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2002-01-14 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 14, 2002, 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 Larry Wilkins Klaus Seeger Bill Eisen Darrin Coker Young Lorfing Others in attendance: Deputy City Manager Alan Mueller; Executive Director of Community Services Tobin Maples; Police Chief J.C. Doyle; City Engineer John Hargrove; Community Relations Liaison Phibi Vassallo; Parks and Recreation Director Ed Hersh; Public Works Director Jerry Burns; Assistant City Attorney Nghiem Doan; Fire Marshal Larry Steed; Purchasing Officer Gordon Island; Grants and Strategic Planning Coordinator Chris Kidwell. The invocation was given by Mayor Tom Reid and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT: Mayor Reid and Parks and Recreation Director Ed Hersh gave a brief presentation on the TML award recently received by the Parks and Recreation Department. The City employees who were recognized were Parks Supervisor John Holas, Parks Crew Leader Ron Paulus; Crew Leader Van Roach; Crew Leader Jessica Better; Maintenance Workers Tomas Martinez, Ubaldo Guerrero, Mario Hurtado, Lonnie Erwin and Ronnie Jones. These employees took a 14 -week class put on by a horticulture instructor from Houston Community College. Their project was the rose garden between City Hall and the Community Center. The class was so successful, and very popular among the Staff, that it was opted to have a continuation so that the original 9 employees could take an advanced horticulture class and the other employees could take the introductory class. Mayor Reid read the inscription on the award which stated, "The Texas Municipal League Page 1 of 19 - 01/14/2002 2001 Municipal Excellence Award to the City of Pearland Management Innovations for a city with a population over 25,000". Mayor Reid introduced Special Events Coordinator Michelle Dunn who reported on the 6`h Annual Winterfest, which was January 12, 2002. She stated it was the best ever and had the biggest crowd of previous years. She thanked Council for their continued support of the Parks department and also thanked those Councilmembers who participated in the Winterfest. The Winterfest's Snow Queen for this year was Lily Buchman. She reported that some of the biggest sponsors of this event were Associated Credit Union; C.L. Davis and Company; Pearland/Hobby Area Chamber of Commerce; S & B Infrastructure, Ltd.; Shadow Creek Ranch Development and TBG Partners. The second category of sponsors were Beazer Homes; Cobb, Fendley & Associates; Geotest Engineering; Harding ESE, Inc.; JNS Consulting Engineers; Klotz Associates, Inc.; LJA Engineering and Surveying; Lockwood, Andrews and Newnam, Inc.; Neva Corporation; Othon, Inc.; R. West Development Co.; TSC Engineering Co., Inc. The third category was Pearland State Bank; Walsh, Freese & Nichols; and another contributor was Third Coast Packaging. She further stated her appreciation of the sponsors of this event. Mayor Reid introduced the president of the Pearland Historical Society, John Mark, who made a presentation to the Pearland Parks and Recreation Department. He stated this property is a 1 -acre site which was the original Old Town Park. When Pearland was platted in 1894, the founder of the town, Wilhelm Zychlinski, gave the citizens an acre to be used as a public park. The Historical Society sincerely appreciates the efforts of Council, the Pearland School Board, and the Board of Trustees of Alvin Community College in working together to give this piece of land back to the citizens. He stated the City's Parks and Recreation Department have been working hand in hand with the Historical Society. He further stated that Parks and Recreation Director Ed Hersh and his group of people have come up with a beautiful design for the park and now that this park is back in the hands of the citizens, the Historical Society would like to present a check to the Parks and Recreation Department for $1000 in seed money to get the park going. Mayor Reid reported from December 12-14, 2001, he attended the Texas Association of Regional Councils of Government; December 17 he attended the groundbreaking of Pine Hollow Park and a Council Workshop; December 18 attended an HGAC Board of Directors Meeting and a Chamber of Commerce Christmas reception; December 19 met with Dr. Bonnie Cain, Dr. Glen Garrison, and Bill Eisen; December 20 attended a Gulf Coast Water Authority Board of Directors Meeting; January 5, 2002 attended a walk-through of South Corrigan with Channel 13; January 9 attended the Chamber Economic Development Committee Meeting; January 10 attended a ribbon cutting for a Christian Bookstore, a Corps of Engineers Cities Meeting on Clear Creek, a Pearland College Business/Industry Meeting, a Pearland College Board of Governors Meeting and a Council