Loading...
2001-10-22 CITY COUNCIL REGULAR MEETING MINUTES229 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 22, 2001, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Larry Marcott Richard Tetens Woody Owens Klaus Seeger Larry Wilkins Bill Eisen Darrin Coker Young Lorfing Others in attendance: Deputy City Manager Alan Mueller; Executive Director of Community Services Tobin Maples; Executive Director of PEDC Mike Chance; Police Chief J.C. Doyle; City Engineer John Hargrove; Community Relations Liaison Phibi Vassallo; Public Works Director Jerry Burns; Assistant City Attorney Nghiem Doan; Fire Marshal Larry Steed; Project Manager Allen Hague. The invocation was given by Bob Lewis and the Pledge of Allegiance was led by Mayor Pro -Tem Marcott. MAYOR'S ACTIVITY REPORT: Mayor Reid reported on October 9 he spoke to the Jr. High 91h grade class and then met with the Historical Society at the St. Agnes Church regarding a historical marker and also attended a Special Council Meeting; October 10 he attended a BCDD#4 Meeting and an Adult Reading Board of Directors Meeting; October 11 attended a ribbon cutting for McDonald Tax Service; October 12 attended a Chamber. of Commerce Business Breakfast; October 15 attended an agenda meeting, Brazoria County School -To -Work meeting, presented a proclamation to Meador Staffing proclaiming Temporary Employers Week, and then attended a Council Workshop; October 16 attended an HGAC Board of Directors Meeting, a TIRZ #1 Board Meeting, and then a Bond presentation at the Majestic Church; October 17 he guided a tour of City Hall to the 2"' grade class of Shadycrest Elementary, attended the Chamber of Commerce Monthly Luncheon, and also attended the Brazoria County Cities Association Monthly Meeting; October 18 attended a meeting of the Chamber Leadership Council and a Gulf Coast Water Authority Board of Directors Meeting; October 19 he guided a tour of City Hall to the 4th grade class of C.J. Harris Elementary and attended a Chamber of Commerce Trade Fair; October 20 attended the Page 1 of 29 - 10/22/2001 230 Meet the City function at City Hall, the Historical Society Annual Meeting and Luncheon, presented a proclamation for Bowling for Books and attended the Keep Pearland Beautiful Plant Sale. COUNCIL ACTIVITY REPORTS: Councilmembers Tetens, Owens, Wilkins, and Seeger passed on giving a report. Mayor Pro -Tem Marcott stated he spent last Tuesday traveling up Clear Creek with City Manager Bill Eisen, Brazoria County Drainage Commissioner Jeff Brennan, and a number of the committee members of the Clear Creek Citizens Advisory Committee. The tour began in League City, just above Clear Lake, in 7 boats with 4-6 people in each boat. One boat held a camera crew that the Corps of Engineer had with the Citizens Advisory Committee so they may get a better appreciation of what the creek is. The tour went all the way to FM 2351 where they had to climb up the muddy bank to go and have lunch. They then took a bus ride on up across the creek in several places including going out on Barry Rose to look at the creek. He stated that having never been on the creek before it was a real eye-opener. In the Clear Lake and League City area, where there is not much of a problem with flooding, it is all flat land and marsh where the water has a lot of places to spread out. When you get past FM 2351 the creek begins closing in and the other creeks start coming in, such as Coward's Creek and Mary's Creek. A member of the Clear Creek Drainage District was there and said in the area of Friendswood they were in; the water was 19 feet above the level that they currently were at. He further stated you can see houses up there that you felt would certainly be dry and then you looked at the debris line in the trees and the debris was up there. There was a tire hanging on a tree up about 20 feet in the air as well as a child's backpack, which was hanging above the creek in one of the trees. He stated it is a jungle down there and needs to be cleared out. Some of the environmentalists were with them and they could not see a problem. Trees are growing in the creek. People went up to the creek the week before the tour to make sure they would be able to do the tour and they reported since that time a big tree had fallen into the creek. It is a mess and will continue to be a mess until the Corps of Engineers can be convinced to clean the creek out and make it wider and deeper. If the area had another rain such as the one in June 2001, the creek would not be able to contain the water, even if it was cleaned out. There are a lot of trees and debris in the creek. People need to talk to their congressman and the Corps of Engineers about this issue. CITY MANAGER'S REPORT: City Manager, Bill Eisen, stated he would like to reiterate what Mayor Pro -Tem Marcott reported about the condition of Clear Creek. The difference in the characteristics of the creek, further east and south of Pearland versus what they are in Friendswood and Page 2 of 29 - 10/22/2001 231 Pearland is night and day. Part of the flood control program for Pearland has got to be to endorse and vigorously support improvements downstream. Mr. Eisen reported the City held their annual Meet the City day this past Saturday. It was a tremendous success thanks to the efforts of a lot of people. Mr. Eisen then recognized city employee Phibi Vassallo, Community Relations Liaison, who was the Chair of a. committee of employees who put this event together and thanked her for the work she did on this project. Mr. Eisen reported that early voting for the City's Bond election began at the Meet the City event this past Saturday and, through today, 150 votes have been cast. He stated he would like to encourage everyone to take advantage of the many opportunities there are and vote early. Monday through Friday early voting will be offered at City Hall and Epiphany Lutheran Church. In addition, early voting will be offered Saturday and Sunday of this week. Election day will be November 6, 2001. CITIZENS: None DOCKETED PUBLIC HEARING: None. CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the October 8, 2001, Public Hearing held at 6:30 p.m. 2. Minutes of the October 8, 2001, Joint Public Hearing held at 6:30 p.m. 3. Minutes of the October 8, 2001, Regular Council Meeting held at 7:30 p.m. 4. Minutes of the October 9, 2001, Special Meeting held at 6:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-531 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LANE) USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 80ACRES OUT OF THE