Loading...
2001-05-14 CITY COUNCIL REGULAR MEETING MINUTES - 7:00PM191 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MAY 14, 2001, 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 City Secretary Tom Reid Larry Marcott Richard Tetens Woody Owens Larry Wilkins Klaus Seeger Bill Eisen Darrin Coker Young Lorfing Others in attendance: Manager of Administrative Support Tobin Maples; City Engineer John Hargrove; Executive Director P.E.D.C. Mike Chance; Fire Chief Paul Jamison; Purchasing Officer Gordon Island; Grants Coordinator Chris Kidwell; Public Works Director JerryBurns; Project Director Michael Ross; Deputy City Manager Alan Mueller; Community Relations Liaison Phibi Vassallo; Parks and Recreation Director Ed Hersh; Assistant City Attorney Nghiem Doan. The invocation was given by Councilmember Tetens and the Pledge of Allegiance was led by Mayor Pro -Tem Marcott. MAYOR'S ACTIVITY REPORT: Councilmember Owens and Mayor Reid presented a proclamation to Ginger Marshall, M.D., representative for Kids Day America/International, proclaiming May 19, 2001 as Kids Day America/International Day. Mayor Pro -Tem Marcott and Mayor Reid presented a proclamation to Fire Marshal Larry Steed and Assistant Fire Marshal Jerry Byrd to proclaim the week of May 21-25, 2001 as Hurricane Awareness Week in Brazoria County. Mayor Reid stated on April 24, 2001 he visited with the third grade class at Shadycrest School and also attended a meeting of a Committee formed to invite Congressman Tom DeLay to Pearland; April 25 he attended the South Hampton Estate groundbreaking; April Page 1 of 18 - 05/14/20017:00 194 26 the Mayor attended Stella Roberts funeral, a Ribbon Cutting for Pearland Golf Club and the Candidates Forum; April 27 he attended the Keep Pearland Beautiful Annual Banquet and the Celebrity Reading at Challenger School; April 28 he attended the Exchange Club's "Shake a Baby" Rally; April 29 presented a Proclamation to First Baptist Church; May 1 he attended the AARP Monthly Meeting and the Retirement Dinner for Gordon Myers with the Gulf Coast Water Authority; May 2 he attended the Neighborhood Center Forum and a Workshop Fed Housing Administration Meeting; May 3 he attended a Ribbon Cutting for Alamo Title, a Regional Exchange Club Officer of the Year and Southeast Economic Development Corporation's Annual Banquet; May 7 the Mayor attended a Rotary Golf Tournament, District Education Improvement Committee and Council Workshop; May 8 he attended a briefing on Clover Field improvements and a Special Council Meeting to canvass the General Election; May 9 he attended a County Tax Abatement Committee Meeting, Adult Reading Board and a Meeting of the City Council and Charter Review Commission; May 10 the Mayor attended the third grade Shadycrest School Event, and Citizen Police Academy Graduation; May 11 he attended a Chamber Breakfast; May 12 he spoke at the Regional Girl Scout Bridging Event. Mayor Reid stated he would like to recognize Scout Troop 486 who were in attendance at tonight's meeting to accomplish their Civic Badge. COUNCIL ACTIVITY REPORTS: Mayor Pro -Tem Marcott stated the Corps of Engineers had three Public Meetings which, in all of the meetings, he read the proclamation the City of Pearland adopted in February 2001. Mayor Pro -Tem Marcott is the City of Pearland representative for the Citizen's Advisory Committee which began about a year ago. He stated in these meetings he discussed the City of Pearland, being at the headwaters of Clear Creek, to not be the only City to dig retention ponds and do the necessary work to hold the water back and that cities downstream need to do their part as well. He further stated other cities along Clear Creek are receiving the benefit of Pearland's policy and not doing anything to help themselves. This is the subject he is discussing in the public meetings with the Corps of Engineers. He encouraged citizens to look at the website available on this subject being www.clearcrookproject.com. The engineering is projected to be complete in 2003. Councilmember Tetens stated the Citizen's Police Academy Alumnus Association requested he mention the lack of maintenance in the Public Safety building. He further stated the columns in front of the building have tiles coming off and are not being replaced and also the inside of the building needs repainting. The grounds outside the building are mowed every two weeks and they feel it is not often enough. He further stated citizens in the area of Longwood Park are concerned since cut -through traffic in their neighborhood Page 2 of 18 - 05/14/2001 7:00 195 has increased and suggested the answer may be to put in additional stop signs, if that is appropriate. Councilmember Owens stated he had nothing to report. Councilmember Seeger.stated he had nothing to report. Councilmember Wilkins stated he