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2001-01-22 CITY COUNCIL REGULAR MEETING MINUTES269 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 22, 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 Councilmember Larry Wilkins Interim City Manager Alan Mueller City Attorney Darrin Coker City Secretary Young Lorfing Others in attendance: Manager of Administrative Support Tobin Maples; Police Chief J.C. Doyle; City Engineer John Hargrove; Community Relations Liaison Phibi Vassallo; Parks and Recreation Director Ed Hersh; Public Works Director Jerry Burns; Assistant City Attorney Nghiem Doan; Project Manager Michael Ross; Director of Administrative Services Mary Hickling; Executive Director of P.E.D.C. Mike Chance; Human Resource Coordinator Wendy Standorf; Deputy City Secretary Melinda K. Welsh. The invocation was given by Councilmember Wilkins and the Pledge of Allegiance was led by Assistant City Attorney Nghiem Doan. MAYOR'S ACTIVITY REPORT: Mayor Reid introduced Ms. Kim Orsak's First Grade Class, from Rustic Oaks Elementary, who performed a song about the history of Pearland. Included in the program was a picture book the children drew to illustrate the song. Mayor Reid and Councilmember Beckman presented a proclamation to representatives of Falun Dafa proclaiming Monday, January 22, 2001 as "Falun Dafa Day'. Mayor Reid reported on January 11 he toured the new Lake Jackson Civic Center and attended a Workshop for Shadow Creek Ranch; January 12 he attended a Chamber Business Breakfast; January 13 Mayor Reid attended W intertest and the Tree Dedication Ceremony at Pearland Library; January 15 he attended a Workshop and Public Hearings; Page 1 of 10 - 1/22/2001 270 January 16 he attended the HGAC Board of Directors meeting; January 17 he met with TXDot Grant Committee and attended the Brazoria County Cities Association meeting; January 18 he attended a meeting of the Chamber Leadership Council and also Gulf Coast Water Authority Board of Directors. COUNCIL ACTIVITY REPORTS: Councilmember Beckman reported on January 11 she attended a Planning Committee Meeting for Household Hazardous Materials Collection Day scheduled for April 21; She attended W intertest on January 13 and commended Ed Hersh and Parks Department staff for a wonderful, wintery and snowy day. Later that day she attended the Tree Dedication Ceremony at Pearland Library. January 17 Councilmember Beckman attended the Committee for Pearland's Highway Grant. The grant is in the amount of $95,000 and was won by Keep Pearland Beautiful from Keep Texas Beautiful. The committee is looking for state highway right-of-way locations to use these beautification funds. January 20 she attended the Pearland Volunteer Fire Department's banquet. She reported that it was well attended until the firemen had to respond to a fire alarm. The firemen's spouses, who were left behind, accepted the awards on their behalf. Councilmember Owens did not give a report. Mayor Pro -Tem Seeger reported he attended the Fireman Awards Banquet on January 20. Councilmember Marcott reported he attended Winterfest and thought the snow machine was excellent. On January 17 he attended a regular, monthly meeting of the Brazoria County Cities Association in Manvel. He reported he also attended the Pearland Volunteer Fire Department's banquet on January 20. The banquet's program featured a representative from the Houston Fire Department's Public Relations Department. He also reported after the Pearland Firemen received the fire alarm they were still not back after three hours. Councilmember Wilkins did not give a report. CITY MANAGER'S REPORT: Interim City Manager, Alan Mueller, reported the Cullen Steering Committee has been meeting regarding land use on Cullen and they are making progress. He stated this committee will be meeting again the first part of February. Page 2 of 10 - 1/22/2001 2'f 1 Interim City Manager, Alan Mueller, reminded Council that the City distributed'a Quarterly Goals Update of the Annual City Council Goals, which were adopted last spring. He reported Council will be adopting new goals after the upcoming Retreat in February. He also stated the Quarterly Activity Report for all City departments is being prepared and will be distributed within the week and available for Council to review before the Retreat. Mr. Mueller reminded everyone thatMonday, January 29, Council will have a workshop at 6:00 p.m. on the proposed road drainage and utility projects. He reported January 30 will be the Joint Meeting with the Drainage District. He reported the Council Retreat will be February 3 at 9:00 a.m. He further reported on February 5 there will be four Joint Public Hearings on zone changes. He stated this meeting will include a follow-up discussion on the Shadow Creek Ranch Workshop and continue Council's discussion on Land Use issues. Mr. Mueller reported the Mayor would give his annual State of the City Address on February 21 at 11:30 a.m. at the Country Club. CITIZENS: Cole Crowder, 2722 Country Club, -addressed Council and stated he has a flooding problem that has been made worse by grading. He reported with the recent rains this flooding problem has worsened. He stated Public Works Director, Jerry Burns, came to look at the flooding problem. Jim Wright, 3512 E. Broadway, addressed Council and stated he is representing parents and children from School Zone Day Care. He reported the parking lot at this business is muddy and needs paving. He further reported when he inquired to the manager of School Zone she stated the City will not allow them to get a permit to pave their parking lot. Mr. Wright asked that Council reconsider approving the permit for paving this parking lot. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the January 8, 2001, Public Hearing held at 6:30 p.m. 2. Minutes of the January 8, 2001,Regular Council Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION - EXCUSE ABSENCE OF COUNCILMEMBER LARRY WILKINS FROM THE REGULAR COUNCIL MEETING HELD ON JANUARY 8, 2001. City Council. Page 3 of 10 - 1/22/2001 27? C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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 II 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. D. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF RIVER MIST SECTION 2. Mr. John Hargrove, City Engineer. E. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF VILLA D'ESTE SECTION ONE. Mr. John Hargrove, City Engineer. Councilmember Beckman made the motion, seconded by Councilmember Owens, to adopt Consent Agenda Items A through E as presented on the Consent Agenda. Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS: COUNCIL ACTION - RESOLUTION NO. R2001-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A TREE PROPAGATION PROGRAM FOR THE PURPOSE OF PURCHASING, GROWING, AND/OR MAINTAINING TREES WITHIN THE CITY LIMITS. Mr. Ed Hersh, Parks and Recreation Director. Page 4 of 10 - 1/22/2001 273 Councilmember Owens made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2001-13. Interim City Manager, Alan Mueller, reported the Tree Preservation Ordinance adopted in 1997 sets up a Tree Preservation Fund so when trees are cut down for development, and cannot be replaced, developers or builders can donate money to this fund. He stated that currently there is approximately $25,000 - $26,000 in this fund. He reported the City is requesting to use those funds to plant trees from the median on Pearland Parkway at Mary's Creek to John Lizer Road. He stated there will be additional trees planted at Centennial Park and the City will begin a tree nursery at the Barry Rose Wastewater Treatment Plant. Mayor Reid stated Executive Director of Keep Pearland Beautiful, Delores Fenwick, asked that he pass along the message to Council that she and Keep Pearland Beautiful were excited about the possibility of using these funds for tree planting in these areas and would like Council to give this matter serious consideration. Councilmember Beckman reported she is happy to see this project. Councilmember Owens asked Parks and Recreation Director, Ed Hersh, how much acreage the City is planning to use at the tree nursery on Barry Rose Road Wastewater Treatment Plant. Parks and Recreation Director, Ed Hersh, stated he was not sure of the amount of acreage but the City is trying to take advantage of some of the open area. He also reported the City received 150 various species of Oak seedlings from the Texas Forestry Service which will be placed in 25 gallon containers or plant bags. Councilmember Owens asked if the maintenance cost, for the trees planted, would come out of the Tree Preservation Fund as well. Interim City Manager, Alan Mueller, stated one year of maintenance is included in the Pearland Parkway tree project. The cost to maintain the Oak seedlings will be minimal and will be paid for by the Parks Department's budget. Parks and Recreation Director, Ed Hersh, explained further the various locations and maintenance requirements for the tree planting. Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins. Page 5 of 10 - 1/22/2001 2"1Q Voting "No" None. Motion Passed 5 to 0. Mayor Reid, with concurrence of Council, moved to New Business Item No. 3. CONSIDERATION AND POSSIBLE ACTION - REGARDING TWO AIR QUALITY PERMITS. Mayor & City Council. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Owens, to place this item on the table for discussion. Interim City Manager, Alan Mueller, reported the City periodically receives notices from TNRCC, who receive the application requests from a requesting company desiring an air quality permit or wastewater discharge notice. He stated this is how the information was made available to Council on the two permits. He stated that one of the air permits is for expansion of an existing facility, Bredero Price Company, on Knapp Road and the other air permit is for a pet crematorium, Crespo Family Services, near the Clover Field area. Interim City Manager, Alan Mueller, stated that no one from Crespo Family Services was available to attend tonight's meeting. Councilmember Marcott stated that citizens are concerned about items emitted from Bredero's facility. He reported that a document received from Tom Mathias, Bredero Price Company representative, stated thatTNRCC visited the site recently and found no violation at the Pearland plant. He reported the Pearland Fire Marshall had also gone out