Workshop with Page 2 of 19 - 01/14/2002 the PISD School Board; January 11 attended the Gulf Coast Water Authority briefing to cities on surface water; January 12 attended the city's Winterfest and the Pearland Volunteer Fire Department Annual Awards Banquet. COUNCIL ACTIVITY REPORTS: Councilmember Tetens passed on giving a report. Councilmember Owens stated he attended Winterfest and also wished everyone a great 2002. Mayor Pro -Tem Marcott stated he attended the groundbreaking of Pine Hollow Park and reported that there were two young children who helped dig some dirt. He attended a meeting with the Corps of Engineers on Clear Creek trying to figure a way to get the Corps along. They will be meeting on a regular basis to try to see what they can do because the project is slowing down. It was due to be finished in 2003 and now it is 2004 and keeps getting pushed out. He stated he and three of his grandchildren attended Winterfest and he got hit by many snowballs. Councilmember Wilkins stated he attended the Winterfest and had a good time. He also attended the joint meeting of the City of Pearland and the PISD School Board, which was a historical time because this is the 2nd joint meeting in a twelve-month period. These meetings have been a very positive thing for both entities to come together and discuss common issues. He stated he attended the Pearland Volunteer Fire Department Annual Awards Banquet and further stated he feels that the Pearland Fire Department is one of the top groups in the City. Most of these people are volunteers and what they do is of great service to the City. He commended the Parks and Recreation Department for a fine job. Councilmember Seeger passed on giving a report. CITY MANAGER'S REPORT: City Manager, Bill Eisen, stated on January 10, 2002, there was a joint meeting between City Council and Pearland Independent School District Board of Trustees to talk about mutual interests and ways they can work together in the upcoming year. Also, January 15, 2002, there will be a joint meeting between City Council and County Commissioners Court to talk about similar issues. In early February, Council will be having their annual goal setting retreat. Page 3 of 19 - 01/14/2002 CITIZENS: C. Davis Wilson, 11222 Richmond Avenue #235, stated he represents Russell Ybarra, owner of Gringo's Restaurant in Pearland. He further stated Mr. Ybarra had a dream of adding a party room and doing some remodeling to his restaurant. Mr. Ybarra is aware the patrons of his restaurant have to park up and down the street. Mr. Wilson stated he went through the process of going to pre -development meetings with all City heads and all pre - development forms were signed off and approved. He reported he went to Executive Director of Community Services Tobin Maples, and requested a letter from City Planning on both pieces of property behind the restaurant. He received the letter from Planning and Zoning saying it fit within the Planning and Zoning guidelines to expand the parking lot. He stated that Mr. Ybarra spent many hundreds of thousands of dollars purchasing the property and then began the engineering and design phase. He further stated no one notified him that Council was going to take action on putting a moratorium on parking lots in residential areas. He reported that there are businesses nearby that are located on subdivision lots and would like Council to consider this when it comes up before them again. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the November 19, 2001, Public Hearing held at 6:00 p.m. 2. Minutes of the November 19, 2001, Public Hearing held at 6:30 p.m. 3. Minutes of the November 19, 2001, Public Hearing held at 6:30 p.m. 4. Minutes of the November 19, 2001, Special Council Meeting held at 5. 7:30 p.m. Minutes of the November 26, 2001, Regular Council Meeting held at 6. 7:30 p.m. Minutes of the December 10, 2001, Public Hearing held at 6:30 p.m. 7. Minutes of the December 10, 2001, Regular Council Meeting held at 8. 7:00 p.m. Minutes of the December 10, 2001, Regular Council Meeting held at 9. 7:30 p.m. Minutes of the December 17, 2001, Special Meeting held at 6:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002 -1- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF BRAZORIA COUNTY Page 4 of 19 - 01/14/2002 MUNICIPAL UTILITY DISTRICT NO.6 AUTHORIZING THE ISSUANCE OF $4,040,000 UNLIMITED TAX BONDS, SERIES 2002. Mr. Darrin Coker, City Attorney. C. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-6 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REAPPOINTING DAN OLSON AND LOUIS SILVER TO THE TAX INCREMENT REINVESTMENT ZONE NUMBER BOARD OF DIRECTORS FOR TWO-YEAR TERMS. Mr. Alan Mueller, Deputy City Manager. D. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF TOWN LAKE ESTATES SECTION ONE. Mr. John Hargrove, City Engineer. E. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002- 13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND DECLARING INTENTION TO REIMBURSE PROJECT EXPENDITURES. Mr. Alan Mueller, Deputy City Manager. F. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002- 14 - A RESOLUTION OF THE CITY OF PEARLAND DECLARING INTENTION TO REIMBURSE PROJECT EXPENDITURES. Mr. Alan Mueller, Deputy City Manager. Councilmember Tetens made the motion, seconded by Councilmember Owens, to adopt Consent Agenda Items A through F as presented on the Consent Agenda. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS: FIRST READING OF ORDINANCE NO. 509-547 - 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 DESIGNATING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 76 ACRES OF LAND, MORE OR Page 5 of 19 - 01/14/2002 LESS, BEING GENERALLY LOCATED IN SECTION 18, H. T. & B. R.R. COMPANY SURVEY, OR GEORGE C. SMITH SURVEY, A-547, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1003) (TRACT 3 - MANVEL ROAD @ BAILEY ROAD) AS CLASSIFICATION ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (RE), 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 made the motion, seconded by CouncilmemberTetens, to approve Ordinance No. 509-547 (Application No. 1003) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 1003. City Manager, Bill Eisen, stated this is a 76 -acre tract of land that is on the northwest corner of Manvel Road and Bailey Road. This property was recently annexed into the City and was finalized in November 2001. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-558 - 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 4.965 ACRES, H. T. & B. R.R. COMPANY SURVEY, A-240, OUT OF LOTS 76 AND 77, FIGLAND ORCHARD SUBDIVISION NO. 1, AS RECORDED IN VOLUME 3, PAGE 77, BRAZORIA COUNTY PLAT RECORDS, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1010) (2942 WAGONTRAIL ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF C.K. STEPHENSON, AGENT FOR MARIA DE VIVEIROS AND EVANGELOS GOLFIS, 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. Page 6 of 19 - 01/14/2002 Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-558 (Application No. 1010) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny Application No. 1010. C.K. Stephenson, 7880 San Felipe, addressed Council and stated he represents the owners, Mr. and Mrs. Evangelos Golfis, who are requesting this zone change. He gave a brief overview of the warehouse the owner is proposing to build if granted the zone change. He stated he is in favor of this zone change and would like Council's consideration. Jeanne Mizell, 6125 Broadway, addressed Council and stated she is a realtor representing the owners of the property, Mr. and Mrs. Golfis, who are requesting this zone change. She would like Council's consideration and is in favor of the zone change to General Business District. Voting "Aye" Councilmember Marcott. Voting "No" Councilmembers Seeger, Wilkins, Owens, and Tetens. Motion Failed 4 to 1 COUNCIL ACTION - RESOLUTION NO. R2002-2 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 AUTHORIZING THE ISSUANCE OF $1,640,000 WATERWORKS AND SEWER SYSTEM COMBINATION UNLIMITED TAX AND REVENUE BONDS, SERIES 2002. Mr. Darrin Coker, City Attorney. Councilmember Wilkins made the motion, seconded by CounciImember Tetens, to approve Resolution No. R2002-2. City Manager, Bill Eisen, stated Municipal Utility District No. 2, which is located outside city limits but within the extraterritorial jurisdiction, is requesting the City's consent to issue approximately $1,600,000 in debt, which requires City Council's approval. Last year a study was done on all the municipal utility districts outside the City. This was a preliminary annexation study and the information received from Municipal Utility District No. 2 is that they anticipate issuing up to $2,900,000 worth of debt. This is well within that figure. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Page 7 of 19 - 01/14/2002 Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - REJECTION OF BID FOR MOWING. Mr. Ed Hersh, Parks and Recreation Director. Councilmember Wilkins made the motion, seconded by Councilmember Seeger, to reject the bids for mowing and that Council direct the City Manager to have the Parks and Recreation Department continue the mowing with Council approved budget funds to hire additional staff and purchase additional machinery. City Manager, Bill Eisen, stated late last year Staff sent out a request for bids for mowing City right-of-way and City parks. Based on this, the recommendation is that the Parks Department continue to provide mowing services. One bid was received that was lower than the City's estimated cost of the City doing the mowing. During the process, the one bidder withdrew their bid. The only remaining outside bids were substantially higher than what the City can do the mowing for internally. The consideration is whether to go out for bids again or reject the bids and direct the City Manager to have the Parks and Recreation Department continue the mowing and use Council approved budget funds to hire additional staff and purchase additional machinery. Discussion ensued between Council and Staff regarding the merits of keeping the mowing of parks and right-of-ways in the Parks and Recreation Department where it is currently being done. