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2001-01-08 CITY COUNCIL REGULAR MEETING MINUTES249 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 8, 2001, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Tom Reid Mayor Pro -Tem Klaus Seeger Councilmember Helen Beckman Councilmember Woody Owens Councilmember Larry Marcott Interim City Manager Alan Mueller City Attorney Darrin Coker City Secretary Young Lorfing Absent: Councilmember Larry Wilkins. Others in attendance: Manager of Administrative Support Tobin Maples; Police Chief J.C. Doyle; City EngineerJohn Hargrove; Community Relations Liaison Phibi Vassallo; Director of Community Development and Services Gene Tumlinson; Parks and Recreation Director Ed Hersh; Public Works DirectorJerry Burns; Assistant City Attorney Nghiem Doan; Project Manager Michael Ross; Purchasing Officer Gordon Island; Lt. Ron Fraser; Fire Marshal Larry Steed; Deputy City Secretary Melinda K. Welsh. The invocation was given by Planning and Zoning Commission Member Richard Tetens and the Pledge of Allegiance was led by Chief of Police J.C. Doyle. MAYOR'S ACTIVITY REPORT: Mayor Reid introduced Lucy Pannell, Customer Relations Manager for Texas -New Mexico Power Company. Ms. Pannell addressed Council and stated she is a volunteer and also the Legislative Chair for Brazoria County Days, an event which is being held March 19 - 20, 2001 in Austin, Texas. She gave a brief overview describing the activities planned for this event which will be held during the upcoming legislative session. In closing, she reported that this event allows Brazoria County citizens to speak to Legislators to let them know the issues relating to our area. Mayor Reid reported that his holidays were nice. COUNCIL ACTIVITY REPORTS: Page 1 of 18 - 1/8/2001 C5F0 Councilmember Beckman reported that she attended the Brazoria County Partnership meeting on January 3. She would also like to thank Staff for consistently getting their packets to them on Thursdays. Councilmember Owens did not have a report. Mayor Pro -Tem Seeger did not have a report. Councilmember Marcott reported he went by Centennial Park last Saturday where the City put rainbow trout in the pond. He also discussed the upcoming Winterfest and reported the previous year his granddaughter enjoyed the snowballs. CITY MANAGER'S REPORT: Interim City Manager, Alan Mueller, introduced Police Chief J.C. Doyle who presented Police Officer Kelly Carson and Yonni, a 2 -year-old black Labrador, who is State Certified in Narcotics Detection and tracking people. Officer Carson is also a State Certified Handler. Interim City Manager; Alan Mueller, reported the Fiscal Year 1999 Annual Financial Report was selected for the Government Finance Officers Award. He further reported that the number of building permits increased from 536 in 1999 to 818 in 2000. He stated Fite - Harkey Sewer Interceptor Project was slated to begin today. He further stated that the Cullen Water and Sewer Project is underway. Mr. Mueller reminded everyone that on Monday, January 15, there will be a Joint Public Hearing on the revisions to the Thoroughfare Plan and revisions to Subdivision Code and Land Use Ordinance. CITIZENS: None DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the December 11, 2000, Public Hearing held at 6:30 p.m: 2. Minutes of the December 11, 2000, Regular Council Meeting held at 7:00 p.m. 3. Minutes of the December 11, 2000, Regular Council Meeting held at 7:30 p. M. Page 2 of 18 - 1/8/2001 251 B. CONSIDERATION AND POSSIBLE ACTION - EXCUSE ABSENCE OF COUNCILMEMBER WOODY OWENS FROM THE REGULAR COUNCIL MEETINGS HELD ON DECEMBER 11, 2000, City Council. C. CONSIDERATION AND POSSIBLE ACTION -SUBDIVISION ACCEPTANCE OF PINE HOLLOW SECTION 2. Mr. John Hargrove, City Engineer. D. CONSIDERATION AND POSSIBLE ACTION -SUBDIVISION ACCEPTANCE PINE HOLLOW SECTION 2-B. Mr. John Hargrove, City Engineer. E. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE ALEXANDER LANDING SECTION 6. Mr. John Hargrove, City Engineer. F. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 994 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS WITHIN THE CORPORATE LIMITS OFTHE CITY OF PEARLAND UPON HARRINGTON DRIVE IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH HUGHES RANCH ROAD; UPON DAWN BROOK DRIVE IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH HARRINGTON DRIVE; UPON DAWN BROOK DRIVE IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH HARRINGTON DRIVE; UPON FOREST SPRING LANE IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH HARRINGTON DRIVE; UPON FOREST SPRING DRIVE IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH HARRINGTON DRIVE; UPON CHESTNUT CREEK WAY IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH HARRINGTON DRIVE; UPON CHESTNUT CREEK WAY IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH HARRINGTON DRIVE; UPON HIDDEN FALLS DRIVE IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH HARRINGTON DRIVE; UPON HIDDEN FALLS DRIVE IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH HARRINGTON DRIVE; UPON ERIN GLEN WAY DRIVE IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH HARRINGTON DRIVE; UPON ERIN GLEN DRIVE IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH HARRINGTON DRIVE; UPON HARRINGTON DRIVE IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH BROOKSHORE LANE; UPON AUTUMN LAKE TRAIL IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH BROOKSHORE LANE; UPON AUTUMN LAKE TRAIL IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH MILLER RANCH ROAD; (AUTUMN LAKE SUBDIVISION, Page 3 of 18 - 1/8/2001 SECTION 1); 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. Darrin Coker, City Attorney. G. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 995 - 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 GLADE STREET IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH HALLMARK LANE; UPON BERKSHIRE TRACE IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH GLADE STREET; UPON COTTAGE STREET IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH GLADE STREET; UPON GLADE STREET IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH FAIR BROOK WAY; (SOUTH HAMPTON SUBDIVISION, SECTION 2); 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. Darrin Coker, City Attorney. H. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 996 - 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 ALEXANDER PARC DRIVE IN A NORTHWESTERLY DIRECTION AT ITS INTERSECTION WITH ALEXANDER LANE, UPON TERRIE LANE IN A NORTHWESTERLY DIRECTION AT ITS INTERSECTION WITH ALEXANDER LANE (ALEXANDER LANDING SUBDIVISION, SECTION 6); 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 Page 4 of 18 - 1/8/2001 253 r— UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Darrin Coker, City Attorney. I. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 997 - 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 PINE STREAM SOUTH IN A SOUTHEASTERLY DIRECTION AT ITS INTERSECTION WITH PINE LAKE DRIVE, UPON PINE SAP COURT IN A SOUTHEASTERLY DIRECTION AT ITS INTERSECTION WITH PINE LAKE DRIVE, UPON PINE KNOT COURT IN A SOUTHEASTERLY DIRECTION AT ITS INTERSECTION WITH PINE LAKE DRIVE (PINE HOLLOW SUBDIVISION, SECTION 26); 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. Darrin Coker, City Attorney. J. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 509-503 - 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 16.655 ACRES IN SECTION 17 OF THE H.T. & B.R.R. CO. SURVEY, A-242, BRAZORIA COUNTY, TEXAS, (APPLICATION NO. 957) (7434 BROADWAY STREET) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF EDWARD MALDONADO, AGENT FOR JOSE C. RODRIGUEZ, 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; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Tobin Maples, DirectorofAdministrative Support. Page 5 of 18 - 1/8/2001 254 K. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-2 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE PURCHASE OF MOBILE AND HANDHELD RADIOS. Mr. Gordon Island, Purchasing Officer. L. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE PURCHASE OF A STATIONARY GENERATOR FOR THE CITY'S WATER PRODUCTION SITES. Mr. Gordon Island, Purchasing Officer. N. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PHASE I BUILD -OUT OF THE COMMUNITY CENTER. Mr. Gordon Island, Purchasing Officer. Q. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-8 - 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 KLOTZ ASSOCIATES, INC. FOR PREPARATION OF THE TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT APPLICATION FOR THE LONGWOOD WASTEWATER TREATMENT PLANT. Mr. Jerry Burns, Public Works Director. S. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING A GENERAL WARRANTY DEED FROM THOMAS P. ALEXANDER, DAVID L. SMITH, JR., AND SAMUEL H. VESTER, JR. Mr. Darrin Coker, City Attorney. T. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING ALL PREVIOUS APPOINTMENTS OF CITY EMPLOYEES TO THE POSITION OF ASSISTANT CITY SECRETARY AND RATIFYING THE APPOINTMENT OF CERTAIN CITY EMPLOYEES TO SAID POSITION. Mr. Darrin Coker, City Attorney. Councilmember Owens asked that Consent Agenda Items M,P,R, be removed from the Consent Agenda for further discussion. Page 6 of 18 - 1/8/2001 255 Councilmember Marcott asked that Consent Agenda Item O be removed from the Consent Agenda for further discussion. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Seeger, to adopt Consent Agenda Items A through T, with the exception of Items M,O,P,R, as presented on the Consent Agenda. Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. MATTERS REMOVED FROM CONSENT AGENDA: Councilmember Owens asked that Consent Agenda Items M,P,R, be removed from the Consent Agenda for further discussion. Councilmember Marcott asked that Consent Agenda Item O be removed from the Consent Agenda for further discussion. M. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE PURCHASE OF A SELF-PROPELLED DIESEL -POWERED MOWER FOR THE PARKS AND RECREATION DEPARTMENT. Mr. Gordon Island, Purchasing Officer. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Seeger, to approve Resolution No. R2001-4. Councilmember Owens was concerned that the mower was costly and the City needs to discuss further the possibility of outsourcing a portion of the mowing. He suggested the City needs to weigh the cost versus outsourcing the mowing. Councilmember Beckman concurred with Councilmember Owens. She stated the time to look at the possibility of outsourcing is when the investment and maintenance are more than the profit that the company is making that you are outsourcing. Parks and Recreation Director, Ed Hersh, stated the $25,000 cost of the mower was approved during the budget process. He also stated the ten -foot mowing deck on the Page 7 of 18 - 1/8/2001 L56 mower would enhance the Parks Department's efficiency in mowing. He reported that this mower is in addition to equipment already in place. Councilmember Owens stated he had no problem approving this expense but would like to explore the possibility of utilizing a contractor for this task due to the high cost of fuel, maintenance and cost of equipment. He asked why the City mows FM 518 when it is a TXDot responsibility. Parks and Recreation Director, Ed Hersh, stated TXDot mows this area twice a year. He further stated that the City mows FM 518 and State Highway 35, in addition to the two times yearly TXDot mows it, to maintain its beauty. Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. O. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-6 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR A PROGRAM VEHICLE SUPPLY AGREEMENT. Mr. Gordon Island, Purchasing Officer. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2001-6. Councilmember Marcott asked if we could review the maintenance records on these vehicles before purchasing them. Purchasing Officer, Gordon Island, stated that the company we purchase the vehicles from, Enterprise, will inspect them thoroughly as will the City's Fleet Maintenance Department. Mr. Island further stated we should be able to obtain those maintenance records from Enterprise. Voting "Aye" Councilmembers Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. Page 8 of 18 - 1/8/2001 257 P. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR A SEWER REHABILITATION MAINTENANCE AGREEMENT. Mr. Gordon Island, Purchasing Officer. Councilmember Marcott made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2001-5. Councilmember Owens stated he is concerned about signing a two-year contract with per year pricing information. Interim City Manager, Alan Mueller, stated that for budgetary reasons the City has to list the price as per year instead of the total amount of the contract. He also stated the yearly price was good for both years of the contract. Councilmember Owens asked if this had reduced wastewater. Interim City Manager, Alan Mueller, reported even with the growth of the City, the volume of wastewater had lessened because of the Inflow & Infiltration Program. City Engineer, John Hargrove, stated that he fully supports the Sewer Rehabilitation Maintenance Agreement. Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott. Voting "No' None. Motion Passed 4 to 0, with Councilmember Wilkins absent. R. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-9 - 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 GEOTEST ENGINEERING, INC. FOR MATERIALS TESTING ASSOCIATED WITH THE CONSTRUCTION OF EMBANKMENTS AND CONCRETE STRUCTURES ON THE DAVID L. SMITH EAST DETENTION POND PROJECT. Mr. John Hargrove, City Engineer. Councilmember Beckman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2001-9. Page 9 of 18 - 1/8/2001 a5a Councilmember Owens stated he is concerned about the definition of concrete structures. Interim City Manager, Alan Mueller, stated the concrete structure is a diversion channel where the water will be pulled off of Clear Creek and channeled into the pond. The pond is not concrete but the weir and the conversion channel, that connects the creek to the pond, is concrete. Councilmember Owens asked if this work was part of the bid. Interim City Manager, Alan Mueller, stated this work was part of the base bid. Councilmember Marcott asked if the amount budgeted was $1.9 million and if they had started moving the dirt. Interim City Manager, Alan Mueller, stated that the amount allocated was $1.9 million for the entire project. City Engineer, John Hargrove, stated the project had not begun. When the contractor turns in their surety bonds they will begin work. Voting "Aye" Councilmembers Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. NEW BUSINESS: COUNCIL ACTION - APPOINTMENT OF FIVE (5) MEMBERS TO THE 2001 CHARTER REVIEW COMMISSION. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Beckman, to appoint Judy Zavalla, Neil West, Charles McMurrey, Bob Bratz and Bill Berger to the 2001 Charter Review Commission. Mayor Reid named Judy Zavalla to be chairperson of this Commission. City Attorney, Darrin Coker, stated these commission members would be contacted to be sworn in and to discuss when to have their first meeting. He further stated at the first meeting other officers will be elected as well as Mayor Reid addressing the Commission. Page 10 of 18 - 1/8/2001 259 Mayor Reid introduced newly appointed Commission Members Neil West and Bob Bratz, who were seated in the audience. Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott. Voting "Nd' None. Motion Passed 4 to 0, with Councilmember Wilkins absent. COUNCIL ACTION - DIRECTION TO THE PLANNING AND ZONING COMMISSION REGARDING FIVE-FOOT SIDE YARD SETBACK (SILVERLAKE). Mr. Alan Mueller, Interim City Manager. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Owens, to honor the five-foot yard setback of Silverlake and grant the variance. Interim City Manager, Alan Mueller, stated that if the original agreement, with Silverlake (Southwyck), states they are required to have a 5 -foot variance, the City should consider complying with the original intention of the development agreement and honor the previous agreement. He then introduced Tom Wilcox with Silverlake. General Manager of Silverlake Communities, Tom Wilcox, gave a brief overview and history of creating Southwyck/Silverlake. He stated that if the City requires them to change the side setback from 5 feet to 71h feet or change the size of the lots or the front setback, his company would lose $9 million and may not be able to go forward with the project. He further stated that it would be unfair for the City to ask them, at this point, to change the size of the lots. His company would lose 10% off the bottom line. Councilmember Beckman asked if the areas discussed were to be the end of development or will they develop more land. Mr. Wilcox stated that it would be his last development and should be completed by the end of the year, with the exception of townhome tracts. Further discussion ensued between Council and Mr. Wilcox regarding honoring the original agreement with Silverlake only. Councilmember Marcott stated that he is willing to approve the variance but with mixed emotions. Page 11 of 18 - 1/8/2001 261 Voting "Aye" Councilmembers Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. FIRST AND ONLY READING OF ORDINANCE NO. 1001 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 19 OF 3.6 ACRES OF LAND. Mr. Darrin Coker, City Attorney. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Seeger, to approve Ordinance No.1001 on its first reading. Interim City Manager, Alan Mueller, stated the property being considered is on Wooten Road and FM 518. The property owners have requested to be included in this Municipal Utility District. Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. COUNCIL ACTION - RESOLUTION NO. R2001-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A SANITARY SEWER FEE AGREEMENT WITH BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 19 ("MUD 19") PROVIDING FOR THE REIMBURSEMENT OF SANITARY SEWER FEES BY THE CITY TO MUD 19 FOR TEMPORARY SANITARY SEWER TREATMENT SERVICE PROVIDED TO THE CITY, Mr. Darrin Coker, City Attorney. Councilmember Beckman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2001-12. Interim City Manager, Alan Mueller, stated this annexation includes Autumn Lakes and South Hampton Subdivisions. He further stated the subdivisions agreed to provide their own package wastewater treatment plant until the City could connect them to the City's sanitary and sewer systems. Page 12 of 18 - 1/8/2001 261 Councilmember Marcott asked when those communities would be connected -to the City's sanitary and sewer systems. Interim City Manager, Alan Mueller, explained that there are other projects pending. He stated the projects consist of older systems that need updating. He further added that he anticipated this project would begin in approximately 18 months. Voting "Aye" Councilmembers Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. COUNCIL ACTION - FIRST READING OF ORDINANCE NO. 999 - AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (NORTH OF CLEAR CREEK AND NORTHEAST OF THE EXISTING CITY LIMITS) AT THE REQUEST OF THE OWNERS, VILLA VERDE, SECTIONS 11 AND III, L.P.; APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. Mr. Tobin Maples, Director of Administrative Support. Councilmember Owens made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 999 on its first reading. Mayor Pro -Tem Seeger stated by annexing this property, the City will have control over it. Councilmember Marcott stated the City will have control, but the City is not serving the residents properly by not having better access. Councilmember Marcott stated there is an impact on traffic. Councilmember Owens stated that the roadway is not the biggest impact. The biggest impact is the City providing emergency services to the residents. Voting "Aye" Councilmembers Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. Page 13 of 18 - 1/8/2001 262 FIRST AND ONLY READING OF ORDINANCE NO. 1000 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE PROPERTY FOR THE EXTENSION OF PEARLAND PARKWAY 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 EXTENSION OF PEARLAND PARKWAY BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Marcott, to approve Ordinance No. 1000 on its first and only reading. Interim City Manager, Alan Mueller, stated this property is part of the Pearland Parkway alignment. These are the first two tracts as you travel north from Barry Rose Road. The City needs to acquire these two tracts prior to reaching the golf course development property. This is part of a section, under the City's agreement, that we are obligated to build and construct. He further stated it is possibly anticipated that the City may have to go to eminent domain for these properties. Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. FIRST AND ONLY READING OF ORDINANCE NO. 998 -AN ORDINANCE OFTHE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE PROPERTY FOR THE CONSTRUCTION OF A REGIONAL DETENTION FACILITY AND AN EXTENSION OF PEARLAND PARKWAY 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 EMERGENCYAS THE CONSTRUCTION OFA REGIONAL DETENTION FACILITYAND THE EXTENSION OF PEARLAND PARKWAY BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OFTHE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Page 14 of 18 - 1/8/2001 263 Councilmember Marcott made the motion, seconded by Councilmember Owens, to approve Ordinance No. 998 on its first and only reading. Interim City Manager, Alan Mueller, stated this property is located in the middle of the David L. Smith Site. It was recently discovered that this property was not acquired in 1996. The acquisition of this property will finish out the David L. Smith Site and also make way for Pearland Parkway to go through this area. Voting "Aye" Councilmembers Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. COUNCIL ACTION - RESOLUTION NO. R2001-1- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ASSIGNING THE AUTHORITY TO ISSUE SINGLE FAMILY MORTGAGE REVENUE BONDS TO BRAZORIA COUNTY AS A SPONSORING POLITICAL SUBDIVISION OF THE SOUTHEAST TEXAS HOUSING FINANCE CORPORATION. Mr. Darrin Coker, City Attorney. Councilmember Beckman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2001-1. Interim City Manager, Alan Mueller, stated this is an annual item that the City considers. The City assigns its authority to issue these types of bonds to Brazoria County. The County has an agency set up to handle these types of bonds, therefore, the City does not have to administer the program. Councilmember Owens asked if this will cost the City anything. City Attorney, Darrin Coker, stated this does not cost the City anything. This is actually a resolution that has been passed for several years and this will be delegating the authority to Brazoria County to act as the Bonding Authority. The Southeast Texas Housing Finance Corporation is a nonprofit organization created by state statute. They use Brazoria County so they can issue tax exempt bonds to help with low to moderate income housing. They cannot issue bonds that would affect property located within the City without the City's permission. Councilmember Owens asked if the City would be connected to the bonds issued, in the event the debt could not be paid. Page 15 of 18 - 1/8/2001 26A City Attorney, Darrin Coker, stated the City would not be obligated to pay the bonds at all. Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. COUNCIL ACTION - REGARDING THE HIRING OF A PROJECT MANAGER. Mr. Alan Mueller, Interim City Manager & Mr. Michael Ross, Project Manager. Councilmember Owens made the motion, seconded by Councilmember Beckman, to hire a Project Manager and utilize funds out of the General Fund to pay the salary of that position. Interim City Manager, Alan Mueller, stated that he understood that Council's wishes were to go forward and create an additional Project Manager position. Mr. Mueller gave a brief overview of the job description and the need for this position. He further stated that from time to time the City will still need to contract with firms to handle right-of-way acquisition. He added that there are times when one person will not be able to handle it all. The coordination of right-of-way acquisition will be this persons primary responsibility and will also have other project management duties. The City is proposing, at this point, to use Certificate of Obligation money for this position, which is an eligible expense. Councilmember Owens asked if this person is going to be a Professional Engineer. Interim City Manger, Alan Mueller, stated it would not be a Professional Engineer position. Additional discussion ensued between Council and Staff regarding the Project Manager position. Councilmember Owens stated he would rather not use Certificate of Obligation money to fund positions. Interim City Manager, Alan Mueller, reported that using the General Fund to finance the new Project Manager position will be fine this year. The Fund could absorb $45,000 to $50,000. Mr. Mueller further stated he concurs with Councilmember Owens and would rather use the Certificate of Obligation funds for projects and fund this salary out of the General Fund. Councilmember Owens stated he would still like to take a look at project management. The City is going to have a peak load on new projects for this year. Page 16 of 18 - 1/8/2001 265 Brief discussion ensued between Council and Staff regarding the use of contract project managers. Interim City Manager, Alan Mueller, stated he would be comfortable recommending that funding for the Project Manager position be out of the General Fund. Councilmember Owens stated that we need to go ahead and do it. Two or three people running 76 projects, you are going to get burned, and that will cost more than the new position will. Councilmember Beckman stated it is her feeling that we should let the Certificates of Obligations stretch as far as possible for capital improvements. Then the Finance Department, along with the City Manager, can decide the best way to manage those funds. If it can all come out of the General Fund that is great, if not, and some has to come out of the Certificates of Obligations, that is fine also. Interim City Manager, Alan Mueller, stated the job description has been prepared and the job can possibly be filled by March 1. Voting "Aye" Councilmembers Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 4 to 0,.with Councilmember Wilkins absent. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:30 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE SECTION 551.074 - PERSONNEL MATTERS - REGARDING APPOINTMENTS TO THE ZONING BOARD OF ADJUSTMENTS. City Council. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 9:53 p.m. Page 17 of 18 - 1/8/2001 266 COUNCIL ACTION - REGARDING APPOINTMENTS TO THE ZONING BOARD OF ADJUSTMENTS. City Council. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Beckman, to reappoint Suzanne Tullis to the Zoning Board of Adjustments and Robert Scherrer to the alternate position on the Zoning Board of Adjustments. Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. ADJOURNMENT: Meeting was adjourned at 9:54 p.m. Minutes approved as submitted and/or corrected this the 22nd day of January, 2001. Tom Reid Mayor ATTEST: Page 18 of 18 - 1/18/2001