to the site. Mayor Pro -Tem Seeger asked Tom Mathias, Bredero Price Company representative who was present at the meeting, if TNRCC required them to have a permit for what they are doing now. Mr. Mathias stated the company has an exemption due to the low volume of chemical they use. Councilmember Owens asked Mr. Mathias if the process used was interior sandblasting of the pipe and then spray coating inside. Mr. Mathias stated his company does interior painting. The pipe will come to them already sandblasted. Mayor Reid asked if the interior coating was corrosive resistant. Page 6 of 10 - 1/22/2001 Mr. Mathias stated the pipe was corrosive resistant. Mayor Pro -Tem Seeger asked how Bredero contains overspray. Mr. Mathias stated the work is done inside a building and the liquid that comes out of the pipe is contained. There is some overspray but the amount is below TNRCC standards. Mr. Mathias then introduced Bredero's consultant for this project, Jan Stavinoha with R.J. Consultants, who helped them prepare the application. Mayor Pro -Tem Seeger asked Ms. Stavinoha if there would be any special equipment to capture the overspray. Ms. Stavinoha stated Bredero would be using a fabric filter dust collector to collect the particulate emissions from the steel shop blasting but there will not be anything required to capture the solvent evaporation emissions from the paint. She stated it is contained within the pipe. Councilmember Marcott asked about flammability Mr. Mathias stated there is some combustibility but no flammability. Further discussion ensued between Council, Mr. Mathias and Ms. Stavinoha regarding the air quality permit request from Bredero Price Company. No Council action taken. Mayor Reid, with concurrence of Council, moved back to New Business Item No. 2. COUNCIL ACTION - REGARDING THE DESIGN OFA NEW WATER TOWER. Mr. Alan Mueller, Interim City Manager. Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to place this item on the table for discussion. Interim City Manager, Alan Mueller, gave a brief overview of the capital cost, styles and maintenance costs of the various types of water towers that were examined. Mr. Mueller stated the multi -column style tower is the least expensive over the seventy-five year life span of the tower. Page 7 of 10 - 1/22/2001 276 Ron Bavarian, of Walsh, Freese and Nichols, gave a brief overview of the various types of water towers and their projected cost. He stated when the water tower is bid on the prices will be more competitive. He further stated that the multi -column style is more cost effective. Councilmember Marcott asked Mr. Bavarian if his company had built any of the composite type water towers. Mr. Bavarian stated the composite tower in Webster, Texas is one they did. Mayor Reid stated the projected cost of the composite style water tower was $150,000 more. He further stated some styles of tanks were more costly because of the corrosion factor and more frequent maintenance of metal tanks. Councilmember Owens reported, since he originated this idea some time ago, that we should go with the multi -column style water tower since the multi -column style versus the low bid on the other types is about $283,500. Public Works Director, Jerry Burns, stated that manufacturers are coming up with paint that will require less frequent painting on multi -column tanks. City Engineer, John Hargrove, stated the City should be clear on who is the base bid and who is the alternate bid. Interim City Manager, Alan Mueller, asked if Council would like to have the multi -column style as the base bid and composite style as an alternate bid. Discussion ensued between Council and Staff regarding the bidding process for this purchase. Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-400-1 - AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509-400 (APPLICATION NO. 960), THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF MODIFYING LOT Page 8 of 10 - 1/22/2001 2117 SIZES AND SIDEWALK LAYOUT AT THE REQUEST OF RENEE WEST, AGENT, FOR REED -WEST INVESTMENTS, LTD., OWNERS, PROVIDING FORAN AMENDMENTOF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Manager of Administrative Services. Councilmember Wilkins made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 509-400-1 (Application No. 960) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 960. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:05 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY: REGARDING POTENTIAL LITIGATION -ASSOCIATED WITH HATFIELD ROAD. Mr. Darrin Coker, City Attorney. 2. SECTION 551.074 -PERSONNEL MATTERS: DISCUSSION REGARDING THE HIRING OF A CITY MANAGER. City Council. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 10:50 p.m. COUNCIL ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING POTENTIAL LITIGATION -ASSOCIATED WITH HATFIELD ROAD. Mr. Darrin Coker, City Attorney. Page 9 of 10 - 1/22/2001 2 '18 No Council action taken. COUNCIL ACTION - REGARDING THE HIRING OF A CITY MANAGER. City Council. No Council action taken. ADJOURNMENT: Meeting was adjourned at 10:52 p.m. Minutes approved as submitted and/or corrected this the 12 day of February, 2001. Tom Reid Mayor ATTEST: Page 10 of 10 - 1/22/2001