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, and Tetens. Voting "No" Councilmember Owens. Motion Passed 4 to 1. FIRST AND ONLY READING OF ORDINANCE NO. 1048 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RECOGNIZING THE CERTAIN RIGHT OF WAY AS BEING LOCATED WITHIN THE CITY FROM CULLEN ROAD EAST TO OLD CHOCOLATE BAYOU ROAD; NAMING SAID SECTION OF RIGHT OF WAYAS FREEDOM DRIVE; AND ESTABLISHING A SPEED LIMIT ON SAID SECTION OF FREEDOM DRIVEAT 30 MILES PER HOUR; 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 Page 8 of 19 - 01/14/2002 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. Darrin Coker, City Attorney. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Marcott, to approve Ordinance No. 1048 on its first and only reading. City Manager, Bill Eisen, stated the street in front of the new fire station, which will be open by the end of this month, that connects Cullen Road to Old Chocolate Bayou Road, needs to be named. Consistent with the street in front of City Hall being named Liberty Drive and also with the recent terrorist attacks on September 11, 2001, and the reemphasis on patriotism since then, the recommendation is to name this new street Freedom Drive. Brief discussion ensued between Council and Staff regarding the location of this street. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2002-3 - 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 CLAUNCH AND MILLER, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE REHABILITATION OF LIFT STATIONS II, III, AND IV IN THE GREEN TEE SUBDIVISION. Mr. Jerry Burns, Public Works Director. Councilmember Owens made the motion, seconded by CouncilmemberTetens, to approve Resolution No. R2002-3. City Manager, Bill Eisen, stated this is for engineering services for rehabilitation of three lift stations in the Green Tee area. At one time, there were four of the old style air lift type stations in that area which is an old technology that produces a lot of difficulties with regard to maintenance. One has already been replaced and this proposal is to replace the remaining three lift stations and perform the engineering services. Discussion ensued between Council and Staff regarding the need for rehabilitation of these lift stations and the engineering contract for design of the lift station. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger Page 9 of 19 - 01/14/2002 Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2002-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR LANDSCAPING ASSOCIATED WITH THE MCHARD ROAD OVERPASS. Mr. Ed Hersh, Parks and Recreation Director. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to approve Resolution No. R2002-12 and to award the bid of $108,100 to Blue Ridge Services. City Manager, Bill Eisen, stated this is a follow-up to the Pearland Economic Development Corporation funding of the McHard Road Overpass. The landscaping around the overpass was provided for in the annual operating budget. The recommendation is to award the bid to Blue Ridge Services in the amount of $108,100 and, since the funds are available, to include the larger 5 -inch caliper spade dug trees. Discussion ensued between Council and Staff regarding the contract and award of this bid. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2002-8 -A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING ARRANGEMENT W ITH THE HOUSTON-GALVESTON AREA COUNCIL (HGAC) FOR THE PURCHASE OF ROLLING STOCK VEHICLES. Mr. Gordon Island, Purchasing Officer. Councilmember Wilkins made the motion, seconded by CouncilmemberTetens, to approve Resolution No. R2002-8. City Manager, Bill Eisen, stated all of these vehicles are included in the annual operating budget for the current year. There are a few more vehicles that will be coming before Council later with a couple of those related to the decision that was made earlier in this meeting on the Parks and Recreation Department's equipment for right-of-way mowing Page 10 of 19 - 01/14/2002 operations. Since that issue is still pending they were not included and there are still some issues pending on some of the police patrol sedans. Brief discussion ensued between Council and Staff regarding the cost of these budgeted items. Voting"Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2002-9 - A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING ARRANGEMENT WITH THE CITY OF CEDAR HILL FOR THE PURCHASE OF A CAB AND CHASSIS TO ACCOMMODATE A REFURBISHED AMBULANCE BODY. Mr. Gordon Island, Purchasing Officer. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2002-9. City Manager, Bill Eisen, stated this is for replacement of an existing cab and chassis. Mayor Pro -Tem Marcott stated that this is well overdue. With the City of Pearland's growth and the extraterritorial jurisdiction that the City is serving, the ambulance service is becoming more and more busy. Council further discussed the necessity of these replacements. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2002-7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID TO FRAZER, INC. FOR REFURBISHMENT AND REMOUNTING OF AN AMBULANCE BODY. Mr. Gordon Island, Purchasing Officer. Page 11 of 19 - 01/14/2002 Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Marcott, to approve Resolution No. R2002-7. City Manager, Bill Eisen, stated this is for removal of the ambulance box, which will be refurbished and remounted on the new cab and chassis referred to in the previous item on the agenda. The savings on this will be approximately $25,000. The old cab and chassis will be sold at auction at a later date. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2002-4 - A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH WALSH/FREESE & NICHOLS-LOCKWOOD, ANDREWS& NEWNAM, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE DESIGN AND CONSTRUCTION OF PEARLAND PARKWAY LANES THREE AND FOUR. Mr. Alan Mueller, Deputy City Manager. Council member Owens made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2002-4. City Manager, Bill Eisen, stated that for some time now, the City has had the first two lanes of this project designed. There has been some sort of snag with regard to final issue of the wetlands permit by the Army Corps of Engineers, who will be going through a second advertising process for comments. That comment period will end January 30, 2001, and 2-3 weeks after that the City may have an opportunity to respond to those comments. The City remains optimistic that it will obtain the wetlands permit so that it may move forward with this project. It is being proposed to begin the process of completing the design of lanes three and four so as to move forward with the bid process. Construction should begin this year. Council and Staff discussed the contract for engineering services. Voting "Aye" Councilmembers Seeger, Wilkins, and Tetens. Voting "No" Councilmembers Owens and Marcott. Motion Passed 3 to 2. Page 12 of 19 - 01/14/2002 FIRST AND ONLY READING OF ORDINANCE NO. 1049 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE AN EASEMENT FOR THE CONSTRUCTION OF A WATER LINE ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITYATTORNEY, 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 FIRE AND/OR POLICE FACILITIES BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Marcott made the motion, seconded by Couna'imember Owens, to approve Ordinance No. 1049 on its first and only reading. City Manager, Bill Eisen, stated this item relates to a water line extension project that is being contemplated. Right-of-way is required for the project and the City has made agreement with all of the property owners, with the exception of one, who have conveyed the required right-of-way to the City for fair market value. Consequently, the acquisition of the 10 -foot easement by means of condemnation may be required. The recommendation is for Council to approve the ordinance declaring the public necessity for an easement, which would be the subject of the condemnation if it should come to that. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2002-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATIONS NUMBERS TWO AND THREE FOR ENGINEERING SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM. Mr. Joe Wertz, Jr., Project Director. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to approve only Work Authorization #3 of Resolution No. R2002-10. City Manager, Bill Eisen, stated that Council previously approved an agreement with Turner, Collie & Braden, Inc., for project management and preliminary engineering services related to the bond program recently approved by the voters. At that time, Council Page 13 of 19 - 01/14/2002 approved Work Authorization #1 and now are being asked to approve Work Authorization #'s 2 and 3. Work Authorization #2 provides for both survey and geo-technical services to be performed for group #1 of the Miscellaneous Road Improvement Projects. Group #1 consists of those projects identified as very high priority by Turner, Collie & Braden, Staff, and Council at a recent workshop session. This authorization includes highest priority contracts that could be developed in the time available to meet Council Meeting schedule guidelines. Work Authorization #3 provides for a hydrologic and