F. B. DRAKE SURVEY, A-508, SECTION 12, H. T. & B. R.R. CO. SURVEY, CITY OF PEARLAND, BRAZORIA CO., TX (APPLICATION NO. 988)(VETERANS ROAD @ SPRINGFIELD AVENUE) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) AND HEAVY INDUSTRIAL DISTRICT (M-2) TO SINGLE FAMILY DISTRICT (R-2) AT THE REQUEST OF JAMES CORNELIUS OF Page 3 of 29 - 10/22/2001 232 SOW ELL & COMPANY, AGENT FOR MARY F. EDWARDS, 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, Executive Director of Community Services. C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-536 - 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 ACRES OUT OF LOTS 8 & 9, HICKORY PLACE SUBDIVISION, VOLUME 18, PAGE 333- 334, B. C. P. R., H. T. & B. R.R. COMPANY SURVEY, A-310, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 989)(HUGHES RANCH ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF ZEEBA PAKSIMA AGENT FOR TRADITIONAL CONCEPTS, INC., 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, Executive Director of Community Services. D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 1015 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO.17 OFAPPROXIMATELY 294.2651 ACRES OF LAND, Mr. Darrin Coker, City Attorney. E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 1027 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 18 OF APPROXIMATELY 24.968 ACRES OF LAND. Mr. Darrin Coker, City Attorney. F. CONSIDERATION AND POSSIBLE ACTION - EXCUSE ABSENCE OF COUNCILMEMBER RICHARD TETENS FROM THE REGULAR COUNCIL MEETING HELD ON OCTOBER 8, 2001. City Council. Page 4 of 29 -10/22/2001 2-33 G. CONSIDERATION AND POSSIBLE ACTION - CHAMBER OF COMMERCE CHRISTMAS PARADE APPLICATION. H. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-148 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING TIMES AND DATES FOR NOVEMBER 2001, DUE TO THE THANKSGIVING HOLIDAY. Mr. Darrin Coker, CityAttomey. Councilmember Tetens asked that Consent Agenda Items B, E, and H be removed from the Consent Agenda for further discussion. Councilmember Tetens made the motion, seconded by Councilmember Owens, to adopt Consent Agenda Items A through H, with the exception of items B, E, and H 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: CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO.509-531 -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 80 ACRES OUT OF THE F. B. DRAKE SURVEY, A-508, SECTION 12, H. T. & B. R.R. CO. SURVEY, CITY OF PEARLAND, BRAZORIA CO., TX (APPLICATION NO. 988)(VETERANS ROAD Q SPRINGFIELD AVENUE) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) AND HEAVY INDUSTRIAL DISTRICT (M-2) TO SINGLE FAMILY DISTRICT (R-2) AT THE REQUEST OF JAMES CORNELIUS OF SOWELL & COMPANY, AGENT FOR MARY F. EDWARDS, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATEAND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Tetens made the motion, seconded by Councilmember Owens, to deny Ordinance No. 509-531 (Application No. 998) on its first reading. Page 5 of 29 - 10/22/2001 234 Councilmember Tetens stated that the City Council of the City of Pearland is charged with the responsibility to protect the health, safety, and welfare of the citizens of Pearland. He further stated he does not understand how any councilperson could consider allowing a development of homes less than 300 feet from a railroad track carrying 30 plus trains a day with some carrying hazardous material. That the owner has not been able to sell the property is not a logical reason to rezone it. He stated the City should not jeopardize the safety of its citizens just to satisfy a developer who will turn the development as soon as possible, go back to Houston or Dallas, and leave the problems for Pearland. This property, as shown on the Comprehensive Plan, is zoned Industrial and Commercial. This Plan has been revised at least twice and the property is still zoned as Industrial and Commercial and he stated he feels this means that trained City Planners feel this is the best use for the property. He further stated a developer comes in and wants Council to disregard all logical reasoning and good planning techniques. It is not just good planning but common sense for Industrial and Commercial usage along the railroad tracks, not Residential. Mayor Pro -Tem Marcott stated he concurs with Councilmember Tetens. As he stated at the last meeting he would not put his name on this ordinance, as approving it, when someday, somehow, some way there will be a train derailment and people will be hurt. He further stated that putting a residence close to the railroad tracks is not the thing to do. Even if thirty trains are full of chemicals and the ones that are empty still contain fumes, it would be more dangerous if there were an accident since there is more possibility of an explosion. An example is that gasoline burns and fumes of gasoline will explode. This is Industrial and Commercial land and it should stay that way. He stated this should not be approved. Councilmember Wilkins stated he supports this zone change and feels it is in the best interest to change it. He further stated he understands the Councilmembers position in opposing this but what should Council say to the residents who already live along the railroad tracks. Do they have any rights also and should the City buy them out because they live near the railroad track. There is a shopping center and other businesses located near the tracks and asked what do you tell those owners. He stated he feels there is some picking and choosing. If there were not any homeowners near the railroad tracks, he would feel there was some justification for the opposition. Since it is currently zoned Industrial and a school is being built nearby, as a parent, he would not want his children going to school next door to Industrial. If there is a danger then citizens living near the tracks need to be notified. Councilmember Seeger stated this area has changed considerably since the Comprehensive Plan originally classified this area. There is a high school going up and more Residential in this area so it has changed considerably. This is currently an M-2 Page 6 of 29 - 10/22/2001 �.. t 235 t� area, which in itself is open to some fairly odious development that can occur next to homes. He stated other communities are building some very upscale homes much closer to railroad tracks than what is being discussed here. There are lots of opportunities to make this safe with buffer zones, etc. No precedent is being set. Councilmember Wilkins stated he would also like to know, in the history books, how many train wrecks has Pearland had in the