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2001-03-26 CITY COUNCIL REGULAR MEETING MINUTES107 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MARCH 26, 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 Absent: Councilmember Helen Beckman. Others in attendance: Manager of Administrative Support Tobin Maples; Police Chief J.C. Doyle; Director of Finance Jim Causey; Parks and Recreation Director Ed Hersh; Public Works Director Jerry Burns; City Engineer John Hargrove; Project Manager Michael Ross; Assistant City Attorney Nghiem Doan; Communications Coordinator Mattie Culver. The invocation was given by Councilmember Wilkins and the Pledge of Allegiance was led by Chris Boram, Scout Troop 468. MAYOR'S ACTIVITY REPORT: Mayor Reid and Councilmember Wilkins presented a proclamation to Pearland High School Graduating Class of 2001 proclaiming May 26, 2001 as Project Graduation Day. Mayor Tom Reid introduced candidates in the upcoming City Council election who were in attendance. Position No. 1 candidates Richard Tetens, Mark M. McDonough, Ray Bacon and Position No. 5 candidates Jeff Koza and Klaus W. Seeger were introduced. Mayor Reid reported the search for a City Manager has ended with the hiring of Bill Eisen from Haltom City, Texas. He will begin work for the City of Pearland May 1, 2001. The Mayor stated he was impressed with Mr. Eisen's knowledge and experience. Mayor Reid complimented Interim City Manager, Alan Mueller, for his outstanding service in the role of Interim City Manager as well as fulfilling his regular role as Deputy City Manager. Page 1 of 20 - 3/26/2001 Mayor Reid reported he gave the State of City presentation to the Rotary Club on March 13; March 14 he attended the TML Risk Pool Meeting in Austin; On March 15 he met with Developer Vic Vosic and also attended the Gulf Coast Water Authority Board of Directors Meeting; March 16 he attended a Special Council Meeting; March 18-21 he attended Brazoria County Days in Austin; March 21 he attended a BCCA Meeting hosted by Pearland at the Golfcrest Country Club; March 22 he attended a breakfast hosted by Harris County Judge Eckels and Governor Perry and met with the Director of Clear Creek Transportation Partnership; March 23 he attended the HGAC/Transportation Policy Council Board of Directors Meeting and HGAC Annual Meeting; March 26 he met with representatives of the Pearland Hindu Temple and also attended a School District Education Improvement Committee Meeting. COUNCIL ACTIVITY REPORTS: Councilmember Owens reported on March 15 he visited with homeowners from Shadycrest; March 19 and 20 he attended Brazoria County Days in Austin; March 21 he attended the BCCA Meeting that was hosted in Pearland; March 22 he attended a breakfast hosted by Judge Eckels and Governor Perry. Mayor Pro -Tem Seeger reported he attended the BCCA Meeting on March 21 and on March 22 he attended the TNRCC Public Hearing on Crespo Family Services air quality permit. Councilmember Marcott reported he attended the Clear Creek Citizens Advisory Committee Meeting on March 15; March 18-20 he attended Brazoria County Days in Austin, Texas; March 21 he attended the BCCA Meeting; March 22 he also attended the breakfast hosted by Judge Eckels and Governor Perry and attended the TNRCC Public Hearing on Crespo Family Services at Rustic Oaks Elementary School; March 23 he attended the HGAC Annual Meeting. Councilmember Wilkins stated he had nothing additional to report. CITY MANAGER'S REPORT: Interim City Manager, Alan Mueller, gave a brief overview of the calendar for the upcoming FY 2001-2002 Budget process. He also reported that the preliminary Census numbers show as of April 1, 2000 that Pearland is the 61" largest city in Texas which is up from 1051h in the 1990 Census. The preliminary number for population is 37,640 which is an addition of 18,713 since the 1990 Census being a 98.8% growth rate over the decade. For cities that have a population of over 30,000 Pearland was the 7`h fastest growing city in Page 2 of 20 - 3/26/2001 109 Texas. He stated Brazoria County's estimated population of approximately 241,000 is an increase of about 50,000 since the 1990 Census. Pearland growth fueled the increase in Brazoria County by 37%. Mr. Mueller also reported it is City Secretary, Young Lorfing's, birthday today and everyone wished Mr. Lorfing a Happy Birthday. CITIZENS: None. Mayor Reid formally recessed the Regular Council Meeting at 7:57 p.m. Mayor Reid formally opened the Docketed Public Hearing at 7:57 p.m. DOCKETED PUBLIC HEARING: REGARDING THE CITY OF PEARLAND DROUGHT CONTINGENCY PLAN. PURPOSE OF THE HEARING -THE CITY OF PEARLAND DROUGHT CONTINGENCY PLAN. STAFF