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2002-01-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 28, 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 Tom Reid Mayor Pro -Tem Larry Marcott Councilmember Richard Tetens Councilmember Woody Owens Councilmember Larry Wilkins Councilmember Klaus Seeger City Manager Bill Eisen City Attorney Darrin Coker Deputy City Secretary Melinda Welsh Others in attendance: DeputyCity ManagerAlan Mueller; Executive Directorof Community Services Tobin Maples; City Engineer John Hargrove; Community Relations Liaison Phibi Vassallo; Director of Community Development and Services Gene Tumlinson; Parks and Recreation Director Ed Hersh; Public Works Director Jerry Burns; Project Director Joe Wertz; Assistant Police Chief Johnny Spires. The invocation was given by Richard Tetens and the Pledge of Allegiance was led by Phillip Smith of Boy Scout Troop #460. MAYOR'S ACTIVITY REPORT: Delores Fenwick, Executive Director of Keep Pearland Beautiful, reported that on the first week of October, Keep Pearland Beautiful went into a cooperative program with the Brazoria County Community Supervision and Corrections Department. Since that time, community service workers have put in 541 volunteer hours. Since the 15' of December, 416 bags of trash and 30 tires have been picked up, in addition to large trash that does not fit into the bags. She reported that laws need to be enforced to prevent littering. Mayor Reid reported on January 15 he attended the HGAC Board of Directors Meeting, the Gulf Coast Water Authority Planning Committee Meeting, and a Council and Commissioners Court Joint Workshop; January 16 attended an Adult Reading Center Building Committee Meeting, a meeting with developers regarding a shopping center, and also the Brazoria County Cities Association Meeting; January 17 attended a Chamber Leadership Council Meeting as well as the Pearland Cancer Rally; January 18 was a Page 1 of 17 - 1/28/2002 celebrity reader at Silverlake Elementary School, and met with the Pearland Economic Development Corporation and Houston Business Journal; January 21 attended a Council Workshop; January 22 attended a meeting with City Manager, Bill Eisen, and a representative of Municipal Utility District No. 4; January 23 - 26 attended the TML Insurance Risk Pool Board of Directors Meeting; January 26 attended the Chamber of Commerce Annual Meeting and Awards Banquet; January 28 attended the City of Houston's State of the City Address given by Mayor Lee Brown. COUNCIL ACTIVITY REPORTS Councilmember Tetens reported on January 16 he attended the Brazoria County Cities Association Meeting in Clute; January 17 attended the Chamber Leadership Council Meeting; January 21 attended a Council Workshop and Joint Public Hearing; January 24 attended 2 ribbon cuttings for a new dentist and new insurance agent; and January 26 attended the Chamber of Commerce Annual Meeting and Awards Banquet. Councilmember Owens reported on January 15 he attended a Joint Workshop between City Council and the Brazoria County Commissioners. He stated that it was a positive move for the City and a good way to open up communications across the County. A State Highway 288 coalition is being put together with the Brazoria County Partnership. He stated that he has been fortunate enough to chair the infrastructure committee so that they could look at it and see what could be done to rework SH288 and get some things going. The Texas Department of Transportation is looking at a major investment study of the corridor from Highway 6 north up into the Houston area for possible widening and alternatives for traffic. The Harris County Toll Road Authority has this listed as one of their projects, as a possibility of bringing the toll road into there. He stated on January 26 he attended the Chamber of Commerce Annual Meeting and Awards Banquet. Mayor Pro -Tem Marcott reported on January 15 he attended a Joint Workshop between City Council and the Brazoria County Commissioners. He stated he felt that with Pearland being the largest city in Brazoria County, this was an important meeting. Anything the City does with Brazoria County Commissioners Court, and other entities within the County, is only going to help the City as well as the County. On January 16 he attended the Brazoria County Cities Association Meeting in Clute. Councilmember Wilkins reported he also attended the Chamber of Commerce 40`" Annual Meeting and Awards Banquet on January 26, 2002. At their invitation, he attended a meeting of the parents of Special Olympics students who will participate in the Special Olympics at the State level. He also attended the Joint Workshop between