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2001-07-09 CITY COUNCIL REGULAR MEETING MINUTES277 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JULY 9, 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 Mayor Pro -Tem Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Larry Marcott Klaus Seeger Larry Wilkins Bill Eisen Darrin Coker Young Lorfing Absent: Councilmember Richard Tetens and Councilmember Woody Owens. Others in attendance: Executive Director of P.E.D.C. Mike Chance; Deputy City Manager Alan Mueller; Executive Director of Community Services Tobin Maples; Police Chief J.C. Doyle; City Engineer John Hargrove; Director of Finance Jim Causey; Parks and Recreation Director Ed Hersh; Public Works Director Jerry Burns; Project Director Michael Ross; Grants Coordinator Chris Kidwell; Project Manager Allen Hague. The invocation was given by Parks and Recreation Director Ed Hersh and the Pledge of Allegiance was led by City Manager Bill Eisen. MAYOR'S ACTIVITY REPORT: Mayor Reid stated he had met Crystal Granados, a Pearland High School Senior, who reigns as Queen of Pearland. He reported they visited at an event and he told her he was delighted to know we had a Queen of Pearland and asked her to attend a Council Meeting to be introduced. This item was placed on the agenda but, unfortunately, she was unable to attend this meeting. Possibly in the future she could attend a Council meeting so she may be introduced. Mayor Reid introduced Bishop Craig who addressed Council and stated that Stella Roberts passed away recently as a result of heart and lung disease. Prior to this she was active in the Heart and Lung Association. In memory of Stella, and her interest and support of these organizations, a committee is being formed to call attention to a device which is needed and could possibly save a lot of lives. This device is called a Public Access Defibrillator Pad or (A.E.D.), weighing approximately seven pounds and is 18" x 18" x 10" Page 1 of 18 - 07/9/2001 278 in size and is almost indestructible. Bishop Craig further reported on statistics relating to heart disease. Bishop Craig and Jack Roberts, Stella Roberts husband who was also present at the meeting, and other representing various organizations and businesses in the community initiated to raise funds to purchase Automated External Defibrillators (A.E.D.). Their goal is to obtain 50 A.E.D.'s. He further reported more than $40,000 had been collected to purchase the A.E.D.'s. Beth Woods, American Heart Association Regional Director Brazoria-Galveston Counties, gave a brief overview of uses of the Automated External Defibrillators. Ms. Woods presented the Mayor and Council with T-shirts from the American Heart Association. Mayor Reid reported on June 26 he met with Pearland Independent School District Superintendent Bonnie Cain; June 27 - June 30 he attended the TML Risk Pool Board of Directors Meeting; July 2 he had a meeting with homeowners who had flood damage; July 2 he attended the joint workshop between the City of Pearland and the Pearland Independent School District Board members; July 3 he attended the AARP Monthly Meeting; July 9 he attended the Salute to Industry Committee Meeting. Mayor Reid also reported that Councilmember Tetens and Councilmember Owens are on vacation. COUNCIL ACTIVITY REPORTS: Mayor Pro -Tem Marcott reported he attended a meeting at Friendswood High School on Saturday, June 30, 2001 with Congressman Nick Lampson and a number of citizens in the Friendswood area that were flooded. The recent flooding was discussed as well as the cleaning up of Clear Creek. He further reported that a Galveston County Judge was there and had committed, with the Harris County Flood Control District, to survey the Creek and take out some "rip -raft' that is in there, downed trees etc. Mayor Pro -Tem Marcott asked that they also join with Pearland to take a complete survey of the Creek and help clean it out and do what we are able to do, within the law. This is an important issue in helping water move down the Creek. Councilmember Wilkins and Councilmember Seeger passed on giving a report. CITY MANAGER'S REPORT: City Manager, Bill Eisen, reported the FY 2001-2002 Proposed Budget has been passed out for Council to review. Mr. Eisen thanked all the departments for their participation in the budget process and gave a special thanks to Deputy City Manager Alan Mueller and Director Jim Causey, who were the primary people involved in the review process which Page 2 of 18 - 07/9/2001 