had nothing to report. CITY MANAGER'S REPORT: City Manager, Bill Eisen, stated swimming at the City Pool is weekends only from May 19- 28 and then open seven days a week for the remainder of summer. He further reported on upcoming meetings such as an Open House on Thursday, May 17, to discuss current developments on Cullen Boulevard Land Use Plan. On Monday, May 21, there will be a more formal Public Hearing on this issue. He reminded everyone of the Memorial Day holiday on Monday, May 28, and that there will be no regularly scheduled Council Meeting on that date. CITIZENS: Arthur Torres, 4102-U, addressed Council and stated he has been selling food at Cole's Flea Market for the past ten years until the Pearland Health Department decided to close him up. He stated he has had a health inspection three times in the past ten years with no problems until recently when he was closed down by City Health Inspectors. He added that his business was his only income and at his age the only employment he can get is a greeter at Wal-Mart paying minimum age. He would like for the Health Department to work with him on this and stated his is not a dirty operation. Stella Price, 221 West Texas Avenue, addressed Council and read a petition to Council from over 400 dealers at Cole's Flea Market stating they feel they are being unfairly targeted for violations because the majority of the Flea Market's customers and 90% of dealers are Latino. She stated that other nearby businesses are not being targeted for the same violations customers and dealers are from Cole's Flea Market. She further stated she would like Council and the Pearland Police Chief to look into this matter. DOCKETED PUBLIC HEARING: None. Page 3 of 18 - 05/14/2001 7:00 CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: Minutes of the May 7, 2001, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the April 23, 2001, Regular Council Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION - EXCUSE ABSENCE OF COUNCILMEMBER LARRY WILKINS FROM THE REGULAR MEETING HELDON APRIL 23, 2001. City Council. C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 1010 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A CERTAIN TWENTY FOOT (20') WIDE ACCESS EASEMENT LOCATED ALONG FM 518 AND MORE PARTICULARLY DESCRIBED AS LOT A, BLOCK 1, OF THE GEORGE W. JENKINS SUBDIVISION WITHIN THE CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OFORDINANCE NO. 509 -521 -AN ORDINANCE OFTHE 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, BLOCK 1, BUENA VIDA SUBDIVISION, H. T. & B. R.R. COMPANY SURVEY, A-240, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 316) (5725 CANTU) FROM CLASSIFICATION SUBURBAN DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-3) AT THE REQUEST OF RAFAEL SALAZAR AND GEORGE SALAZAR, 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. E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509 -522 -AN ORDINANCE OF THE CITY COUNCIL OF THE Page 4 of 18 - 05/14/2001 7:00 197 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 AND GRANTING A SPECIFIC USE PERMIT FOR A MACHINE SHOP AND SPECIFIC USE FOR AN RWBOAT STORAGE ON THE FOLLOWING PROPERTY, BEING 9.743 ACRES BEING A PART OF LOT 18, ALLISON RICHEY GULF COAST COMPANY SUBDIVISION, F.B. DRAKE SURVEY, H. T. & B. R.R. COMPANY SURVEY NO. 8, A-504, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDS IN VOLUME. 2, PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 977 AND SPECIFIC USE NOS. 91 & 92) (2413 ROY ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT - SPECIFIC USE (C(S)S) ATTHE REQUEST OF BOBBY EARL HOPPER 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. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Marcott, to adopt Consent Agenda Items A through E, as presented on the Consent Agenda. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA: None. NEW BUSINESS: FIRST READING OF ORDINANCE NO. 943 -3 -AN ORDINANCE OFTHE CITYCOUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 7.0, TRANSPORTATION, OF THE CITY'S COMPREHENSIVE PLAN AS A GUIDE FOR PROPER DEVELOPMENT OF AN INTEGRATED TRANSPORTATION SYSTEM IN PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR CODIFICATION. Mr. Tobin Maples, Manager of Administrative Support. Page 5 of 18 - 05/14/2001 7:00 Councilmember Owens made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 943-3 on its first reading. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION - TAX INCREMENT REINVESTMENT ZONE NUMBER TWO ANNUAL AUDIT. Mr. Alan Mueller, Deputy City Manager. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Wilkins, to accept the Tax Increment Reinvestment Zone Number Two Annual Audit. City Manager, Bill Eisen, reported the State of Texas requires a Tax Increment Reinvestment Zone give a report, on an annual basis, on the status of the project. Mr. Eisen introduced Tim Austin, an attorney with Vinson & Elkins. Tim Austin of Vinson & Elkins, attorneys for TIRZ No. 2, addressed Council and briefly summarized the history on the creation of the TIRZ. It was created in 1998 and construction and contracts have been awarded and approved for the initial development being done. From a financial point of view, from the base year, the value of the property has approximately doubled. Gary Cook, 2947 East Broadway, with Shadow Creek Ranch Development Corporation gave an overview on the progress of TIRZ No. 2. He reported the creation of Shadow Creek Ranch Maintenance Association, which is a nonprofit entity that will maintain all public improvements financed through the TIRZ, with the exception of streets and utilities which are typically maintained by the City of Pearland. A Homeowner's Association has been created for the first village, which is Emerald Bay. David Tinney, 2929 Briarpark Drive, with LJA Engineering addressed Council and gave a slide presentation on the particulars of the development of Shadow Creek Ranch. Voting "Aye" Councilmembers Wilkins, Seeger, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. Page 6 of 18 - 05/14/2001 7:00 199 FIRST READING OF ORDINANCE NO. 1011 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 19 OF APPROXIMATELY 304.3613 ACRES OF LAND. Mr. Darrin Coker, City Attorney. Councilmember Wilkins made the motion, seconded by Councilmember Seeger, to approve Ordinance No. 1011 on its first reading. City Manager, Bill Eisen, stated in October of 1998 City Council approved the creation of MUD District 19 and State law requires annexations cannot be made to MUD without Council approval. City Attorney, Darrin Coker, stated a change needs to be made to Ordinance 1011, dependent on Council's approval, regarding the amount of acres being annexed from 304.3613 acres to 304.3603. Councilmember Tetens stated he recommends that a map be included for Council review prior to the Council meeting. City Attorney, Darrin Coker, stated a map was not available until today and further stated a request was made that maps be available in a more timely manner so Council may review them. Mayor Pro -Tem Marcott stated he recommends that if a map is not available for review the item should be tabled until a map is available to Council prior to the meeting. He asked if the 300+ acres being annexed were contiguous and if they are not, then why are they not. City Attorney, Darrin Coker, stated in -city MUD's are not required to be contiguous and all three in -city MUD's in Pearland are fractured in this manner. Deputy City Manager, Alan Mueller, stated when the MUD's were originally approved they were noncontiguous and were annexed in large parcels due to the administrative cost of creating MUD's for every parcel of land. This is why this particular annexation is not contiguous. Most of the parcels were in different areas, and sometimes more than one developer, to create a larger MUD due to the cost effectiveness. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Page 7 of 18 - 05/14/20017:00 200 Motion passed 5 to 0 COUNCIL ACTION - RESOLUTION NO. R2001-59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING ONE (1) REPRESENTATIVE AND ONE (1) ALTERNATE TO THE HOUSTON-GALVESTON AREA COUNCIL2001 GENERAL ASSEMBLY AND BOARD OF DIRECTORS. Mayor Tom Reid. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2001-59. Mayor Reid gave a brief overview of HGAC's 2001 General Assembly and Board of Director's election process. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2001-62 - 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 CARTER -BURGESS, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE WASTEWATER MASTER PLAN FOR THE WESTERN FM 518 CORRIDOR. Mr. Michael Ross, Project Director. CouncilmemberTetens made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2001-62. City Manager, Bill Eisen, stated this is a contract with Carter -Burgess to do planning in the wastewater area. He further stated this project will be paid for by the Pearland Economic Development Corporation. Mayor Pro -Tem Marcott stated the contract with Carter -Burgess ends upon completion and he would like to know when is the completion date. Project Director, Michael Ross, stated 90 -120 days will be the projected completion date and includes the environmental aspect. Mr. Ross also stated they would attempt to make this process as speedy as possible. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Page 8 of 18 - 05/14/2001 7:00 2D1.. Voting "No" None Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2001-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING A WATER SUPPLY CONTRACT WITH THE CITY OF HOUSTON. Mr. Michael Ross, Project Director. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Marcott, to approve Resolution No. R2001-63. City Manager, Bill Eisen, stated this was an agreement made last year with the City of Houston to provide a new connection to the water supply that involved construction of a considerable length of water line to connect to the northern portion of Pearland. He stated this amendment is to that water line and means the City will no longer be responsible for maintenance of the line from which the City could provide direct service to customers. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R98 -59A - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONFIRMING PASSAGE AND APPROVAL OF RESOLUTION NO. R98-59, GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT IN A REINVESTMENT ZONE CREATED IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS, FOR PURPOSES OF BRINGING IT INTO COMPLIANCE WITH CURRENT STATE LAWS; CLARIFYING THE DURATION OF TAX ABATEMENT AGREEMENTS AND THE AMOUNT OF TAXES THAT MAY BE ABATED; CHANGING THE MINIMUM CAPITAL INVESTMENT REQUIRED; AND CHANGING THE NOTICE REQUIREMENTS FOR HOLDING PUBLIC HEARINGS FOR TAX ABATEMENT; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND A SEVERABILITY CLAUSE. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to approve Resolution No. R98 -59A. City Manager, Bill Eisen, stated he recommends that Council amend the wording which states just Brazoria County since Pearland is also in Harris, Fort Bend and Brazoria Page 9 of 18 - 05/14/2001 7:00 202 counties. He recommended the wording be changed to City of Pearland and other participating entities in the event that abatement takes place in Fort Bend or Harris Counties so those will be covered by this resolution. City Attorney, Darrin Coker, stated these changes are mostly cosmetic and no major changes are being proposed. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2001-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PHASE III BUILD -OUT OF THE COMMUNITY CENTER. Mr. Gordon Island, Purchasing Officer. Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Marcott, to approve Resolution No. R2001-64. City Manager, Bill Eisen, stated this resolution is for Phase III build -out for construction of offices for the Parks and Recreation Department, previously occupied by the Library. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2001-65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE CITY'S EMPLOYEE HANDBOOK FOR THE CREATION OF A 9/80 WORK WEEK. Mr. Tobin Maples, Manager of Administrative Support, Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2001-65. City Manager, Bill Eisen, stated this will change City Hall office hours to 7:30 a.m.-5:30 p.m. daily and will allow City of Pearland employees, who may participate, to have every Page 10 of 18 - 05/14/2001 7:00 203 other Friday off. He further stated he has had mostly positive reactions, from City employees, to the proposed new schedule. Councilmember Owens stated he was concerned about not having adequate staff for the proposed work schedule and the City having to hire additional personnel to accommodate. He further stated he would like for Council to track this for a little while to make sure this is not happening. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2001-66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING A DONATION DEED FOR TWO TRACTS OF LAND NORTH OF CLEAR CREEK TO BE USED FOR THE EXTENSION OF PEARLAND PARKWAY AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN AGREEMENT ASSOCIATED WITH THE DONATION DEED. Mr. Alan Mueller, Deputy City Manager. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2001-66. City Manager, Bill Eisen, stated this involves acquisition of two tracts of land which are involved in the extension of Pearland Parkway. As compensation to the owners for dedication and property, the owners have requested the City allow designation of acreage for regional retention, allow the sellers to obtain dirt from the City at the sellers cost, provide median cuts to the sellers for their remaining property and allow the sellers to connect to City utility system, at their own cost, as well as the City's best efforts to re -zone the property if it should ever be de -annexed from the City of Houston. City Attorney, Darrin Coker, stated the zoning issue only states the City will make their best effort to work it through the system. This in no way means the City agrees to re -zone the property. Ultimately this decision would be made by Council at that time. Councilmember Tetens requested that maps be available on items such as this. City Manager, Bill Eisen, stated that every attempt would be made to make maps available in the future. Page 11 of 18 - 05/14/2001 7:00 204, Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2001-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A STANDARD POLICY REGARDING PAYMENT IN LIEU OF TAX AGREEMENTS. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Marcott, to approve Resolution No. R2001-67. City Manager, Bill Eisen, stated the Southeast Texas Housing Finance Corporation is currently working with two groups interested in developing multi -family projects in the City and because of certain things those groups are doing, with regards to providing lower income housing, those projects would typically be property tax exempt. Southeast Texas Housing Finance Corporation requires project developers work with localities to develop payment in lieu of tax agreements and the City is currently in the process of negotiating these agreements. Councilmember Seeger asked if this resolution is to create policy only and not an actual agreement. Mr. Eisen stated this resolution was only to receive instruction from Council so that the City could go back to these two entities and have some basis for negotiation. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2001-68 - 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 PUBLIC SAFETY CONSULTING FOR THE PREPARATION OF A FIRE DEPARTMENT STAFFING ANALYSIS. Mr. Bill Eisen, City Manager, and Mr. Larry Steed, Fire Marshal. Page 12 of 18 - 05/14/2001 7:00 205" Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to table Resolution No. R2001-68 until the next Regular Council Meeting on June 11, 2001. City Manager, Bill Eisen, stated this item was based on a report from a firm Council had requested in 2000 to make an analysis of the City's Fire Department. One of the items that came out of this report was to give consideration of hiring paid personnel to work during weekdays, daytime hours to supplement volunteer personnel. Mr. Eisen stated before tonight's meeting he had received a request from the Fire Department requesting this item be tabled for an additional thirty days. Mayor Pro -Tem Marcott stated he sees no reason to wait thirty days and stated the City needs to move forward with this item and see what happens. Councilmember Seeger stated, according to the note sent to Council by the Pearland Fire Department requesting this item be tabled, the Fire Chief stated they had not been contacted so had no opportunity for input into this study. Councilmember Seeger further stated since this directly affects the Fire Department, they should have an opportunity to have some input. Councilmember Wilkins stated he also feels that an additional thirty days was reasonable to wait until the Fire Department could do further study on this item. Councilmember Owens stated there had been plenty of opportunity, since the first discussion in 2000, for the Fire Department to have input. Deputy City Manager, Alan Mueller, stated he had spoken to Fire Marshal Larry Steed, liaison for the volunteer fire personnel, after the Council Retreat where the goals of 2001 were adopted and requested Fire Marshal Steed request a proposal from the consultant, who did the previous study, to analyze this. After a few weeks of back and forth discussion between he and Larry Steed they were able to put this in the standard form and this is how it came to this point. Discussion ensued between Mayor, Council and Staff regarding the agreement for the preparation of a Fire Department Staffing Analysis. Voting "Aye" Councilmembers Wilkins, Seeger and Tetens. Voting "No" Councilmembers Marcott and Owens. Motion Passed 3 to 2. Page 13 of 18 - 05/14/2001 7:00 206 COUNCIL ACTION - RESOLUTION NO. R2001-69 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY OF PEARLAND TO PARTICIPATE IN THE H -GAC ENERGY PURCHASING CORPORATION. Mr. Darrin Coker, City Attorney. Councilmember Wilkins made the motion, seconded by Councilmember Seeger, to approve Resolution No. R2001-69. City Manager, Bill Eisen, stated beginning January 1, 2002 electric rates within the State of Texas will be deregulated and municipalities will have the opportunity to join with other governmental entities to buy electricity in a larger volume so they can receive a better rate. This is the purpose of the H -GAC Energy Purchasing Corporation which is one of the aggregators of this type of program, and will only be a one year term agreement by the City with H -GAC. Councilmember Owen asked if there will be a fee the City has to pay back into H -GAC. City Manager, Bill Eisen, stated there will be an administrative fee, that is yet to be determined, but based upon what he was told he believes it will be .6 or .7 of 1% which would be approximately $5000 - $6000. Further discussion ensued between Council and City Manager as to the cost and length of agreement benefits of this program. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 845-2 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 29, TRAFFIC, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN FROM TIME TO TIME AMENDED, FOR PURPOSES OF AMENDING THE PENALTY PROVISION FOR ILLEGALLY PARKING IN DISABLED PARKING SPACES; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED FOR ENFORCEMENT OF HANDICAPPED PARKING LAWS Page 14 of 18 - 05/14/2001 7:00 207 BEARS DIRECTLY UPON THE HEALTH, SAFETYAND WELFARE OFTHE CITIZENRY. Mr. Darrin Coker, City Attorney. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 845-2 on its first and only reading. City Manager, Bill Eisen, stated this brings the City in conformance with State law which now provides for a larger penalty for parking in a disabled parking space. City Attorney, Darrin Coker, stated the City is currently fining violators the larger amount, under the State Statute, instead of the amount the City Ordinance allows. This brings the City ordinance into compliance with State law. Mr. Coker reported this recommendation came from Police Officer Jon Matherne who heads up the Community Services portion of the Police Department and works with the Citizens Police Academy. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-520 - 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 .285 ACRES OF LAND IN LOT 26, FIGLAND ORCHARD SUBDIVISION, SECTION 13, H. T. & B. R.R. CO. SURVEY, A-240, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3, PAGE 77, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 970) (FITE ROAD) FROM CLASSIFICATION SUBURBAN DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-3) AT THE REQUEST OF YOLANDA BEJARANO, AGENT FOR JULIAN BEJARANO, 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. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-520 (Application No. 970) on its first reading. Page 15 of 18 - 05/14/2001 7:00 PQST Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 970. City Manager, Bill Eisen, stated this is a zoning change on approximately a quarter of an acre of land that would allow an individual to build one single-family residence. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-523 - 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 PROPERTYAND GRANTING A SPECIFIC USE PERMIT FORA MODEL HOME PARK ON THE FOLLOWING PROPERTY, BEING 2.2055 ACRES OUT OF THE J. CROWLEYSURVEY, A-174, BRAZORIA COUNTY, TEXAS, ON THE EASTERLY SIDE OF STATE HIGHWAY 288 BRAZORIA COUNTY, TEXAS (APPLICATION NO. 976 AND SPECIFIC USE NO. 93) (SOUTH HIGHWAY 288 FRONTAGE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB(S)) AT THE REQUEST OF LOU CORTE, AGENT FOR POWERS/PARKER L.L.C., 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 Mayor Pro -Tem Marcott, to approve Ordinance No. 509-523 (Application No. 976 and Specific Use No. 93) on its first reading, as amended. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 976 and Specific Use No. 93. Roger Shaper, 1308 Clemens Switch Road, stated he is president of U.S. Affordable Homes Corporation and is at this meeting to discuss his intention of building a Model Home Park, with Council's approval, on State Highway 288 at McHard Road. He stated it will be a beautiful facility that will enhance the City of Pearland. Page 16 of 18 - 05/14/2001 7:00 209 Councilmember Tetens requested that a provision be added in the Specific Use Permit that states if the Model Park ceases to operate, the buildings will be removed from the property. Councilmember Tetens made the motion, seconded by Councilmember Owens, to amend Ordinance No. 509-523 (Application No. 976 and Specific Use No. 93) to reflect as part of the Specific Use Permit to state if the Model Park ceases to operate, the buildings will be removed from the property. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. Mayor Reid recessed this Regular Council Meeting at 9:02 p.m. to conduct business on the next agenda, then reconvene this meeting to go into Executive Session. Mayor Reid called this meeting back to order at 9:15 p.m. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:18 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE SECTION 551.071 - CONSULTING WITH CITY ATTORNEY: REGARDING LEGAL MATTERS SUBJECT TO ATTORNEY-CLIENT PRIVILEGE REGARDING THE CITY OF PEARLAND LANDFILL. Mr. DarrinCoker, City Attorney. 2. SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING THE SALE, PURCHASE, OR EXCHANGE OF LAND LOCATED ALONG FM 518. City Council. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 10:06 p.m. Page 17 of 18 - 05/14/2001 7:00 210 COUNCIL ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING LEGAL MATTERS SUBJECT TO ATTORNEY-CLIENT PRIVILEGE REGARDING THE CITY OF PEARLAND LANDFILL. Mr. Darrin Coker, City Attorney. No Council action taken. COUNCIL ACTION -DIRECTION TO STAFF REGARDING THE SALE, PURCHASE, OR EXCHANGE OF LAND LOCATED ALONG FM 518. City Council. No Council action taken. ADJOURNMENT: Meeting was adjourned at 10:07 p.m. Minutes approved as submitted and/or corrected this the 11t1 day of June, 2001. Tom Reid Mayor ATTEST: Page 18 of 18 - 05/14/2001 7:00