last 50 years. Mayor Pro -Tem Marcott stated there was a train wreck recently in northeast Houston where residents were evacuated and could not return to their homes for several days. Councilmember Wilkins stated this does not apply to Pearland. Councilmember Tetens stated there is always the potential when you have 30 plus trains a day coming through carrying hazardous material. Mayor Pro -Tem Marcott stated the condition of the railroad tracks is a concern since the railroad is not taking care of the tracks, as they should. He stated he cannot do anything about the homes already there but can work on protecting additional homes from being built near these railroads. Mayor Reid stated in the late 1970's a train derailed at Orange Street, and sent 9 tank cars scooting toward the old City Hall and FM 518. At the time, Pearland was planning to expand City Hall to be a 2 -story building at the site on Orange Street. After the train derailment occurred it was decided not to expand at that location and this is when the property, where City Hall is now located, was bought and City Hall was built. Mayor Reid stated there have been no other derailments that he is aware of. Councilmember Wilkins stated Neighborhood Centers, where children and other people come in, is located near the railroad tracks and if the possibility of a train derailment is such a hazard then maybe the City should think about relocating them. Councilmember Tetens stated these places already exist so why would Council approve more being built and put them in jeopardy as well. Councilmember Seeger stated this property is currently zoned M-2 and this would allow parking empty tankers right across from the homes. Mayor Pro -Tem Marcott stated he would like to see this property zoned M-1. Page 7 of 29 - 10/22/2001 236 Councilmember Owens stated he agrees with several points on both sides of the issue. He further stated what concerns him is the Springfield subdivision and the new school being built within 200 feet of the proposed property. City Attorney Darrin Coker stated since the proposed zone change to Residential would be a deviation from the Comprehensive Plan for this area, if it is approved, the City would need to do the surrounding properties to be consistent with that area. Discussion ensued between Council regarding the proposed zone change. Voting "Aye" Councilmembers Tetens and Marcott. Voting "No" Councilmembers Owens, Wilkins, and Seeger. Motion to deny failed 3 to 2. Darrin Coker, City Attorney, stated a motion to approve is required before any action can be taken. This item was for a second reading and will need to be on the next meeting's agenda with a motion to approve before it can be acted on. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 1027 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT N0.18 OF APPROXIMATELY 24.968 ACRES OF LAND. Mr. Darrin Coker, City Attorney. CouncilmemberTetens made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1027 on its second and final reading. City Manager, Bill Eisen, stated this is an annexation to an existing in -city M.U.D. and is approximately 25 acres. Mayor Pro -Tem Marcott stated he is opposed to this since this is south towards Mary's Creek and Corrigan. The land is low and would have to be built up and has the potential to create more flooding. He further stated he has looked at this property and saw it during the 2 recent floods and the creek is coming in there and is coming up the Corrigan ditch and is flowing out of the Drainage District's retention pond. It will take a lot of dirt to fill it in and feels there are a lot of negatives. Council has committed to correcting Corrigan's flooding problems and this has the potential of creating more flooding in the area. Councilmember Seeger asked by not putting in a M.U.D. would that prevent this from developing. Page 8 of 29 - 10/22/2001 Mayor Pro -Tem Marcott stated this will not prevent it but is the only avenue he has to speak to this issue. Councilmember Seeger stated putting in a M.U.D. would give more funding. Mayor Pro -Tem Marcott stated we are in a `great debate" and the Bond issue is critical to the City to solve the flooding problem. If more dirt is dumped out there it will create more flooding. At this time he cannot support the idea. Councilmember Seeger stated that does not address the issue whether this is in a M.U.D. or out of a M.U.D.. It addresses the issue of a developer having access to funding to do improvements such as flood improvements. By withholding it and keeping it out of the M.U.D. just makes it more difficult for the developer to have the extra cash to do the extra development such as flooding, although this area is not prone to that. Mayor Reid asked the flood plain administrator to comment on this. City Engineer, John Hargrove, stated the designs and studies he has seen to this point have followed all the rules. The mitigation is being provided by on-site removal of dirt. The dirt will be used for raising the grades. Mayor Pro -Tem Marcott asked how much higher than Corrigan would this be when completed. Councilmember Owens asked City Engineer John Hargrove, as a resident of Corrigan, does this bother him. City Engineer, John Hargrove, stated as a resident of Corrigan this project does not bother him. Mayor Pro -Tem Marcott asked Mr. Hargrove if he lived in another area of Corrigan where it floods every time, would it bother him. Mr. Hargrove stated no it would not bother him and further stated he does not believe that is the problem. Voting "Aye" Councilmembers Seeger, Wilkins, and Owens. Voting "No" Councilmembers Marcott and Tetens. Motion Passed 3 to 2. Page 9 of 29 - 10/22/2001 238 CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-148 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING TIMES AND DATES FOR NOVEMBER 2001, DUE TO THE THANKSGIVING HOLIDAY, Mr. Darrin Coker, City Attorney. Item passed with no Council action taken. NEW BUSINESS: CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-539 - 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 TRACT I: 8.7125 ACRES, OUT OF AND PART OF LOT 6, BLOCK 10; AND TRACT Il: 10.2571 ACRES, OUT OF AND PART OF LOT 6 AND 7, BLOCK 10; BOTH OUT OF THE ALLISON RICHEY GULF COAST HOME COMPANY, SUBURBAN GARDENS SUBDIVISION, SECTION 4, T.C.R.R. COMPANY SURVEY, A-675, RECORDED IN VOLUME 2, PAGE 99, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 990) (SHADOW CREEK PARKWAY/MCHARD ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)TO MULTI -FAMILY DWELLING DISTRICT (MF) AT THE REQUEST OF WAYNE DALCIN OF