279 resulted in the final document. Mr. Eisen further reported Council will be considering an action to authorize Staff to apply for funding from the Federal Emergency Management Agency to participate in the process of buying out homes in some of the flooded areas. All of the specifics are not worked out, as of yet, but that action will be considered later on this agenda. CITIZENS: Michael Castleberry, 5609 Megan, addressed Council and stated there is a restaurant being built between Jasper and Hatfield Road. Recently a drain line has been opened up from this area into his subdivision's detention pond. Mr. Castleberry further stated if they have to take someone else's water they ought to share in the maintenance cost of the detention pond. He further expressed his concerns regarding future flooding. In closing, he asked that the City do their job, put the drainage where it should go and close the pipe which was opened into their detention pond. Morris M. Fontenot, 5606 Tyler Street, addressed Council and reported his concern regarding drainage as well. He stated he does not understand why the City would tunnel under Hatfield Road to the east side of Hatfield Road when there is a drainage ditch on the west side. He asked for the City's consideration in the problem they may have with future flooding. Mayor Reid formally recessed the Regular Council Meeting at 8:32 p.m. Mayor Reid formally opened the Docketed Public Hearing at 8:32 p.m. DOCKETED PUBLIC HEARING: REGARDING PROPOSED IMPOSITION OF CITY SALES AND USE TAX WITHIN MUNICIPAL UTILITY DISTRICT NO. 6. CALL TO ORDER PURPOSE OF THE HEARING - REGARDING PROPOSED IMPOSITION OF CITY SALES AND USE TAX WITHIN MUNICIPAL UTILITY DISTRICT NO. 6. STAFF REVIEW - REGARDING PROPOSED IMPOSITION OF CITY SALES AND USE TAX WITHIN MUNICIPAL UTILITY DISTRICT NO. 6. Mayor Reid introduced the Board of Directors for Municipal District No. 6, Vice President Tom Knickerbocker, Secretary Robert Earthman, Assistant Secretary Barry Smotherland, Director Richard Tyler, and Attorney Peter Harding. Page 3 of 18 - 07/9/2001 280 City Manager, Bill Eisen, stated this is the second public hearing on this particular issue. At Staff level there has been some discussion with the representatives of Municipal Utility District No. 6 regarding the possibility of levying the City Sales Tax within the confines of that Municipal Utility District. In order to do this there are certain procedures that have to be followed with one of those procedures being to conduct two public hearings for public comment on the issue. CITIZEN COMMENTS None. COUNCIL/STAFF DISCUSSION City Manager, Bill Eisen, stated in the future there will an action item to consider a contract to enter into an agreement, after the attorney's have an opportunity to review the contract. ADJOURNMENT OF DOCKETED PUBLIC HEARING Docketed Public Hearing was adjourned at 8:37 p.m. Council returned to its Regular Meeting at 8:37 p.m. CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: Minutes of the June 11, 2001, Joint Public Hearing held at 6:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-524 - 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 13, BLOCK 3, SKYWAY MANOR SUBDIVISION, H. T. & B. R.R. COMPANY SURVEY, A-241, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR RECORD IN VOLUME 7, PAGE 67, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 980) (2901 MANVEL ROAD) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-1) TO NEIGHBORHOOD SERVICES DISTRICT (NS) AT THE REQUEST OF CLAUDE AND MARGARET BIRD, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN Page 4 of 18 - 07/9/2001 281 EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. D. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING ORDINANCE NO.1013 -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 McLEAN ROAD IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH FITE ROAD, UPON McLEAN ROAD IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH FITE ROAD; UPON FITE ROAD IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH McLEAN ROAD; 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. Michael Ross, Project Director. E. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING ORDINANCE NO. 1014 -AN ORDINANCE OF THE CITY COUNCILOFTHE CITY OF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON TIPPERARY DRIVE IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH BOGEY WAY, UPON TIPPERARY DRIVE IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH BOGEY WAY, UPON BOGEY WAY IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH TIPPERARY DRIVE; 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. Michael Ross, Project Director. G. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, PLACING ON THE AGENDAS OF THE AUGUST 27, 2001, AND SEPTEMBER 10, 2001, CITY COUNCIL MEETINGS CONSIDERATION OF THE PROPOSED Page 5 of 18 - 07/9/2001 282 FISCAL YEAR 2001-2002 TAX RATE AND SETTING THE PUBLIC HEARING ON THE TAX RATE. Mr. Jim Causey, Director of Finance. H. CONSIDERATION AND POSSIBLE ACTION - SUBMISSION OF PROPOSED 2001-2002 BUDGET AND SETTING OF PUBLIC HEARING ON THE BUDGET, TENTATIVE DATE OF AUGUST 13, 2001 7:00 P.M. Mr. Jim Causey, Director of Finance. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-93 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING THE EXISTENCE OF "SURPLUS PROPERTY" BELONGING TO THE CITY AND DETERMINING THE NEED TO FACILITATE THE PROPER DISPOSITION OF THE CITY'S "SURPLUS PROPERTY." Mr. Gordon Island, Purchasing Officer. Mayor Pro -Tem Marcott asked that Consent Agenda Items C and F be removed from the Consent Agenda for further discussion. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Wilkins, to adopt Consent Agenda Items A through I as presented on the Consent Agenda, with the exception of Items C and F, as presented on the Consent Agenda. Voting "Aye" Councilmembers Seeger, Wilkins, and Marcott. Voting "No" None. Motion Passed 3 to 0, with Councilmember Tetens and Owens absent. MATTERS REMOVED FROM CONSENT AGENDA: C. CONSIDERATION AND POSSIBLE ACTION- SUBDIVISION ACCEPTANCE OF GARDEN GATE SECTION ONE. Mr. John Hargrove, City Engineer. Councilmember Wilkins made the motion, seconded by Councilmember Seeger, to approve the acceptance of Garden Gate Section One. Mayor Pro -Tem Marcott stated Brazoria Drainage District No. 4 has a program to maintain detention facilities in the subdivision. He further stated he would like for Staff to encourage Page 6 of 18 - 07/9/2001 283 the individuals submitting the plats and plans to get into the program up front so there is not a problem in the future. Deputy City Manager, Alan Mueller, stated that Staff, working with Drainage District Superintendent Mike Yost, had prepared a brochure explaining the Drainage District's policies on detention ponds. The brochure is now published and is passed out at development meetings. Mr. Mueller further reported the program is now out there and Staff encourages participation in the program but it is ultimately up to the individuals to decide. This particular project was well underway before the brochure was done. Voting "Aye" Councilmembers Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 3 to 0, with Councilmember Tetens and Owens absent. F. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CERTIFICATION OF THE CURRENT AND ANTICIPATED TAX COLLECTION RATE FOR 2001 BY THE CITY'S TAX ASSESSOR -COLLECTOR. Mr. Jim Causey, Director of Finance. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2001-95. Mayor Pro -Tem Marcott stated the anticipated tax collection rate is 100%, however, 100% of the tax due is not being collected. City Manager, Bill Eisen, stated the anticipated tax collection rate of 100% takes in account not only the current year but also considers the prior year's collection as well. Councilmember Marcott asked about the 2000 Excess Sales Tax being at .00. City Manager, Bill Eisen, stated one relates to property tax and the other is sales tax. Voting "Aye" Councilmembers Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 3 to 0, with Councilmember Tetens and Owens absent. Page 7 of 18 - 07/9/2001 284 NEW BUSINESS: CONSIDERATION AND POSSIBLE ACTION - PRESENTATION OF TIRZ #1 ANNUAL REPORT. Mr. Alan Mueller, Deputy City Manager. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Wilkins, to accept TIRZ #1 Annual Report as presented. Deputy City Manager, Alan Mueller, gave a brief overview of TIRZ #1 Annual Report. Mr. Mueller pointed out the negotiated amount of TIRZ reimbursements for this zone was just $2.1 million and all of those improvements have been completed. An analysis is now being done to begin looking at potential reimbursements sometime later this year. He further reported all of the TIRZ improvements have been completed but there remains, during this year, approximately 40 lots that need to be built on. It is anticipated by the end of this all the lots will be fully built out. The preliminary estimated value, as of January 2001, was approximately $35.7 million and this is estimated