City Council and the Brazoria County Commissioners and felt it was beneficial to the City and should Page 2 of 17 - 1/28/2002 be an annual or bi-annual event. This upcoming Wednesday, January 30, 2002, the Corrigan Flood Committee will be meeting with Staff at City Hall. He stated that he plans to attend so he may voice his concerns and discuss what is going on with the latest developments. He further stated on Saturday, February 2, 2002, he would be attending City Council's Annual Retreat. Councilmember Seeger reported he would like to voice the same concerns as Delores Fenwick, Executive Director of Keep Pearland Beautiful, regarding trash on the roadways. He stated that first impressions are important and when people come down Dixie Farm Road there is a lot of trash on that roadway. The recent trash pickup on the roadway has been quite dramatic and noticeable. He would like to get with some locals to find ways to enforce laws on littering. CITY MANAGER'S REPORT City Manager, Bill Eisen, stated that Brazoria County Drainage District No. 4, Clear Creek Drainage District, and the cities of Pearland and Friendswood have been in discussions regarding ways to provide encouragement and positive reinforcement to the Corps of Engineers to accelerate the process, as much as reasonably possible, on the Clear Creek project. CITIZENS Russell Ybarra, 2202 E. Broadway, addressed Council and stated he is the owner of Gringo's Mexican Kitchen in Pearland and was at this meeting to address the proposed parking lot expansion. He recently met with City Attorney, Darrin Coker, to discuss the proposed expansion and it was suggested he meet with nearby residents who would be affected by the expansion. As a result of this suggestion, he did meet with several of the residents and addressed some of their concerns regarding whether the proposed parking lot expansion would mean expanding the restaurant and needing additional parking as a result. He stated that he allayed their concerns regarding his intention to expand only the parking area. He further stated he hopes this problem can be resolved. C. Davis Wilson, 11222 Richmond Avenue, addressed Council and stated he is the architect for Mr. Ybarra. Out of the meeting he and Mr. Ybarra had with City Attorney, Darrin Coker, they were able to pick up 6 or 8 foot of "green belt" along this area. Out of the meeting Mr. Ybarra had with the citizens, came a request to put in speed bumps. He reported Mr. Ybarra would be willing to pay the cost of the speed bumps if the City wants to put 2 speed bumps on East Circle Drive and 2 speed bumps on West Circle Drive. He Page 3 of 17 - 1/28/2002 stated he respectfully requests that Council recognize the fact that Mr. Ybarra's plans were "in the system" before the moratorium, and allow them to proceed. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the January 14, 2002, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the January 14, 2002, Regular Council Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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 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. C. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002- 22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONVEYING EASEMENTS TO SOUTHWESTERN BELL TELEPHONE COMPANY, L.P., FOR TELECOMMUNICATION FACILITIES, ACCESS TO TELECOMMUNICATION FACILITIES, AND AUTHORIZING A SUPPLEMENTAL AGREEMENT REGARDING THE CONSTRUCTION OF THE TELECOMMUNICATION FACILITIES. Mr. Darrin Coker, City Attorney. Page 4 of 17 - 1/28/2002 D. CONSIDERATION AND POSSIBLE ACTION - APPOINTMENT OF MS. JO KNIGHT TO THE TAX INCREMENT REINVESTMENT ZONE NUMBER TWO BOARD OF DIRECTORS. Mayor Tom Reid. E. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002- 17 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID TO SELECTRON, INC. FOR PURCHASE OF AN INTERACTIVE VOICE RESPONSE SYSTEM. Mr. Gene Tumlinson, Director of Community Development. F. CONSIDERATION AND POSSIBLE ACTION - REJECTION OF BIDS FOR ANIMAL CONTROL BUILDING EXPANSION. Mr. Gene Tumlinson, Director of Community Development. G. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002- 20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING A DONATION DEED FOR RIGHT-OF- WAY ASSOCIATED WITH THE PEARLAND PARKWAY PROJECT. Mr. Alan Mueller, Deputy City Manager. H. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF PARKS AT WALNUT BEND SECTION ONE. Mr. John Hargrove, City Engineer. Mayor Pro -Tem Marcott asked that Consent Agenda Item 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 G, with the exception of item 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: Page 5 of 17 - 1/28/2002 As requested by Mayor Pro -Tem Marcott, Consent Agenda Item H was removed from the Consent Agenda for further discussion. H. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF PARKS AT WALNUT BEND SECTION ONE. Mr. John Hargrove, City Engineer. CounciImember Tetens made the motion, seconded by Councilmember Owens, to approve Consent Agenda Item H. Mayor Pro -Tem Marcott asked if 6 -foot sidewalks were required since this subdivision has 4 -foot sidewalks on the plat. City Engineer, John Hargrove, stated this plat was approved before the rules changed requiring 6 -foot sidewalks. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS FIRST READING OF ORDINANCE NO. 509-562 - 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 3 ACRES, OUT OFA 12 ACRE TRACT, BEING OUT OF THE SOUTH 99 ACRES OF THE H. T. & B. R.R. COMPANY SURVEY, SECTION 7, A-219, AND RECORDED IN VOLUME 868, PAGE 239, DEED RECORDS OF BRAZORIA COUNTY, TEXAS, (APPLICATION NO. 1015) (6301 BROADWAY STREET) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF JIMMY VAUGHAN, AGENT FOR JAMES MARSH, 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 Tetens, to table Ordinance No. 509-562 (Application No. 1015) on its first reading. Page 6 of 17 - 1/28/2002 Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny Application No. 1015. City Manager, Bill Eisen, stated the recommendation from the Planning & Zoning Commission was to deny this zone change and would require a three-fourths vote from City Council to overturn that recommendation and approve the zoning. Councilmember Tetens stated he thinks the Planning and Zoning Commission made a good decision and that putting Commercial right up against Residential would not be good planning. Councilmember Wilkins stated that he concurs with Councilmember Tetens. Councilmember Owens stated he also agrees with Councilmember Tetens. This property is on the east side and the west side is all Commercial property. He further stated he was not sure if this property could ever be anything but Commercial because of the way the frontage is on FM518 and hopes the decision is based on the use of the property going to Commercial, rather than what is being proposed to put there. Councilmember Tetens stated when you zone Commercial you are zoning it for any use permitted under Commercial uses. It does not matter what the applicant says they are going to use it for, any use can be allowed under Commercial zoning. Mayor Pro -Tem Marcott stated he was concerned about drainage for this property and the possible smell of fertilizer since this would be a landscape business. Executive Director of Community Services, Tobin Maples, stated this property could not be zoned General Business with what the applicant is proposing to do. To allow the applicant to have outside storage of their material it would have to be zoned Commercial. In a recent meeting he had with the applicant, they disclosed that the intention was to have everything in back and were not going to have the high piles of mulch and soil that everyone was concerned about. He stated that CouncilmemberTetens is correct in stating that this would be a "gentleman's agreement" and that once it is zoned Commercial the applicant can do whatever they would like under the Commercial zoning. Mayor Reid stated if the applicant was willing, they could amend the zone change to General Business instead of Commercial. Councilmember Seeger stated zoning has to be decided on the land itself and not what is going to be on there or what is promised. Page 7 of 17 - 1/28/2002 Additional discussion ensued between Council and Staff regarding this zone change. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-563 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING LOTS 25-31, BLOCK 1, PEARLAND TOWNSITE, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1016) (2246 N. WASHINGTON) FROM CLASSIFICATION MULTI -FAMILY DWELLING DISTRICT (MF) TO NEIGHBORHOOD SERVICES DISTRICT (NS) AT THE REQUEST OF DALE PILLOW, AGENT, FOR ADULT READING CENTER, INC., OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-563 (Application No. 1016) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 1016. City Manager, Bill Eisen, stated the property is currently occupied by the Adult Reading Center. The purpose of the proposed zone change is to accommodate future expansion. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-564 - 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 Page 8 of 17 - 1/28/2002 PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING .7016 ACRES, BEING LOT 4 OF AN UNRECORDED SUBDIVISION OF 9.83 ACRES, BEING LOT 20, ALLISON RICHEY GULF COAST HOMES SUBDIVISION, SECTION 9, H. T. & B. R.R. COMPANY SURVEY, A-234, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1011)(1949 MAX ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-1) AT THE REQUEST OF PAULETTE BURNS, AGENT FOR CLINTON G. WHATLEY, 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. 