REVIEW OF THE CITY OF PEARLAND DROUGHT CONTINGENCY PLAN. Interim City Manager, Alan Mueller, stated in 1999 the Legislature passed Senate Bill 1, which was sweeping water legislation requirements. Part of the requirement was that cities update their Drought Contingency Plan. He stated the Water Development Board published a draft plan and the City of Pearland used that to model the City's Drought Contingency Plan. Mr. Mueller gave an overview of the Drought Contingency Plan for the City of Pearland describing the various stages of drought and outlined what the contingency plan would be according to the stage. CITIZEN COMMENTS: Richard Szopski, resident of Shadycrest, stated he would like to know if this plan is only for residents with City water or does it include residents with a water well. COUNCIL/STAFF DISCUSSION: Interim City Manager, Alan Mueller, stated this plan would apply only to residents who use the City Water System. Page 3 of 20 - 3/26/2001 110 Mayor Pro -Tem Seeger asked if the $500 fine for not complying with the Plan, when the City enacts the Plan, was typical for other cities. Mr. Mueller stated the $500 amount was decided so it would get non-compliant residents attention if they chose to ignore mandatory water rationing. He stated there is not a fine for the first offense, however, the information would be put into the Court records so as to keep track of the warning in case of the need for further enforcement. City Attorney, Darrin Coker, stated League City fines $500 for a violation of their ordinance. Interim City Manager, Alan Mueller, stated the target date for this item to be considered by Council will be the next regularly scheduled Council meeting. ADJOURNMENT OF DOCKETED PUBLIC HEARING Docketed Public Hearing was adjourned at 8:09 P.M. Council returned to its Regular Meeting at 8:09 P.M. CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the March 5, 2001, Joint Public Hearing held at 6:30 p,m. 2. Minutes of the March 12, 2001, Special Council Meeting held at 6:00 P.M. 3. Minutes of the March 12, 2001, Regular Council Meeting held at 7:30 P.M. 4. Minutes of the March 16, 2001, Special Council Meeting held at 6:00 p.m. NG B. CONSIDERATION OF ORDINANCE NON509-504 POSSIBLE AN ORDIINANCE OF THE CITYCCOUNCIL NAL fOF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE PEARLAND AN EXAS,ANFORVETHHEMENT PURPOSE ORDINANCE OF THE T Y OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING LOTS 4- 10, DETENBECK & BARNHART SUBDIVISION, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 15, PAGE 10, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 964) (5902 BARDETT) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SID) TO GENERAL BUSINESS (GB) AT THE REQUEST OF ARTHUR PARTAIN, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE Page 4 of 20 - 3/26/2001 III 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 Support. C. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-39 - ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE INSTALLATION OF THE FIGLAND/WAGON TRAIL SEWER LINE. Mr. Jerry Burns, Public Works Director. D. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH EDA PROJECT NO. 2A: 20" WATER TRANSMISSION MAIN. Mr. Michael Ross, Project Manager. E. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE SUPPLY OF MOTOR FUELS. Mr. Gordon Island, Purchasing Officer. F. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE SUPPLY OF POOL CHEMICALS AND RELATED SERVICES. Mr. Gordon Island, Purchasing Officer. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Seeger, to adopt Consent Agenda Items A through F, as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. MATTERS REMOVED FROM CONSENT AGENDA: None. NEW BUSINESS: Mayor Reid, with concurrence of Council, moved to New Business Item No. 9. Page 5 of 20 - 3/26/2001 112 FIRST READING OF ORDINANCE NO. 509-515 - 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 124.4087 ACRES, OUT OF 297.58 ACRES CONVEYED TO AARON PASTERNAK BY WARRANTY DEED DATED JANUARY 14, 1969 AND RECORDED IN VOLUME 1023, PAGE 297, DEED RECORDS OF BRAZORIA COUNTY, TEXAS AND BEING IN THE WARREN D.C. HALL LEAGUE, A-70, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 971) (PEARLAND PARKWAY) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-1) TO SINGLE FAMILY DISTRICT PLANNED UNIT DEVELOPMENT (R-1 PUD) AT THE REQUEST OF JOHN H. TAYLOR, TRUSTEE, AGENT FOR 313 ACRE PEARLAND JOINT VENTURE ET AL, 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. Tobin Maples, Manager of Administrative Support. Mayor Pro -Tem Seeger, made the motion, seconded by Councilmember Marcott, to approve Ordinance No. 509-515 (Application No. 971) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 971. John Taylor, 1625 Corniche Street, addressed Council and stated he represents the owners and developers of the property who desire to re -zone the property to PUD -R-1. He stated the surrounding properties are zoned R-2 or R-2 PUD. He stated there are 124.4 acres in the proposed development and the amount to be used for homesites is 92 acres. The remaining land will be used for landscape reserves, walking trails, lakes, parks, recreational facilities including a swimming pool, clubhouse and playground. The Master Plan includes four distinctive villages or neighborhoods within the property. He stated Shadycrest residents, who are adjacent to this proposed development, were opposed to this development so they amended their plan to try and accommodate Shadycrest resident's concerns. Linda Cowles, 3412 Shadycrest, addressed Council and stated she would like the City to stick to the Master Plan in Pearland's advertised Master Planned Community. This area is zoned R-1 and she would prefer the City to stay with this zoning classification for the discussed area. She further stated she is concerned about the additional traffic this subdivision will create, and will also increase the traffic flow in Shadycrest, Ms. Cowles Page 6 of 20 - 3/26/2001 113 stated she has nothing against the subdivision being built if the developer would decrease the amount of homes being built, therefore, making less traffic. Patty Boyles, 4016 Shadycrest, addressed Council and stated she is also opposed to the re -zoning of this area. She appreciates the developer amending the original plan but believes the developers assertion that 80 foot wide lots would not sell is incorrect. She stated she checked with West Oaks Subdivision, who has 80 foot wide lots, and they reported they had no problem selling homes on that size lot. They also stated that the size of the lot is what draws most of their buyers to them. Janice M. McNatt, 3714 Heather Lane, addressed Council and stated she is opposed to this development being built. She expressed her concerns about the smaller size of the lots making the homes cheap and buyers being less apt to take care of their homes. She reported when buyers pay more for their lots and their homes they have more incentive to take care of it and pay their taxes. She stated that she predicted in fifteen years the value of the property would drastically be reduced because of the neighborhood. She also expressed her concern about the Developer making 2-3 acre lakes and banking the creek nearby and making their homes flood prone. Richard Tetens, 2105 W. Mary's Creek, addressed Council and stated in the early 1970's zoning was approved in the City of Pearland and at that time the Land Use and Urban Development Ordinance was created with citizen input. The area where this development is proposed to be was zoned R-1 because the citizens of Pearland felt this was the best use of this property. He stated it should remain an R-1 and felt it would be more appropriate for the adjacent properties as well. Councilmember Owens stated he also feels that this property should remain an R-1 as it was originally proposed. He further stated with the subdivision, currently in place, there would be quite a bit more traffic if they added 359 additional homes to this area. Mayor Pro -Tem Seeger stated there should be a compelling reason to make changes to the Comprehensive Plan and further stated he does not feel like this is one. Interim City Manager, Alan Mueller, stated that according to the way the basic zoning of R-1 is written, and under the Subdivision Code, there is nothing prohibiting a subdivision to tie into another subdivision by opening up a stubbed -out road. He further stated the Subdivision Code encourages that stubbed -out streets will eventually be opened for thru- traffic. Page 7 of 20 - 3/26/2001 114 Brief discussion ensued between Council and Staff regarding this proposed development not being consistent with the size of surrounding properties and the traffic problems that would ensue by adding a large number of homes to this area. Voting "Aye" None. Voting "No" Councilmembers Owens, Seeger, Marcott, and Wilkins. Motion Failed 4 to 0, with Councilmember Beckman absent. Mayor Reid, with concurrence of Council, moved back to New Business Item No. 1. COUNCIL ACTION - RESOLUTION NO. R2001-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE RESULTS OF THE CITY'S ANNUAL FINANCIAL AUDIT AS PREPARED BY NULL-LAIRSON, P.C. Mr. Jim Causey, Director of Finance. Councilmember Marcott made the motion, seconded by Councilmember Owens, to approve Resolution No. R2001-38. Interim City Manager, Alan Mueller, introduced Chuck Yaples, Auditor with Null-Lairson, and introduced Michelle Cantwell, Accountant with the firm. Mr. Yaples addressed Council and stated he would like to thank Director of Finance, Jim Causey, and his department for helping Null-Lairson, P.C. provide the information needed to compile the audit. Mr. Yaples, in summary, presented the City's Annual Financial Audit, and reported the City is in good financial shape and very strong. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION - REGARDING THE PROPOSED CULLEN BOULEVARD LAND USE PLAN. Mr. Tobin Maples, Manager of Administrative Support. Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Seeger, to accept the proposed Cullen Boulevard Land Use Plan as presented by the Steering Committee Page 8 of 20 - 3/26/2001 115 and authorize Staff to hold an Open House and conduct a Public Hearing on the proposed plan. Manager of Administrative Support, Tobin Maples, gave an overview of the Cullen Boulevard Steering Committee's proposed changes to the City's Comprehensive Plan. Emma Vaughan, 2005 Cullen Boulevard, addressed Council and stated she is on the Cullen Boulevard Committee. Ms. Vaughn expressed her concerns regarding the changing of some of the zoning classifications from General Business to Commercial. She also stated she would like to see more homeowners on the committee. Mayor Reid introduced Brent Durrett, 6120 Brookside Drive, who addressed Council and stated he missed the last Steering Committee Meeting and is concerned with the proposed zoning of his property. Manager of Administrative Support, Tobin Maples, stated he is recommending that the Steering Committee meet one more time before an Open House is held. Interim City Manager, Alan Mueller, suggested the City have an Open House first and then follow it up with a Public Hearing a couple of weeks later. r Additional discussion ensued between Council and Staff regarding the proposed Cullen Boulevard Land Use Plan. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. FIRST READING OF ORDINANCE NO. 985 -2 -AN ORDINANCE OFTHE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 985, THE 2000- 2001 ANNUAL BUDGET ORDINANCE, BY AUTHORIZING CERTAIN ADDITIONS IN GENERAL FUND LINE ITEMS 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. Mr. Jim Causey, Director of Finance. Page 9 of 20 - 3/26/2001 116 Councilmember Owens made the motion, seconded by Mayor Pro -Tem Seeger, to approve Ordinance No. 985-2 on its first reading. Interim City Manager, Alan Mueller, stated this is the formal budget amendment to enact the additional positions that were discussed at the Council retreat and at the previous Council meeting. Voting "Aye" Councilmembers Owens, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION - RESOLUTION NO. R2001-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CHANGE ORDER WITH HADDOCK CONSTRUCTION FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE DAVID L. SMITH SITE EAST POND DETENTION BASIN. Mr. John Hargrove, City Engineer. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2001-44. Interim City Manager, Alan Mueller, stated when the bid was awarded for this project the unit price was substantially lower than anticipated so the City will be able to add extra depth to the excavation of the lake. Mayor Pro -Tem Seeger asked if this was a change order initiated by the City or the contractor. Interim City Manager, Alan Mueller, stated this change order was initiated by the City. Councilmember Marcott asked about the request for additional time in this change order and if there was a penalty or bonus in this contract. Interim City Manager, Alan Mueller, stated there are liquidated damages on this contract, not penalties, and further stated there is no early completion bonus. Brief discussion ensued between Staff and Council regarding the particulars of this change order. Page 10 of 20 - 3/26/2001 117 Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION - RESOLUTION NO. R2001-45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING STAFF TO NEGOTIATE AN AGREEMENT WITH ECO RESOURCES FOR WATER UTILITY SERVICES. Mr. Jim Causey, Director of Finance. Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2001-45. Interim City Manager, Alan Mueller, stated this resolution authorizes the City to negotiate an agreement for water utility services. The agreement will come back before Council for final consideration. Councilmember Marcott stated he is concerned that there was only one bid. Purchasing Officer, Gordon Island, stated approximately six or seven firms were at the pre - proposal conference but most of them only offered services in one phase of the activities such as meter reading only, utility billing, etc. He further stated most of these firms were not ready to submit a proposal yet. Voting "Aye" Councilmembers Owens, Seeger, Marcott, and Wilkins Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTON - RESOLUTION NO. R2001-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CHANGE ORDER WITH PATE & PATE ENTERPRISES, INC. FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE MAGNOLIA/HARKEY SANITARY SEWER IMPROVEMENT PROJECT. Mr. John Hargrove, City Engineer. Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Seeger, to approve Resolution No. R2001-42. Page 11 of 20 - 3/26/2001 lis Interim City Manager, Alan Mueller, stated it was discovered there was a math error in the original calculation and that is the purpose of the change order. Vernon Webb of Carter and Burgess Engineering addressed Council and stated this is the second change order for the Magnolia/Harkey project. Mr. Webb gave an overview of the change order and he stated the original change order that was approved had an amount listed for the sum of the unit price items, which was inadvertently incorrect. This change order has been corrected to reflect the proper value. Councilmember Owens asked if this project was the one where they missed a buried cable. Mr. Webb stated that at one time the lines were marked and then the County came in and did some work, He came down and measured where the lines should have been as indicated on the map and it was not correct. Councilmember Owens asked if Southwestern Bell was contacted. Mr. Webb stated the cable was identified on the drawings. After discussion with the Inspector about the project, the decision was made to offset the line by two feet to the pavement. Based on the positions they had the line would not have been cut, resulting in additional cost to the project. Councilmember Marcott commended the Staff on the time extension. The time extension was granted, also there was a completion bonus that was not paid. He further stated he agrees with that, The project was due to be completed in January and was recently completed. Councilmember Marcott again stated he appreciates Staff watching over the various projects. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. Mayor Reid adjourned the meeting for a brief recess at 9:30 p.m. Mayor Reid called the meeting back to order at 9:38 p.m. COUNCIL ACTION - RESOLUTION NO. R2001-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF Page 12 of 20 - 3/26/2001 119 BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 AUTHORIZING THE ISSUANCE OF $2,370,000 UNLIMITED TAX BONDS, SERIES 2001. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Seeger, to approve Resolution No. R2001-46. Interim City Manager, Alan Muller, stated this is the standard the City does when a bond order request is made. The bond schedules have been reviewed and are in conformance with the City's expectations, level debt service, but not back loaded. Mr. Mueller asked Council if in the future these types of matters could be placed on the Consent Agenda. If they are placed on the agenda they have been reviewed and are in compliance with the City's requirements. Council responded that these types of requests can be placed on the Consent Agenda because they can always be removed for further discussion. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION - RESOLUTION NO. R2001-43 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A SERVICE AGREEMENT WITH BANK OF AMERICA FOR PURCHASING CARD SERVICES. Mr. Gordon Island, Purchasing Officer. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Owens, to approve Resolution No. R2001-43. Interim City Manager, Alan Mueller, stated this is a program a lot of cities are going to. The idea is eliminate the "blanket purchase order' that the City has at local merchants. This purchasing card will allow the City to place tighter controls on these types of purchases. Interim City Manager, Alan Mueller, and Purchasing Officer, Gordon Island, explained in detail how the purchasing card will work. The Police Department and Public Works Department will start the pilot program. Page 13 of 20 - 3/26/2001 120 Brief discussion ensued between Council and Staff regarding the policies and procedures regarding the use of the purchasing cards. Voting "Aye" Councilmembers Owens, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. FIRST READING OF ORDINANCE NO. 509-516 - 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 60 ACRES, BEING TRACTS 26-31 H. T. & B. R.R. COMPANY SURVEY, A-219, BRAZORIA COUNTY, TEXAS (HATFIELD ROAD) (APPLICATION NO. 967) (HATFIELD ROAD) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) TO SINGLE FAMILY DISTRICT PLANNED UNIT DEVELOPMENT (R-2 PUD) AT THE REQUEST OF JAMES CORNELIUS, AGENT FOR RONALD NOLES AND BILLY NOLES, 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. Tobin Maples, Manager of Administrative Support. Councilmember Marcott made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-516 (Application No. 967) on its first reading and amended the motion to include a 25 foot setback instead of a 20 foot setback. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 967. James Cornelius, 1601 Elm Street, addressed Council and stated he is the agent for the owners of this property. He described the details of this zoning change application and the nearby property and their zoning categories. He stated that in his PUD request he failed to mention that they would be willing to use all masonry, even though the City ordinance does not require it, instead of the 60% that they normally require. He stated he feels that this would increase the quality, which is what he feels that Council is looking for. Richard Tetens, 2105 W. Mary's Creek, addressed Council and stated the proposed R2 - PUD is a good plan in general. He stated his only objection is the 20 foot setback they Page 14 of 20 - 3/26/2001 I2I asked for on an unspecified number of lots. River Mist Subdivision has this and a lot of their cars have to be parked on the road since they will not all fit in the driveway. Councilmember Marcott stated he also does not approve of the 20 foot setback or the amount of houses proposed in this PUD. He further stated the extra traffic would be too much forthe roads in that area and the City would be responsible for solving the problem and with the size of the lots there would be no room for children to play except in the street since they would not have much of a front yard. Mayor Pro -Tem Seeger stated he is also concerned about the 20 foot setback. Mr. Cornelius stated the 20 foot setback is only valid for homes with a detached garage or a swing -in garage. He further stated he would be willing to not have the swing -in garage. All front -entry houses will have a 25 foot setback and no side -loading garages will be allowed. He stated he would be willing to relinquish the 20 foot setback and have it a 25 foot setback if that would get this approved. Mayor Pro -Tem Seeger confirmed with Mr. Cornelius that he would be willing to have a 25 foot setback instead of 20 foot. Mr. Cornelius stated he would be willing to change to a 25 foot setback. Voting "Aye" Councilmembers Owens, Seeger, and Marcott. Voting "No" Councilmember Wilkins. Motion Passed 3 to 1, with Councilmember Beckman absent. FIRST READING OF ORDINANCE NO. 509-517 - 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 5 ACRES, BEING THE SOUTH 1/20F LOT 50, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 19, H. T. & B. R. R. COMPANY SURVEY, A-243, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF APPEARING IN VOLUME 2, PAGE 23- 24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 973) (1738 STONE ROAD OLD ADDRESS: 13418 STONE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-1) AT THE REQUEST OF MARIO VICTORINO AND ANA LIZA JUGUILON, OWNERS, Page 15 of 20 - 3/26/2001 122 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. Tobin Maples, Manager of Administrative Support. Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Seeger, to approve Ordinance No. 509-517 (Application No. 973) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 973. Councilmember Marcott asked if this property is General Business, in the proposed Cullen Boulevard overlay, or is it south of it. Manager of Administrative Support, Tobin Maples, stated it is south of the General Business. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. FIRST READING OF ORDINANCE NO. 509-518 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE N0, 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 6, BETHEL SUBDIVISION, SECTION 2, BEING TRACT 4, OUT OF AND A PART OF COMMERCIAL RESERVE, BLOCK 2, WEST LEA SUBDIVISION, SECTION 1, AS PER THE MAP OR PLAT THEREOF AS RECORDED IN VOLUME 10, PAGE 19, BRAZORIA COUNTY PLAT RECORDS, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 972) (MANVEL ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF JUAN HERRERA, 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. Tobin Maples, Manager of Administrative Support. Page 16 of 20 - 3/26/2001 123 FIRST READING OF ORDINANCE NO. 509-519 - 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 6, BETHEL SUBDIVISION, SECTION 2, BEING A 5.364 ACRE TRACT LOCATED IN LOT 11, H.T. & B.R.R. COMPANY SURVEY, SECTION 