to escalate to about $44 million by this time next year. In closing, he stated this is a very quiet zone. All the improvements are being completed and home building is being done right now. Voting "Aye" Councilmembers Seeger, Wilkins and Marcott. Voting "No" None. Motion Passed 3 to 0, with Councilmember Tetens and Owens absent. FIRST READING OF ORDINANCE NO. 1015 -AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 17 OF APPROXIMATELY 294.2651 ACRES OF LAND. Mr. Darrin Coker, City Attorney. Councilmember Wilkins made the motion, seconded by Councilmember Seeger, to table Ordinance No. 1015. Alex Garcia, 1001 Fannin, addressed Council and stated he is representing Brazoria County Municipal District No. 17. They are an In -City District and have not done any previous annexations; Brazoria 18 and 19 have done annexations. This is the first annexation for Brazoria MUD 17. They have been working on this annexation over the past 2 years. As of January 1, 2000, the district has $7.2 million in value. The estimated value for 2001 is $35.6 million, therefore, it has increased fivefold in value which is a Page 8 of 18 - 07/9/2001 - 285 testament to the quality of development which has occurred in the In -City Districts. The benefit to the City approving this annexation is that all of this land is subject to tax exemptions, such as agriculture or some other exemption, or it is just raw land with low value. Once it becomes annexed the developers have a huge incentive to inject high dollars into the ground, in terms of utilities, so their properties can be developed and sold. He further reported it is expected to have approximately $150-$160 million in value generated by the annexation. The other benefit to the City is Impact Fees which will result from the development of the raw land. City Manager, Bill Eisen, stated before a municipal utility district's boundaries can be expanded it is necessary for the municipality to approve of that expansion and that is the item being considered. Councilmember Seeger stated it certainly sounds encouraging as described but, based on the information Council has to review, none of that information is provided. He further stated he would like to have more data and information available to Council. It is necessary to have some type of criteria to review before the annexations are approved. He stated he would like to see this item tabled. Mayor Pro -Tem Marcott stated he has three pieces of paper in his agenda packet that he cannot read. He further stated he cannot vote and commit the City to something he cannot read. If something is going to be submitted to the City it has to be readable so Council is aware of what they are voting on. Mayor Pro -Tem Marcott stated, from the information in the packet ,he does not know where they are because the maps are too small to read. Alex Garcia, representing Municipal Utility District No. 17, stated he apologizes for providing only one large map. Reduced copies for the packet were sent to the City. Mayor Pro -Tem Marcott stated he agrees with Councilmember Seeger. The Council has to know what they are looking at. He further stated by not knowing the correct information the Council is asked to buy a "pig in a poke" and he is not going to vote without the proper information to review. Mayor Pro -Tem Marcott stated he concurs with Councilmember Seeger that this should be tabled until Council has something they can review and know what they are reviewing. Voting "Aye" Councilmembers Seeger, Wilkins and Marcott. Voting "No" None. Motion Passed 3 to 0, with Councilmember Tetens and Owens absent. Page 9 of 18 - 07/9/2001 COUNCIL ACTION - RESOLUTION NO. R2001-90 - 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 CORRIGAN CONSULTING, INC., FOR NOISE MODELING ALONG DIXIE FARM ROAD ADJACENT TO THE DIXIE WOODS SUBDIVISION. Mr. Michael Ross, Project Director. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2001-90. City Manager, Bill Eisen, stated that a portion of the Dixie Farm Road Widening Project Assessment included an analysis and need for a sound wall for this project. The result of that analysis was that one side was justified and needed a sound wall and the other side did not. He further stated the City believes there was a problem with the model established by TxDOT standards. He has had an opportunity to visit with TxDOT Staff and they would be willing to consider a different analysis if it was presented to them. It is Staff's recommendation to retain a consultant to conduct another analysis of that area. Voting "Aye" Councilmembers Seeger, Wilkins and Marcott. Voting "No" None. Motion Passed 3 to 0, with Councilmember Tetens and Owens absent. COUNCIL ACTION - RESOLUTION NO. R2001-91 - A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH GEOGRAPHIC TECHNOLOGIES GROUP, INC., FOR PUBLIC WORKS DATA COLLECTION AND ITS CONVERSION INTO THE CITY'S GEOGRAPHIC INFORMATION SYSTEM. Mr. Michael Ross, Project Director. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2001-91. City Manager, Bill Eisen, stated the intent of this contract is so that additional information can be incorporated into the City's GIS system, specifically, the locations of such things as manholes, water valves and other City -owned appurtenances. He further stated the Volunteer Fire Department has expressed a desire to work with the City to locate fire hydrants at costs a little less than half of this contract price. If an agreement is reached with the Fire Department, that part of the contract may be amended to reflect that change. Page 10 of 18 - 07/9/2001 Mayor Reid stated he would leave this to Council's discretion. Mayor Pro -Tem Marcott asked if this would require a contract with the Fire Department for this service. City Manager, Bill Eisen, stated it is a relatively small dollar figure of $1,700 or $1,800 and can be worked out. Voting "Aye" Councilmembers Seeger, Wilkins and Marcott. Voting "No" None. Motion Passed 3 to 0, with Councilmember Tetens and Owens absent. COUNCIL ACTION - RESOLUTION NO. R2001-89 - 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 BURLINGTON NORTHERN AND SANTA FE RAILROAD, FOR A NEW RAILROAD CROSSING AT THE INTERSECTION OF THE RAILROAD AND ORANGE STREET. Mr. Jerry Burns, Public Works Director. Councilmember Wilkins made the motion, seconded by Councilmember Seeger, to approve Resolution No. R2001-89. City Manager, Bill Eisen, stated this contract will replace the existing surface or add concrete panels to the existing surface, which will make this intersection much smoother to cross. The amount of the contract is approximately 30% of the entire cost of the contract. He further stated this is a common ratio used by the Railroad when working with a municipality. Mayor Pro -Tem Marcott and Deputy City Manager, Alan Mueller, briefly discussed the condition of the Walnut Street and FM 518 intersections. Deputy City Manager, Alan Mueller, stated the City will request the Railroad to do some type of patch on the other crossings in town. Voting "Aye" Councilmembers Marcott, Wilkins, and Seeger. Voting "No" None. Page 11 of 18 - 07/9/2001 :M Motion Passed 3 to 0, with Councilmember Tetens and Owens absent. COUNCIL ACTION - RESOLUTION NO. R2001-86 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING AN AMENDED INVESTMENT POLICY IN ACCORDANCE WITH CHAPTER 2256 OF THE GOVERNMENT CODE ("PUBLIC FUNDS INVESTMENT ACT") FOR PURPOSES OF INVESTING CITY FUNDS IN STATE AUTHORIZED SECURITIES. Mr. Jim Causey, Director of Finance. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2001-86. City Manager, Bill Eisen, asked Mr. Jim Causey, Director of Finance, to briefly describe the changes. Director of Finance, Jim Causey, stated the changes were very minor this year. The adoption of this policy is the only action being taken. The policy itself has not been changed. He further stated the policy is working well for the City and the only thing right now is the interest rates theses days. Voting "Aye" Councilmembers Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 3 to 0, with Councilmember Tetens and Owens absent. FIRST AND ONLY READING OF ORDINANCE NO. 985-4 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 985, THE 2000-2001 ANNUAL BUDGET ORDINANCE, BY AUTHORIZING CERTAIN ADDITIONS IN SPECIAL REVENUE FUNDS FOR MUNICIPAL PURPOSES; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO FACILITATE THE CHANGES IDENTIFIED HEREIN WITHOUT FURTHER APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ADJUST THE CITY BUDGET INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Jim Causey, Director of Finance. Page 12 of 18 - 07/9/2001 289 Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 985-4 on its first and only reading, as amended. City Manager, Bill Eisen, stated this amendment includes several transfers. One of the proposed changes is a Fund balance transfer of $650,000 for vehicle purchases. Mr. Eisen further stated that, earlier in the workshop, there was a discussion on ways to finance buyouts of homes that suffered flood damage, or at least provide a local match for that. If the Council elects not to make the change, take the $650,000 and not put it to the purchase of vehicles then take the $650,000 for the matching fund for buyouts. With the exception of the one change, Staff recommends the adoption of this ordinance. Further discussion ensued between City Manager and Council. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Wilkins, to amend the original motion to include the removal of the $650,000 to use those funds for the possible purchase of the Federal Emergency Management Agency buyouts. Voting "Aye" Councilmembers Seeger, Wilkins and Marcott. Voting "No" None. r'. Motion Passed 3 to 0, with Councilmember Tetens and Owens absent. After the Amendment was voted on Mayor Reid called for a vote on the original motion as amended. Voting "Aye" Councilmembers Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 3 to 0, with Councilmember Tetens and Owens absent. FIRST READING OF ORDINANCE NO. 1012 - AN ORDINANCE OFTHE CITYCOUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A CURFEW FOR PERSONS UNDER THE AGE OF 17 YEARS, BETWEEN 11:00 P. M., ON ANY SUNDAY, MONDAY, TUESDAY, WEDNESDAY, OR THURSDAYAND 6:00 A. M. ON THE FOLLOWING DAY, BETWEEN THE HOURS OF 12:01 A. M. AND 6:00 A. M. ON ANY SATURDAY OR SUNDAY, AND BETWEEN THE HOURS OF 9:00 A. M. AND 2:30 P. M. FOR SCHOOL - AGED CHILDREN ON SCHOOL DAYS; PROVIDING IT UNLAWFUL FOR ANY PERSON SUBJECT TO A CURFEW HEREUNDER TO REMAIN IN ANY PUBLIC PLACE OR ON Page 13 of 18 - 07/9/2001 290 THE PREMISES OF ANY ESTABLISHMENT WITHIN THE CITY DURING CURFEW HOURS; PROVIDING IT UNLAWFUL FOR ANY PARENT OR GUARDIAN OFA PERSON SUBJECT TO A CURFEW HEREUNDER TO KNOWINGLY PERMIT, OR BY INSUFFICIENT CONTROL, ALLOW SUCH PERSON TO REMAIN IN ANY PUBLIC PLACE OR ON THE PREMISES OF ANY ESTABLISHMENT WITHIN THE CITY DURING CURFEW HOURS, PROVIDING IT UNLAWFUL FOR ANY PERSON OWNING, OPERATING, OR IN THE EMPLOYMENT OF ANY ESTABLISHMENT IN THE CITY TO KNOWINGLY ALLOW A PERSON SUBJECT TO A CURFEW HEREUNDER TO REMAIN ON THE PREMISES OF SUCH ESTABLISHMENT DURING CURFEW HOURS; PROVIDING DEFENSES TO PROSECUTION FOR VIOLATIONS HEREUNDER, PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR TIMELY REVIEW AND ANALYSIS OF SAID ORDINANCE TO DETERMINE ITS EFFECTIVENESS; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR CODIFICATION, AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Mr. Darrin Coker, City Attorney. Councilmember Wilkins made the motion, seconded by Councilmember Marcott, to approve Ordinance No. 1012 on its first reading. City Manager, Bill Eisen, stated earlier the City held a public hearing regarding the Curfew Ordinance and heard the Chief of Police's recommendation and he concurs and recommends the ordinance be adopted. Voting "Aye" Councilmembers Seeger, Wilkins and Marcott. Voting "No" None. Motion Passed 3 to 0, with Councilmember Tetens and Owens absent. COUNCIL ACTION - RESOLUTION NO. R2001-88 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION OF THE PIPER ROAD WATER AND SEWER PROJECT. Mr. Jerry Burns, Public Works Director. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2001-88. City Manager, Bill Eisen, stated this is for the extension of water and sewer lines along Piper Road. Page 14 of 18 - 07/9/2001 rC.291 Brief discussion ensued between Council and Staff regarding the project. Mayor Pro -Tem Marcott asked if in two years time the Impact Fees are changed, how will this affect those connecting at that time. Deputy City Manager, Alan Mueller, stated they will pay the Impact Fee that is in effect at the time of connection. Mayor Pro -Tem Marcott asked that this be communicated to potential customers once again. Deputy City Manager, Alan Mueller, stated he is planning to do a public relations mailing to everyone involved to let them know the project is coming and what they need to do to sign up. Voting "Aye" Councilmembers Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens and Owens absent FIRST READING OF ORDINANCE NO. 509-525 - 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 82.103 ACRES, WITHIN THE ALLISON RICHEY GULF COAST HOME COMPANY, SUBURBAN GARDENS SUBDIVISION, T.C.R.R., SECTION 4, ABSTRACT 675, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 981) (NORTHWEST CORNER OF SH 288 AND BROADWAY) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF WELLINGTON STEVENS, III, AGENT FOR PEARLAND FREEWAY PARTNERS AND CARRINGTON WEEMS, ll, OWNERS, PROVIDING FOR AN 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, Executive Director of Community Services. Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Marcott, to approve Ordinance No. 509-525 (Application No. 981) on its first reading. Page 15 of 18 - 07/9/2001 29? Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 981. Harry Masterson, 2904 Robinhood, addressed Council and stated he will be addressing this ordinance and also the ordinance following this item, since it is the same property. He further stated he is one of the land owners, and it was discussed if they could put a buffer on the western edge to insulate Shadow Creek Ranch from their commercial development. Since then they have met with the Planning and Zoning Commission and at that time the issue was tabled. Following this they had a meeting with Alan Mueller, Tobin Maples and Mike Chance and discussed the 150 -foot buffer zone, and the developers were also happy with it. This was taken back to the Planning and Zoning Commission and was unanimously approved. Mr. Masterson also stated the reason the Commercial (C) classification is so important is that he visualizes a large portion of this master plan makes use of the development to be medical or hi -tech, therefore, the Commercial (C) zoning is needed. They envision a campus atmosphere, Class A Business Park. Rocky Stevens, 13019 Boheme, addressed Council and stated when the Joint Public Hearing was conducted it was stated that it would be appreciated if some type of buffer would be established. He further stated their true, sincere effort is to build a very nice, upscale office park. They intend to build quality buildings and build an above average product for office, industrial or retail, whatever they are building. In closing, he stated it is intended to have a 150 -foot buffer classified as Office Professional (OP) versus Commercial (C) and hopes that satisfies this issue. Mayor Pro -Tem Marcott asked if there was a height limit on Office Professional (OP). Executive Director of Community Services, Tobin Maples, stated it is the same as Commercial (C) which is 35 feet. Voting "Aye" Councilmembers Seeger, Wilkins and Marcott. Voting "No" None. Motion Passed 3 to 0, with Councilmember Tetens and Owens absent. FIRST READING OF ORDINANCE NO. 509-526 - 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 4.303 ACRES, WITHIN THE ALLISON Page 16 of 18 - 07/9/2001 293 RICHEY GULF COAST HOME COMPANY, SUBURBAN GARDENS SUBDIVISION, T.C.R.R., SECTION 4, ABSTRACT 675, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 981) (NORTHWEST CORNER OF SH 288 AND BROADWAY) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO OFFICE PROFESSIONAL DISTRICT (OP) AT THE REQUEST OF WELLINGTON STEVENS, III, AGENT FOR PEARLAND FREEWAY PARTNERS AND CARRINGTON WEEMS, II, 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, Executive Director of Community Services. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 509-526 (Application No. 981) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 981. Mayor Pro -Tem Marcott asked if any landscape vegetation will be seen on this property line because there will be houses across. Rocky Stevens, 13019 Boheme, stated they do envision a nice landscape and tree line. Voting "Aye" Councilmembers Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 3 to 0, with Councilmember Tetens and Owens absent. COUNCIL ACTION - FEMA (FEDERAL EMERGENCY MANAGEMENT AGENCY) APPLICATION. Mr. Bill Eisen, City Manager. Councilmember Wilkins made the motion, seconded by Councilmember Seeger, to approve the FEMA (Federal Emergency Management Agency) application. City Manager, Bill Eisen, stated, as discussed in the workshop held earlier this evening, the application will include approximately 154 Pearland homes which are eligible for the Accelerated Buyout program. The total appraised value (CAD) of these homes is approximately $13.2 million. The overwhelming majority of these homes are located in the Corrigan (113), Twin Creek Woods (19), Sleepy Hollow (12) and Green Tee (10) Page 17 of 18 - 07/9/2001 294 subdivisions. The City will also be proceeding next week with a public meeting to make the citizens aware of the opportunities available. Voting "Aye" Councilmembers Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 3 to 0, with Councilmember Tetens and Owens absent. OTHER BUSINESS: None. ADJOURNMENT: Meeting was adjourned at 9:30 p.m. Minutes approved as submitted and/or corrected this the 23rd day of Jam, 2001. Id Tom Reid Mayor ATTEST: Page 18 of 18 - 07/9/2001