ALTRA ASSET CO.,INC, AGENT FOR PLEASANT GROVE MISSIONARY BAPTIST AND NEW BETHLEHEM MISSIONARY BAPTIST CHURCH, OWNERS, PROVIDING FORAN 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 Owens made the motion, seconded by Mayor Pro -Tem Marcott, to approve Ordinance No. 509-539 (Application No. 990) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny Application No. 990 which failed 3 to 3. City Manager, Bill Eisen, stated the property is on Shadow Creek Parkway and includes an existing lake that has been at this location for a number of years. Robert W. Keener, 2650 Fountainview, addressed Council and stated he is representing Altra Asset Co. and would like Council to approve this zone change. He further stated the City would receive taxable income from this property but the school district serving this property would be a school district adjacent to Pearland. They plan to build a property that Page 10 of 29 - 10/22/2001 239 is conducive to high-end neighborhoods that Pearland currently has, which is why families come to live in Pearland. Gerald Teel, 974 Campbell Road, addressed Council and stated he has a real estate consulting firm. They looked at the best use of this property, which is located near Shadow Creek Ranch development but is not part of the Shadow Creek Ranch development. Multi - Family is the most reasonable choice and is by far the choice that would create a tax base for this community the quickest. In 6-9 months this property could be under construction and contributing to Pearland's tax base. All other uses, because of feasibility and the requirement to have a 3600 backup from rooftops and residential development, will come in the Shadow Creek development but are at least 5, 10 or 20 years off into the future. From a timing standpoint the most logical reason would be to develop this property as a multi -family dwelling district. Carl Ogden, 12621 Featherwood, addressed Council and stated he is with David Penn Mortgage Company. His company specializes in Multi -Family, specifically within the HUD financing arenas. This company does work in the market rate program, such as this proposal would be. There would be no subsidy or rent restrictions on this. They have done high-end work in Friendswood. Richard Bowe, 6614 Rolla, addressed Council and stated he is representing Altra Asset Co. and would like for Council to consider this item. This will be a high-end development -� that includes a lake, which could also be used for retention for approximately 40-60 acres. The impact fee would be close to $500,000 and will add to the tax base. Councilmember Tetens stated Council has already approved a number of Multi -Family zones in this area of Shadow Creek Ranch as part of the PUD. There is quite a lot of acreage that is already Multi -Family in this area and does not believe more is needed. Councilmember Seeger stated Council has had many Workshops and discussions regarding ratio of Single Family to Multi -Family and came up with a figure everyone could live with. At this point he sees no reason to change this. Mayor Pro -Tem Marcott asked Mr. Keener why he mentioned that this property would be in the Alvin school district and not Pearland's school district. He stated it sounded to him like Mr. Keener was saying since it would be in Alvin Independent School District Pearland would not have to worry about it. Mr. Keener stated this was not his intent but in a previous meeting with Council it came up that there was concern about this. Page 11 of 29 - 10/22/2001 240 Mayor Pro -Tem Marcott stated Pearland is served by Alvin Independent School District and if the annexations go through they will also be served by the Pasadena Independent School District. These residents are all citizens of Pearland. Councilmember Seeger reported the models Council was shown are not necessarily what would be built if it were zoned Multi -Family. They could build whatever they want if the zoning is changed to Multi -Family. Mayor Reid stated they would still have to conform to the side ordinance, landscape and tree ordinances, etc. Mr. Keener stated with the way the current ordinances are written it would preclude anything other than a Class A type property. With a HUD loan they cannot sell the property for 13 years so they would be tied to the community for along time. He further stated at the time the property was originally zoned the property owners did not know they were being zoned. If they had known they would have submitted a request to be zoned Multi - Family. Additional discussion ensued between Council and representatives from Altra Asset Co, Inc. regarding the zoning request for this property and HUD financing. Voting "Aye" None. Voting "No" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Motion Failed 5 to 0. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-537 - 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 11.447 ACRES OUT OF LOTS 32 & 33, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION AND H. B. & T. R.R. COMPANY SURVEY, A- 504, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN VOLUME 2, PAGE 23-24, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 992) GARDENBAN DEVELOPMENT DISTRICIT 854 (SD) TO HEAVVYDINDUOSITRIAL DIISTR CTO(M )BA TTHE REQUEST OF, ARTHUR VAL PERKINS, AGENT FOR F.F. & E. FAMILY LIMITED PARTNERSHIP, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN Page 12 of 29 - 10/22/2001 241 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. 509-537 (Application No. 992) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 992. Councilmember Tetens stated this property has been considered for Industrial before and was turned down and at this point sees no reason to change it. He does not feel this would be the best use of this property. Voting "Aye" None. Voting "No" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Motion Failed 5 to 0. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-538 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, r-- 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 A TRACT OF LAND OUT OF LOT 33, SECTION 8, H. T. & B. SURVEY, A-504, ALLISON RICHEY GULF COAST HOME COMPANY PLAT RECORDED IN VOLUME 2, PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 991)(1930 GARDEN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF ARTHUR VAL PERKINS, AGENT FOR ANTHONY WELDED PRODUCTS, INC., 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, Executive Director of Community Services. Councilmember Wilkins made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-538 (Application No. 991) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 991. Voting "Aye" Councilmembers Tetens and Owens. Page 13 of 29 - 10/22/2001 242 Voting "No" Councilmembers Marcott, Wilkins, and Seeger. Motion Failed 3 to 2. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-540 - 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 OFCERTAIN REALPROPERTYAND GRANTING A SPECIFIC USE PERMIT FOR A CHURCH ON THE FOLLOWING PROPERTY, BEING LOT 16 & 17, BLOCK 2, MCGINNIS SUBDIVISION, AS RECORDED IN VOLUME 8, PAGE 7, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 95)(2410 DIXIE FARM ROAD) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-1) TO SINGLE FAMILY DWELLING DISTRICT (R -1(S)) AT THE REQUEST OF AVERY GERMANY, AGENT FOR AVERY AND PAMELA GERMANY, 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. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 509-540 (Specific Use No. 95) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny Specific Use No. 95. City Manager, Bill Eisen, stated this Specific Use is for the location of a church on this property. Councilmember Tetens stated this area is all Residential and has been for years. This property is only 2 lots and does not feel there is enough room for a church and have adequate parking. Councilmember Wilkins stated this would not give a church adequate room for a growing membership. Councilmember Seeger stated due to deed restrictions this subdivision is limited to Residential use only. Mayor Pro -Tem Marcott stated the deed restrictions are certified with Brazoria County in Angleton and if this goes ahead they would have them in court on this issue. He stated this is not an appropriate location due to traffic problems and noise. Page 14 of 29 - 10/22/2001 Voting "Aye" None. 243 Voting "No" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Motion Failed 5 to 0. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-541 - 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 1.878 ACRES IN LOT 52, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 29, H. T. & B. R.R. COMPANY SURVEY, A-292, ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGE 101, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 996)(5418 MAIN STREET) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF, JOHNNIE B. WALLACE, 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, Executive Director of Community Services. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-541 (Application No. 996) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 996. Councilmember Tetens stated this tract of land is on the edge of city limits and feels the area out there should all be Industrial. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-542 - 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 Page 15 of 29 - 10/22/2001 244 LOCATION BEING LOTS 1-5, BLOCK2, PINE HOLLOW, SECTION 2-A, AS RECORDED IN VOLUME 2, PAGE 20, B.C.D.R., PERRY & AUSTIN LEAGUE, A-111, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 20, PAGES 277-278, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 994)(3513, 3515, 3517, 3519 & 3521 PINE VALLEY DRIVE) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO SINGLE FAMILY DISTRICT (R-3) AT THE REQUEST OF R. WEST DEVELOPMENT CO., INC., AGENT FOR HOUSTON PINE HOLLOW ASSOCIATES, LTD., AND BRIGHTON HOMES, 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. Councilmember Owens madethe motion, seconded by CouncilmemberTetens, to approve Ordinance No. 509-542 (Application No. 994) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 994. Councilmember Tetens stated he does not particularly like R -3's but since this is joined as part of an R-4 subdivision he thinks it is appropriate. That part of the subdivision has R-3 size lots anyway. Mayor Pro -Tem Marcott asked what size the lots would be. Executive Director of Community Services Tobin Maples stated the lots would be 60 x 112 or 120's. Pine Hollow section 2-A is zoned R-4 but it was developed as R-3. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-543 - 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 70, FIGLAND ORCHARD SUBDIVISION NO. 1, RECORDED IN VOLUME 3, PAGE 77, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 995)(5902 FITE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT , Page 16 of 29 - 10/22/2001 245 THE REQUEST OF LUIS R. RAMOS, 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, Executive Director of Community Services. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-543 (Application No. 995) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 995. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-154 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING GUIDELINES AFFECTING THE MAXIMUM PHYSICAL SIZE OF MUNICIPAL UTILITY DISTRICTS LOCATED WITHIN THE CITY. Mr. Alan Mueller, Deputy City Manager. Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Marcott, to approve Resolution No. R2001-154. City Manager, Bill Eisen, stated at a recent work session Council asked Staff to make modifications to in -city Municipal Utility Districts so all future Municipal Utility Districts created would follow the declining rebate model and also to.establish maximum size to current ones. At this point, the largest in -city M.U.D. is 772 acres and the recommendation is to make 775 acres as the maximum. Bob P. Lewis, 2905 Country Club Drive, addressed Council and stated in 1998 when Council approved the in -city M.U.D. concept his understanding was that the reason was because Silverlake, Country Place and Southdown, which is where all the building was going on, was up to about a billion dollars in value then. This enabled the City to get taxes from these entities that have come in since 1999, when it was first implemented. He is concerned that if the size of M.U.D.'s are limited to 775 acres it will stop growth in the City. There are currently 3 in -city M.U.D.'s and believes this number should be larger. He stated he would like to see 1200, which gives a chance to have another M.U.D. created instead of just the 3 the City currently has. If the concern is paying for additional services the City provides then increase impact fees gradually. Page 17 of 29 - 10/22/2001 246 City Manager, Bill Eisen, stated there are 4 existing in -city M.U.D.'s and what is being proposed would not prohibit the creation of new M.U.D.'s in the future. As the M.U.D.'s start to pay off debts and as their tax rates decline, the rebate of the City tax rate through those M.U.D.'s would start to decline as well. City Attorney, Darrin Coker, stated he, City Manager Bill Eisen, and Deputy City Manager Alan Mueller met with the attorneys for M.U.D. 17, 18, and 19 and they were agreeable to such a limitation. Mayor Pro -Tem Marcott asked when a M.U.D. expands and they bring other property in and have to go out for Bonds, is the original M.U.D. cutoff date still the determining thing or does the 30 years, 20 years or whatever keep moving out. City Manager, Bill Eisen, stated there would be a meeting later this week with financial representatives of all of the Districts that are currently in the City and this issue will be discussed. Discussion ensued between Council and the City Attorney regarding in -city M.U.D.'s. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-147 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A FINANCING AGREEMENT WITH BEAZER HOMES TEXAS, L.P., FOR THE ISSUANCE OF REFUNDING BONDS ASSOCIATED WITH TAX INCREMENTAL REFINANCE ZONE NUMBER ONE. Mr. Alan Mueller, Deputy City Manager. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2001-147. City Manager, Bill Eisen, stated at a previous Workshop, City Staff and the City's Financial Advisor reviewed the reimbursement options for the reimbursements due under the TIRZ #1 development agreement. At that Workshop, Council indicated their support to issue "refunding bonds" in lieu of "TIRZ bonds" and to accept the developer's proposal to waive its right to accrued interest if the City issued the refunding bonds this year. One of the reasons is because it lowers the interest rate on the debt and would also cause the TIRZ Page 18 of 29 - 10/22/2001 2 4;7 to be dissolved a little bit quicker which means administrative fees from TIRZ would not have to be paid over the life of the bonds. Mayor Pro -Tem Marcott asked if the TIRZ would stay in effect. City Manager, Bill Eisen, stated after the refunding bonds are issued all the obligations of the TIRZ are paid off and it goes away. Deputy City Manager, Alan Mueller, stated there would still need to be some procedural action to terminate it but once the obligations are paid off, the City is free to do that. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-150 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING THE PASSAGE OF CONSTITUTIONAL AMENDMENT PROPOSITION 15. City Council. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2001-150. City Manager, Bill Eisen, stated this resolution would express Council's support for Proposition 15 on the constitutional amendment ballot for election on November 6, 2001. What Proposition 15 would do is create the Texas Mobility Fund, which will allow the State of Texas to do something they cannot currently do today and that is to sell bonds for highway and transportation improvements. The intent of the proposition is to allow the State to more quickly make road, street and highway improvements as well as any other transportation to try to get caught up with the developing growth as they have seen over the last few years. Councilmember Seeger asked about a statement in this Proposition that talks about funding Texas highways without raising taxes. He would like to know how that could happen. City Manager, Bill Eisen, stated the funding would be similar to the way municipalities do this. They would be able to fund improvements through bonds. Councilmember Seeger asked who would pay back the bonds. Page 19 of 29 - 10/22/2001 248 City Manager, Bill Eisen, stated it would be the citizens and taxpayers. Councilmember Seeger stated he is concerned that the taxpayers of Texas would be the only ones paying for road improvements. With the North American Free Trade Agreement there would be a lot of people using these roads which would also have an environmental impact on Texas. Discussion ensued between Council and City Manager regarding the constitutional amendment Proposition 15. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-151 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AN AMENDMENT TO THE LEASE AGREEMENT WITH PEARLAND NEIGHBORHOOD CENTER. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Marcott, to approve Resolution No. R2001-151. City Manager, Bill Eisen, stated the City currently leases the old City Hall site to Pearland Neighborhood Centers, The current lease agreement terminates the lease if the building is destroyed or rendered uninhabitable by fire or some other calamity. Pearland Neighborhood Centers would like the City to make an amendment to the agreement that would allow, if the City elected to rebuild the facility in the event of a calamity, the lease to continue instead of automatically terminating the agreement. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-129 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AND AUTHORIZING EXECUTION OF A "SUPPLY AGREEMENT' WITH A RETAIL ELECTRIC PROVIDER, APPROVING INITIAL PROPOSAL PRICING, AND APPOINTING AUTHORIZED REPRESENTATIVE(S). Mr. Darrin Coker, City Attorney. Page 20 of 29 - 10/22/2001 249 Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to approve Resolution No. R2001-129. City Manager, Bill Eisen, stated this item is to enter into an agreement with HGAC for their services to aggregate demand for electric power under deregulation to have more buying power. Mayor Pro -Tem Marcott asked what happens when new facilities come on. City Manager, Bill Eisen, stated it would be adjusted accordingly. On October 30, 2001 the City has the option of selecting the pricing from TXU, if that turns out to be the best deal, for 1, 2 or 3 years. This is not a permanent thing. If the City thinks the rates are only marginally better, they could go with just a 1 year arrangement. The City would have to go through the aggregation process next year but it should be much simpler since there will be aggregators out there that already have large blocks of electricity. This is a new process and a lot different than before when there was only one choice. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-144 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN ENGINEERING CONTRACT AMENDMENT WITH WALSH/FREESEAND NICHOLS, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE DIXIE FARM ROAD PROJECT. Mr. Al Hague, Project Manager. Councilmember Wilkins made the motion, seconded by Councilmember Seeger, to approve Resolution No. R2001-144. City Manager, Bill Eisen, stated this change order is the result of changes in the needs of subcontractors relating to the acquisition of parcels of land. The original assumptions were that the City would have 40 parcels to acquire and in reality, the numbers turned out to be 62. The agreement with Crossland Acquisitions would reflect that change. There was also a need for additional surveying that was not determined initially, due to peculiarities around the Brio site. Page 21 of 29 - 10/22/2001 250 Mayor Pro -Tem Marcott stated Dixie Farm is becoming a big hole the City keeps pouring money into and it keeps becoming more and more crowded and the City is not getting anywhere. City Manager, Bill Eisen, stated it is getting closer with regard to the necessary State and Federal funding. Project Manager, Allen Hague, stated the reason the number of tracts was larger than what was anticipated is because tracts were sold or subdivided on both sides of Dixie Farm Road, which increased the number of tracts to be acquired to 62. This number should stabilize at this point. The City is looking at acquisition for the right-of-way itself starting the 1s` or 2nd quarter of next year. The surveying portion of the change on this project, which adds Baseline Corporation, initially had no provision for surveying in the Harris County portion of this project. This new item was added for surveying the 8 parcels of land in Harris County. It was originally thought that Harris County would do the surveying but that was not the case. Harris County will acquire the right-of-way for this portion of the project but the City needs to provide the survey information to them. There will be a meeting next week on the status of the project since the aerial photography has been done and will also do an update on the status of the project and move forward. Waiting to receive the aerial photography was a major issue in getting this completed. Mayor Pro -Tem Marcott asked how much is this going to change between now and the 2nd or 31 quarter. Project Manager, Allen Hague, stated he feels it is pretty well tied in now and does not foresee any major changes and feels this is now in good shape. Further discussion ensued between Council and Project Manager Allen Hague regarding the engineering contract amendment. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No' None. Motion Passed 5 to 0. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001 -145- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT WITH S & B INFRASTRUCTURE, LTD. FOR ENGINEERING Page 22 of 29 - 10/22/2001 251 SERVICES ASSOCIATED WITH THE STATE HIGHWAY 35 PROJECT. Mr. Al Hague, Project Manager. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2001-145. City Manager, Bill Eisen, stated the fees involved in this contract would be ones associated with utility relocations, traffic control, ornamental lighting, and landscaping. Mayor Pro -Tem Marcott stated he read in the newspaper recently that TxDOT's cash is way down and projects are having problems. He asked if this was affecting any of Pearland's projects. Deputy City Manager, Alan Mueller, stated he has not heard anything or been notified of anything affecting Pearland, Highway 35 or Dixie Farm Road. Mayor Reid stated money has already been allocated by TxDOT for these projects. Project Manager, Allen Hague, stated there would be a kickoff meeting on Friday where the landscaping issue will be addressed as well as sewer and water. Not only are sewer and water being relocated but also almost every facility on Highway 35 is being upgraded. They are also looking at the coordination of street lighting with H, L & P who will do the layout for this, S & B Infrastructure will coordinate all of this. TxDOT has agreed to pay for crosswalks, patterns, and colors for landscaping. At this time, Highway 35 has been staked and monumented by TxDOT. Mr. Hague stated he would check to see if acquisition has begun by TxDOT since they are acquiring the right-of-way for this project. Pearland's portion begins at the creek and goes to FM 518. North of that is still within the city limits of Houston. Additional discussion ensued between Council and Staff regarding the details and time frame for widening Highway 35. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-146 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A FILL DIRT AGREEMENT WITH R. WEST DEVELOPMENT COMPANY. INC. FOR THE REMOVAL Page 23 of 29 - 10/22/2001 252 AND PLACEMENT OF FILL DIRT ASSOCIATED WITH THE SOUTHWEST ENVIRONMENTAL CENTER. Mr. Alan Mueller, Deputy City Manager. CouncilmemberTetens madethe motion, seconded by CounciImember Owens, to approve Resolution No. R2001-146. City Manager, Bill Eisen, stated this is similar to what was done with Beazer Homes at David L. Smith site, which was to take alternate bids for disposal of the dirt. Mayor Pro -Tem Marcott stated there is an individual who wants the dirt and is willing to come out, dig the dirt, and haul it and the City will not have to pay a penny. If the City goes with this proposed agreement the City would dig it, haul it, and give it away at great expense to the City. City Manager, Bill Eisen, stated the individual Mr. Marcott is talking about has stated he does not need the dirt. Historically, there has not been a lot of interest in people doing this. Deputy City Manager, Alan Mueller, stated this is a budgeted project to activate SWEC. If the City does not do this dirt agreement with R. West Development, or whoever, the contractor will bid this project and the City will pay them to haul the dirt off. This gives the City the best opportunity to get the best price. Mayor Pro -Tem Marcott stated just because it is budgeted does not mean the City should roll over and say we will dig it and haul it. Deputy City Manager, Alan Mueller, stated these things have to be bid. The only alternative is to go out separately from the excavation contract and bid out the dirt and to say "we have 260,000 cubic yards of dirt and how much do you want to pay us for it" and then execute a hauling agreement. This is the only alternative he can see. Historically, the City has not seen a demand where people are willing to pay for this. Mayor Pro -Tem Marcott stated Ms. West has a demand for dirt and the City always has a lot of dirt they want to move. Deputy City Manager, Alan Mueller, stated this was modeled after an agreement that Council had approved previously. He stated Staff thinks it makes sense and if Council disagrees then let them know so they can do something different. City Manager, Bill Eisen, stated they City could advertise for bids for the dirt and see if anybody will buy it. This project will not begin construction until January or February so there will be enough time to do that and see if the developer still needs the dirt by then. The City will run the risk that West development will find the dirt elsewhere. Page 