509-564 (Application No. 1011) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 1011. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-565 - 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 2.071 ACRES OF LAND, OUT OF LOT 53, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 9, H. T. & B. R.R. COMPANY SURVEY, A-234, BRAZORIA COUNTY, TEXAS, AS RECORDED IN VOLUME 2, PAGE 24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1018)(7010 W. CLIFFSTONE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-1) AT THE REQUEST OF CLAUDETTE SMIKLE, 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. Page 9 of 17 - 1/28/2002 Councilmember Wilkins made the motion, seconded by CouncilmemberTetens, to approve Ordinance No. 509-565 (Application No. 1018) on its first reading, Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 1018. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-566 - 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 2.225 ACRES, IN THE H. T. & B. R.R. COMPANY SURVEY, A-506, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1017) (HILLHOUSE ROAD)FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF JORGE AND LISA AGUIRRE, 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. 509-566 (Application No. 1017) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 1017. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. SECOND AND FINAL READING OF ORDINANCE NO. 1039 - AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO Page 10 of 17 - 1/28/2002 THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (BARRY ROSE ROAD/COUNTRY CLUB DRIVE); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. Mr. Tobin Maples, Executive Director of Community Services. CouncilmemberTetens made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1039 on its second and final reading. City Manager, Bill Eisen, stated this was an item that was previously tabled, at the request of several property owners in the area, so that they could have an opportunity for an alternate proposal. Discussion ensued between Council regarding the proposed annexation. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. CONSIDERATION AND POSSIBLE ACTION - REMOVE FROM TABLE ORDINANCE NO. 509-546. City Council. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Marcott, to remove Ordinance No. 509-546 from the table. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-546 - 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 774 ACRES OF LAND, MORE OR LESS, BEING GENERALLY LOCATED IN THE D. H. M. HUNTER SURVEY, A-36 AND Page 11 of 17 - 1/28/2002 THE T. J. GREEN SURVEY, A-290, HARRIS COUNTY, TEXAS (APPLICATION NO. 1006)(TRACT 6 - CLEAR CREEK @ COUNTRY CLUB DRIVE) AS CLASSIFICATION ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (RE), PROVIDING FOR AN AMENDMENTOFTHE 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. 509-546 (Application No. 1006) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 1006. City Manager, Bill Eisen, stated this request is from one of the owners of the property and would allow the property owners to still work on an overall plan for the area. The process will be a little bit different than was earlier contemplated in that the City would actually have the plan done in conjunction with the property owners and whether the property owners would agree to pay up to $5,000 for a master development plan. City Attorney, Darrin Coker, stated since more than 20% of the property owners in the 200 - foot notification area protested this zone change, it would require a three-fourths vote from Council to approve. Additional discussion ensued between Council and Staff regarding concerns about the possible increase of tax valuation if this zone change is approved. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2002-18 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATIONS FOR ENGINEERING SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM. Mr. Joe Wertz, Jr., Project Director. Page 12 of 17 - 1/28/2002 Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to approve Resolution No. R2002-18. City Manager, Bill Eisen, stated this would approve Work Authorization No.'s 2 and 4 to the Program Management contract with Turner, Collie & Braden. It would provide for the hydrology on the Corrigan Subdivision improvements as well as the survey, design and geo-technical work on several miscellaneous street projects. Council and Staff discussed details of both Work Authorizations. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1050 - AN ORDINANCE OF THE CITY COUNCILOFTHE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO.6 OF TWO TRACTS OF LAND TOTALING APPROXIMATELY 10.14ACRES; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO DETERMINE THE BOUNDARIES OF MUNICIPAL UTILITY DISTRICTS IN THE CITY'S EXTRATERRITORIAL JURISDICTION INURES TO THE BENEFITOFTHE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Darrin Coker, City Attorney. Councilmember Wilkins made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 1050 on its first and only reading. City Manager, Bill Eisen, stated this is the same 1 -acre tract that Council recently deannexed from the City. It is part of the site of the new Super Wal-Mart that will be located in the Silverlake area. This is a two-part process, one being for the City first to deannex the property and second for the Municipal Utility District to annex it after Council grants approval for them to do so. Brief discussion ensued regarding the Municipal Utility District No. 6 annexation. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Page 13 of 17 - 1/28/2002 Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2002-19 - 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 KLOTZ ASSOCIATES, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE REHABILITATION OF THE BARRY ROSE AND LONGWOOD WASTEWATER TREATMENT PLANTS. Jerry Burns, Public Works Director. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2002-19. City Manager, Bill Eisen, stated these are for replacement weirs for the Barry Rose and Longwood Wastewater Treatment Plants. It will be necessary to engineer this rehabilitation and place this item out for public bid. Public Works Director, Jerry Burns, stated that the Texas Natural Resource Conservation Commission has regulations on to how to build a weir and exactly how it is all done. This is why an engineering firm is involved so that it is within the guidelines of TNRCC. Further discussion ensued between Council and Staff regarding weirs. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE USE OF CITY PROPERTY FOR STORM WATER DETENTION. Administration. CouncilmemberTetens made the motion, seconded by Councilmember Owens, to approve this contingent upon it being determined that it will serve the purpose. City Manager, Bill Eisen, stated this was an issue brought forth at the recent Joint Workshop between the City and Brazoria County Commissioners that involves a piece of property the City owns, which is located in the City's extraterritorial jurisdiction, where flooding occurs. It is recommended that this site be made available for detention purposes if it is determined to be a feasible location. Page 14 of 17 - 1/28/2002 Discussion took place between the City Manager and Council regarding this piece of property. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2002-21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, EXPRESSING OPPOSITION TO PROPOSED TEXAS DEPARTMENT OF TRANSPORTATION RULES REGARDING FRONTAGE ROADS ON FREEWAYS. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Council member Tetens, to approve Resolution No. R2002-21. City Manager, Bill Eisen, stated that the Texas Department of Transportation's policy in the past has been that frontage roads went on freeways unless something unusual happened that would cause the road not to be put in. Now the reverse is true and the new policy states that frontage roads would not be put in except under unusual circumstances. Discussion ensued between Council regarding opposition to the Texas Department of Transportation's new policy. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:38 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE Page 15 of 17 - 1/28/2002 SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY - DONYA. 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 10:21 p.m. COUNCIL ACTION -DIRECTION TO STAFF REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY - DONYA. City Council. Councilmember Tetens made the motion, seconded by Councilmember Owens, to authorize Staff to move forward with the sealed bid for the sale of property along Liberty Drive. City Attorney, Darrin Coker, stated he recommends that Staff be authorized to move forward with the sealed bid for the sale of property along Liberty Drive. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. 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 10:22 p.m. Page 16 of 17 - 1/28/2002 Minutes approved as submitted and/or corrected this the 11 day of Februar , 2002. Tom Reid Mayor ATTEST: Page 17 of 17 - 1/28/2002 THIS PAGE LEFT INTENTIONALLY BLANK