14, A-509, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 974) BAILEYFROM CLASSIFIC TION DEVELOPMENT DISTR C(T (SD) O ES ATTEDLOT SINGLE FAMILY SUBURBAN CT (RE) AT THE REQUEST OF KEN AND PATRICIA SMITH, 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. Tobin Maples, Manager of Administrative Support. Councilmember Owens made the motion, seconded by CouncilmemberMarcottto approve Ordinance No. 509-518 (Application No. 972) and Ordinance No. 509-519 (Application No. 974) on their first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No.'s 972 and 974). Councilmember Marcott asked that Staff write a letter to Steve R. Valverde, who interpreted this zoning to be Commercial and it is Residential. Voting "Aye" Councilmembers Owens, Seeger, Marcott, and Wilkins Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. FIRST READING OF ORDINANCE NO. 509-512 - 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 1.450 ACRES OUT OF LOT 8, BEING THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE H. T. & B. R.R. COMPANY SURVEY, SECTION 14, A-509, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 501) (3713 AUBRELL OLD ADDRESS: 1611 AUBRELL) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO MOBILE HOME DISTRICT (MH) AT THE REQUEST OF RAYMOND AND RITA GIROD, OWNERS, PROVIDING FOR AN Page 17 of 20 - 3/26/2001 124 AMENDMENT OFTHE 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 Support. FIRST READING OF ORDINANCE NO. 509-513 - 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 4 & 5, BLOCK 2, WAGON W HEEL ADDITION, H.T. & B. R. & R COMPANY SURVEY, A-509, ACCORDING TO THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 593) (6118 LARRYCREST) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO MOBILE HOME DISTRICT (MH) AT THE REQUEST OF JOHN ANDEVIEJOHNSON, 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. Tobin Maples, Manager of Administrative Support. FIRST READING OF ORDINANCE NO. 509-514 - 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 2.00 ACRES, ROY ACRES II, TRACT 168J -169U, H. T. & B. R.R. COMPANY SURVEY, A-308, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 596) (7902 WARREN) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO MOBILE HOME DISTRICT (MH) AT THE REQUEST OF WESLEY AND PHYLLIS SHAFER, OWNERS, PROVIDING FOR AN AMENDMENTOFTHE LAND USE DISTRICT MAP; CONTAINING ASAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Manager of Administrative Support, Councilmember Owens made the motion, seconded by Councilmember Marcott, to approve Ordinance No. 509-512 (Application No. 501), Ordinance No. 509-513 (Application No. 593) and Ordinance No. 509-514 (Application No. 596) on their first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny (Application No.'s 501, 593, and 996). Voting "Aye" None. Page 18 of 20 - 3/26/2001 Voting "No" Councilmembers Owens, Seeger, Marcott, and Wilkins. Motion Failed 4 to 0, with Councilmember Beckman absent. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 10:18 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 - CONSULTING WITH CITY ATTORNEY REGARDING POTENTIAL LITIGATION. Mr. Darrin Coker, City Attorney. 2. SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. City Council. 3. SECTION 551.074 - PERSONNEL MATTERS: REVIEW INDIVIDUAL APPLICATIONS TO SERVE ON THE PLANNING AND ZONING COMMISSION AND THE ZONING BOARD OF ADJUSTMENTS. City Council. 4. SECTION 551.074 -PERSONNEL -ANNUAL EVALUATION OF THE CITY ATTORNEY. City Council. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 12:01 p.m. COUNCIL ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING POTENTIAL LITIGATION. Mr. Darrin Coker, City Attorney. No Council action taken. COUNCIL ACTION- DIRECTION TO STAFF REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. City Council. No Council action taken. Page 19 of 20 - 3/26/2001 125 126 COUNCIL ACTION - REGARDING INDIVIDUAL APPLICATIONS TO SERVE ON THE PLANNING AND ZONING COMMISSION AND THE ZONING BOARD OF ADJUSTMENTS. City Council. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Seeger, to reappoint Gil Boyles and Richard Cimprich to a one-year term, Marvin Elam and Harold Slagle to a two-year term, reappoint alternates Willard Briley and James Lane to a one- year term and Don Liddle reappointed to a two-year term on the Zoning Board of Adjustments. Voting "Aye" Councilmembers Owens, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION - REGARDING THE ANNUAL EVALUATION OF THE CITY ATTORNEY. City Council. No Council action taken. ADJOURNMENT Meeting was adjourned at 12:06 p.m. Minutes approved as submitted and/or corrected this the 9 day of April, 2001, 21 Tom Reid Mayor ATTEST: Page 20 of 20 - 3/26/2001