the project and the proposed bridge. Page 27 of 31 — 7: 00 p.m. 3/28/2005 Discussion ensued among Council and Staff regarding the project and working in conjunction with the Drainage District. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-62 — 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 STATE OF TEXAS FOR IMPROVEMENTS TO THE SH 288 FRONTAGE ROADS. Mr. Alan Mueller, Deputy City Manager. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2005-62. City Manager Bill Eisen stated items Resolution No. R2005-62 and Resolution No. R2005-63 are related. Both are associated with the southbound frontage road on SH 288 from Beltway 8 to Shadow Creek Ranch. The State has money available to do the project; the timing is not the same. To ensure the project moves forward as quickly as possible, the City is having a private engineering firm complete the design of the service road segment. Texas Depart of Transportation will not enter into an agreement with a project developer. They will enter into an agreement with the governmental entity sponsoring the project. The first contract is between the City and the Texas Department of Transportation and second contract is between the City and Poag & McEwen. A brief discussion ensued among Council and Staff regarding the ownership and development of the property. Voting "Aye" Councilmember Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-63 — 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 POAG & MCEWEN LIFESTYLE CENTER -HOUSTON, LLC ASSOCIATED WITH IMPROVEMENTS TO THE SH 288 FRONTAGE ROADS. Mr. Alan Mueller, Deputy City Manager. Page 28 of 31 — 7: 00 p.m. 3/28/2005 Councilmember Cole made the motion, seconded by Councilmember Owens, to approve Resolution No. R2005-63. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1209 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 7, BUILDING, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION 7-13, ENTITLED ADOPTED; SECTION 7-13.1, ENTITLED AMENDMENTS; MODIFICATIONS; ADDITIONS; DELETIONS, SECTION 7-51, ENTITLED ADOPTION OF REGULATIONS; CONFLICTING PROVISIONS, AND SECTION 7-51.1, ENTITLED AMENDMENTS; MODIFICATIONS; ADDITIONS; DELETIONS, HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Nick Finan, Executive Director of Community Services. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1209 on its first reading as amended to be effective June 1, 2005 in order to have ample time of notification regarding the code changes. City Manager Bill Eisen stated Ordinance No. 1209, Ordinance No. 1210, and Ordinance No. 1211 are similar. All of these are updates to the Building Code. The Planning & Zoning Commission has evaluated changes in the codes with the exception of fire and life safety codes. A recommendation of accepting the fire and life safety codes is given. These would include the most current versions of the existing codes. There are no significant changes, but they are the most up-to-date changes. Discussion ensued among Council and Staff regarding possible issues that will take place once the codes are updated. Executive Director of Community Services stated the changes would not really have an effect. There are some commercial codes that will change. The majority of the developers have already chosen to use the 2003 codes. Councilmember Cole asked for details regarding what is within the current codes that are less restrictive than the 2003 codes. Discussion ensued among Council and Staff regarding the improvements within the Page 29 of 31 — 7: 00 p.m. 3/28/2005 building sprinkling systems and fire rating. Councilmember Marcott stated changes have been recently made to the codes and wanted to know the reason for not adopting this set of codes initially. Executive Director of Community Services Nick Finan stated previously there were some concerns with Planning & Zoning. They were working on some other things in the process seeing what minor changes needed to take place within the codes. Mayor Pro -Tem Viktorin asked if there is any specific area that will cause arrest. He is concerned about the business community. If he receives calls regarding the changes he wants to be able to explain why the changes were made. Additional lengthy discussion ensued among Council and Staff regarding the code changes and the notification of business owners within the community regarding the changes. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1210 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 23, PLUMBING AND GAS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION 23-1, ENTITLED ADOPTION OF REGULATIONS; CONFLICTING PROVISIONS; SECTION 23-1.1, ENTITLED AMENDMENTS; MODIFICATIONS; ADDITIONS; DELETIONS, SECTION 23-161, ENTITLED ADOPTION OF REGULATIONS; CONFLICTING PROVISIONS, AND SECTION 23-161.1, ENTITLED AMENDMENTS; MODIFICATIONS; ADDITIONS; DELETIONS, HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Nick Finan, Executive Director of Community Services. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 1210 on its first reading, as amended to be effective June 1, 2005 in order to have ample time of notification regarding the code changes. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Page 30 of 31 — 7: 00 p.m. 3/28/2005 Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1211 — 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. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 1211 on its first reading, as amended to be effective June 1, 2005 in order to have ample time of notification regarding the code changes. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens Voting "No" None. Motion Passed 5 to 0. ADJOURNMENT Meeting was adjourned at 11:24 p.m. Minutes approved as submitted and/or corrected this the 25th day of April , 2005. ATTEST: Tom Reid Mayor Page 31 of 31 — 7: 00 p.m. 3/28/2005