24 of 29 - 10/22/2001 , 253 Deputy City Manager, Alan Mueller, stated if the City develops bids to sell the dirt they are looking at 3-4 months to go through the whole process and then have to advertise the excavation after that. So rather than starting the project in January or February the City would be starting in April. City Engineer, John Hargrove, stated he could not figure out where to put 260,000 yards of dirt. He stated he searched for a place to put the dirt and, at the time he looked, he had no idea who owned the hole in the ground. He found out West Development owned the ,hole in the ground. If the City is willing to advertise the dirt it will have to put up some specs and whoever comes and gets the dirt will have to be a qualified contractor because they will have to dig it to grade and will have to provide the specified slopes, the stabilizing, the pipes and the drains and so on to make that work. He stated this kind of a deal is worth $250,000 to the City anyway and he further stated it looks like a good deal to him. Public Works Director, Jerry Burns, stated whoever hauls the dirt, that is not at the West Development site, will have to haul it out of Pearland. Mayor Pro -Tem Marcott asked if anyone had talked to Ms. West about buying the dirt. City Engineer, John Hargrove, stated he had not addressed this with her. Voting "Aye" Councilmembers Seeger, Wilkins, and Owens. Voting "No" Councilmembers Tetens and Marcott. Motion Passed 3 to 2. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-152 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING A SPECIAL WARRANTY DEED FOR PROPERTY TO BE USED FOR THE CONSTRUCTION OF THE FM 521 WATER PLANT. Mr. Alan Mueller, Deputy City Manager. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2001-152. City Manager, Bill Eisen, stated this property is for the Shadow Creek Ranch FM 521 Water Plant. The development agreement with Shadow Creek Ranch provides if the City buys land for municipal purpose the City would pay what Shadow Creek Ranch paid plus accrued interest rate or appraised value, whichever is lower. In this case, the appraised value is lower. Page 25 of 29 - 10/22/2001 254 Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-153 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN EXCAVATION AGREEMENT WITH DAVID WIGHT CONSTRUCTION COMPANY FOR THE REMOVAL OF FILL DIRT ASSOCIATED WITH THE VETERANS/MARY'S CREEK DETENTION BASIN. Mr. John Hargrove, City Engineer. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to approve Resolution No. R2001-153. City Manager, Bill Eisen, stated this is an agreement with an individual company or developer to do the excavation on Veterans Drive at Mary's Creek detention site for the dirt. Mayor Pro -Tem Marcott stated it is important to note that this was a project that was on the Bond program that is now going to allow the City to have more money for other projects on the Bond program. He further stated there are some real advantages on this particular project and he fully supports it. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-149 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING VARIANCE APPLICATION NUMBER V01-14, SEEKING A VARIANCE TO THE CITY OF PEARLAND LAND USE ORDINANCE, SECTION 22.6, ENTITLED BUILDING FACADES, TO ALLOW THE USE OF INSULATED COATED PANELS ON COMMERCIALLY ZONED PROPERTY. Mr. Darrin Coker, City Attorney. Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Marcott, to approve Resolution No. R2001-149. Page 26 of 29 - 10/22/2001 r -- City Manager, Bill Eisen, stated the Zoning Board of Adjustments would actually be making the decision on whether or not to allow the material. Council had asked Staff to prepare a resolution indicating Council's support for the issue that comes before the ZBA. Councilmember Seeger stated whenever the City had a Workshop on this there was a gentleman who had a negative report on this material. He stated his concern is if this will water down the Building and Facade code, which will affect the entire City. Mayor Pro -Tem Marcott stated he understood the gentleman's concern was it being installed properly and if installed properly it was okay. Councilmember Seeger stated he asked the gentleman how the material weathers. One of the whole points of the building fagade was in how a material could maintain its appearance over a long period of time and the type of appearance it has. Some of it looked close to masonry and some of it did not even look like masonry. He stated Council is sticking out quite a ways here over what was the original intent. City Manager, Bill Eisen, stated this issue tonight addresses material for one building only, located on a secondary street. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1030 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE PROPERTY FOR THE CONSTRUCTION OF DRAINAGE FACILITIES ASSOCIATED WITH THE MYKAWA ROAD PROJECT ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCYAS THE CONSTRUCTION OF DRAINAGE FACILITIES BEARS DIRECTLY UPON THE HEALTH, SAFETYAND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Seeger made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1030. Page 27 of 29 - 10/22/2001 Z55 256 City Manager, Bill Eisen, stated this declares the public necessity to make certain improvements at Mykawa Road and Hickory Slough. This allows the City to initiate condemnation proceedings against the property owner who has not accepted a fair market value offer. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 11:24 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 - PERSONNEL MATTERS- EVALUATION OF THE CITY MANAGER. City Council. 2. SECTION 551.074 - PERSONNEL MATTERS - REGARDING APPOINTMENT TO THE PARKS AND RECREATION BOARD. City Council. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 12:38 a.m. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE EVALUATION OFTHE CITY MANAGER. City Council. No Council action taken. CONSIDERATION AND POSSIBLE ACTION- REGARDING APPOINTMENTTO PARKS AND RECREATION BOARD. City Council. Councilmember Wilkins made the motion, seconded by Councilmember Tetens, to reappoint Jesse Gutierrez and Joseph Taylor to the Parks and Recreation Board and to appoint Christian Cori to fill the unexpired term of Jack Click. Page 28 of 29 - 10/22/2001 257 Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: None. ADJOURNMENT: Meeting was adjourned at 12:39 a.m. Minutes approved as submitted and/or corrected this the 19 day of November 2001. Tom Reid Mayor ATTEST: Page 29 of 29 - 10/22/2001 258 " THIS PAGE LEFT INTENTIONALLY BLANK