hydraulic study for the West Mary's Creek facility. Dannenbaum Engineering has been interviewed by Turner, Collie & Braden and determined to be the most qualified firm to perform this study. This Work Authorization, provides for a scope of services, contract amount, and clearly defined timetable for completion. The agreement and pricing is based on the assumption that everything in group form will be done. If any portion of that is taken out, it may be necessary to renegotiate some of the terms of that agreement, which would take additional time that could delay the City's intent to get some of these projects done before school starts. Mayor Pro -Tem Marcott stated he felt that Plum and Old Alvin to Schleider should be removed from the Miscellaneous Road Improvements Group #1. It is roughly 20% of the $5,000,000 that residents voted on to do little jobs within the community and this is a road that is used by the public going over to the Kroger area and to the schools. The primary traffic on that is empty school buses and stated he would like to see this removed. The City could do all of Group #2 and have money left over and there would be things that people all over town would have some benefit from, things that Council are hearing about. This is too much money under what the plan was, which was to spread the money around and to do things that were of value to all the citizens of Pearland. This is a short section of road that could use some blacktop on it and could be looked at for another time. City Manager, Bill Eisen, stated it was recently discovered that in upcoming months the school district will be constructing a new access formed into that school bus parking area off of Schleider Drive rather than taking it off Plum. Lengthy discussion ensued between Council and Staff regarding Work Authorization #'s 2 and 3. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. Page 14 of 19 - 01/14/2002 COUNCIL ACTION - RESOLUTION NO. R2002-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO CONTRACT WITH BAY ENVIRONMENTAL, INC. FOR ENVIRONMENTAL SERVICES ASSOCIATED WITH FEMA BUY-OUT PROGRAM. Mr. Gordon Island, Purchasing Officer. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2002-5. City Manager, Bill Eisen, stated federal regulations require that any homes that are purchased and then demolished through the FEMA buyout program, prior to demolition, an environmental survey has to be done at each home to assure there is no asbestos or any other substances that could be harmful to the neighborhood. This is a 25-30 day process. The intent of this agreement is to comply with that. Brief discussion ensued between Council and City Manager regarding the contract with Bay Environmental, Inc. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - LOCAL MATCHING FUNDS FOR FEMA BUYOUT PROGRAM. Mr. Chris Kidwell, Grants and Strategic Planning Coordinator. Council member Tetens made the motion, seconded by Councilmember Owens, to allocate local matching funds of $550,000. Bill Studak, 3120 Bishopton, addressed Council and stated he trusts Council to do the right thing and should take advantage of this great opportunity for federal funding. City Manager, Bill Eisen, stated funds are set aside in the operating budget this year to begin the buyout process. In late November or early December 2001, Council authorized Staff to make additional purchases and allocations of additional funding for additional purchases in strategic locations where the City could maximize opportunities to build additional park size and have several lots put together to give the opportunity to construct parks or other public areas or perhaps make those areas available to homeowners associations or other uses of that type. At that time Council also asked Staff to go back and take a look at how much more funding would be required to purchase all the homes Page 15 of 19 - 01/14/2002 that were part of the initial applications or late sign ups. This has been done and, as the information indicates, there are some complications with regard to that as before the City bought all of those the amount of federal funding that was set aside for this project would be exhausted. If Council desires there is opportunity to issue an estimate at this time. The -- City does have the ability to purchase an additional 22 homes which would take it up to the maximum amount of the federal matching money. Eight of those would be located in the floodway and the remaining 14 would be outside the flood area. Throughout this process, it was indicated that the City would be tied to and obligated to follow the prioritization process of FEMA, which would be floodway homes first and then floodplain homes second. If Council chooses to purchase the remaining 22 homes, in effect use all the federal allocation money, the City would have to allocate another $550,000 in funds. Grants and Strategic Planning Coordinator, Chris Kidwell, gave a brief presentation on the location of the homes being discussed. Council discussion ensued regarding the FEMA buyout of homes. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - REMOVE FROM TABLE RESOLUTION NO. R2001-183. City Council. Councilmember Owens made the motion, seconded by CouncilmemberTetens, to remove from table Resolution No. R2001-183. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2001-183 - A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH WALSH/FREESE & NICHOLS, INC. ENGINEERING SERVICES ASSOCIATED WITH THE DIXIE FARM ROAD 21" SANITARY SEWER IMPROVEMENTS. Mr. Joe Wertz, Jr., Project Director. Page 16 of 19 - 01/14/2002 Councilmember Owens made the motion, seconded by CouncilmemberTetens, to approve Resolution No. R2001-183. City Manager, Bill Eisen, stated this was brought before Council at the previous meeting where it was tabled. Council had some concerns with regard to some verbiage related to the engineering fees on the project, particularly a reference in the agreement on what would happen if construction of the improvements could not occur within a certain time period. At that point, Council asked Staff to reexamine that section and return with a lump sum or fixed -fee type of agreement. Brief discussion ensued between Council and Staff regarding the engineering services contract. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" Councilmember Marcott. Motion Passed 4 to 1. COUNCIL ACTION - RESOLUTION NO. R2002-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING POLICY AND PROCEDURES FOR FUTURE ANNEXATIONS. Mr. Alan Mueller, Deputy City Manager. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to approve Resolution No. R2002-15. City Manager, Bill Eisen, stated this relates back to a study done last year with regard to potential annexations of municipal utility districts located outside city limits. The consultant who did this study suggested and developed the proposed draft of an annexation policy. That policy would not only apply to municipal utility districts but other properties currently located outside city limits. The recommended action is to formally adopt the policy to have it to reference when considering annexations in the future. Further discussion ensued between Council and Staff regarding the adoption of the annexation policy. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. Page 17 of 19 - 01/14/2002 COUNCIL ACTION -RESOLUTION NO. R2002 -11-A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT WITH S & B ENGINEERING FOR ENGINEERING SERVICES ASSOCIATED WITH THE MAGNOLIA STREET UTILITY RELOCATION. Mr. Joe Wertz, Jr., Project Manager. Councilmember Wilkins made the motion, seconded by Councilmember Seeger, to approve Resolution No. R2002-11. City Manager, Bill Eisen, stated this is for initial utility work that was identified when the Water and Wastewater Impact Fee Study was done. The recommendation is to move forward with the engineering of some of those facilities with S & B Engineering. Council and Staff briefly discussed the contract with S & B Engineering. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2002-16 - A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR DEMOLITION SERVICES ASSOCIATED WITH THE FEMA BUY-OUT PROGRAM. Mr. Gordon Island, Purchasing Officer. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2002-16 and to award the contract to AAR, Inc., in the amount of $104,225. City Manager, Bill Eisen, stated this contract is for demolition of the first 21 properties that were purchased through the program. The City will likely break up the contracts into 2 groups to facilitate demolition within FEMA guidelines. The company recommended for award of this contract for demolition services is AAR, Inc., in the amount of $104,225. Council discussed the awarding of this contract for demolition services. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. Page 18 of 19 - 01/14/2002 OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 10:26 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY - SLEEPY HOLLOW. City Council. 2. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY: REGARDING POTENTIAL LITIGATION - ASSOCIATED WITH MORATORIUM. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:32 p.m. COUNCIL ACTION - DIRECTION TO STAFF REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY - Sleepy Hollow. City Council. No Council action taken. COUNCIL ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING POTENTIAL LITIGATION - ASSOCIATED WITH MORATORIUM. Mr. Darrin Coker, City Attorney. No Council action taken. ADJOURNMENT: Meeting was adjourned at 11:32 p.m. Minutes approved as submitted and/or corrected this the 28`" day of J ar , 2002. Tom Reid, Mayor Page 19 of 19 - 01/14/2002 THIS PAGE LEFT INTENTIONALLY BLANK