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2002-04-08 CITY COUNCIL REGULAR MEETING MINUTESoil. MINUTES - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 8, 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 City Secretary Young Lorfing Others in attendance: Deputy City Manager Alan Mueller; Police Chief J.C. Doyle; City Engineer John Hargrove; Director of Finance Jim Causey; Public Works Director Jerry Burns; Assistant City Attorney Nghiem Doan; Project Director Joe Wertz. The invocation was given by Reverend Barnett and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid read into the record a proclamation proclaiming the month of April, "Child Abuse Prevention Month". He stated he would like to urge all citizens to work together to help reduce child abuse and neglect. Mayor Reid reported on March 26 he attended a meeting with the ministers of St. Agnes & Disciples of Faith; March 28 attended a meeting for Junior Achievement; April 2 attended the AARP Monthly Meeting, presented a Scouting Program to the Pearland Rotary Club, attended Keep Pearland Beautiful KIPPERS Environmental Fair for Jamison School, and spoke to the Pearland Community Band; April 3 met with Dr. Blum regarding Pearland Community Hospital; April 4 met with property owners in reference to the Halick Road property, attended the Southeast Economic Development Corporation Board of Directors Meeting, and attended the Southeast Shrine Club; April 5 met with Dr. Peters regarding Sunrise Subdivision and the traffic concerns of the Homeowners Association, and attended the Partner for Pearland Auction and Awards; April 8 attended the Tri -County School to Work Luncheon. Page 1 of 18 — 4/8/2002 012 COUNCIL ACTIVITY REPORTS Councilmember Tetens reported that he went out this morning, after the heavy rain overnight, to look at Mary's Creek after it reached its peak. He further reported he toured Corrigan, Clear Creek Woods, Green Tee, Sleepy Hollow and other flood prone subdivisions. Hopefully, the drainage projects the City is working on will have some effect eventually but will not happen overnight. Councilmember Owens 'reported he also went out and took a look at some of the areas this morning and his concern is that Clear Creek continues to rise and was still on the rise this afternoon around 2:30 p.m. He further stated the City should not let their guard down and to keep after the Corp of Engineers. Thirty plus years is a long enough time for any community to wait for any help out of the Corp of Engineers. Everyone needs to keep up the pressure so the Corp of Engineers will take action. The Green Tee Homeowner's Association had an opportunity to bring an off-duty police officer in for the weekend due to increased theft in the area, vandalism and traffic violators. He stated he would like to encourage other Homeowners Associations to bring a police officer in for the weekend since it was so successful with the Green Tee HOA. Mayor Pro -Tem Marcott stated he attended an open house at Clear Lake Hospital for their new emergency room and radiology department and it was first-rate. He further stated he drove around town today to look at the flooding from the overnight rain. Clear Creek needs to be opened up and cleared out to alleviate the flooding in this area. Some of the drainage work that has been done recently by City crews on Orange and Old Alvin Road has been successful. He received a phone call from a grateful citizen. Councilmember Wilkins reported that today he spent 3 hours in Corrigan to view the flooding situation. He further stated he was there to give encouragement and hope to citizens that the City is doing everything they can to alleviate the problem and expedite the work to solve their drainage issues. He added that he would like to commend the City's EMS. He received an e-mail from some residents of Dixie Woods who reported that recently their daughter was in a near -fatal accident and EMS responded quickly and got her to the hospital rapidly. He further stated that he would like to remind everyone of the upcoming joint meeting with Pearland Independent School District that will take place April 11., 2002. Councilmember Seeger stated that he looked at the flooded areas and was alarmed at how fast Mary's Creek rose after the rain. He further stated everyone should utilize every opportunity to lobby the Corp of Engineers and anyone else to open Clear Creek. No matter what happens upstream there is a bottleneck at Clear Creek and will cause problems. Page 2 of 18 — 4/8/2002 CITY MANAGER'S REPORT 013 City Manager, Bill Eisen, stated there have been some recent developments with regard to the Clear Creek project. The City has asked the Corp of Engineers if it could make non-structural type improvements to Clear Creek, such as clearing out the brush and debris that impedes the flow of water. Pearland, Friendswood, and two Drainage Districts that service the upstream area, have put together a letter requesting permission to do the improvements. For a number of years opponents of the Clear Creek project have been very active in stating their concerns and opinions to residents up and down Clear Creek and to State and Federal elected officials as well as the Corp of Engineers. The creation of a coalition of communities on the upstream end is being considered to look for ways to present the other side. People are being impacted dramatically by flooding problems because of the inability of the water to get from Clear Creek into Clear Lake. With this in mind, the coalition has talked with former Galveston County Judge, Ray Holbrook, who has agreed to work with the coalition. CITIZENS Tom Pool, 2120 Country Club Drive, addressed Council and stated the drainage ditch behind his house was flooded last summer and got water in his house. This ditch needs to be mowed and it needs to continue to be mowed. The City needs to mow this ditch before there is another rain and he gets more water in his house. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the March 11, 2002 Joint Public Hearing held at 6:30 p.m. 2. Minutes of the March 25, 2002, Regular Council Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION - EXCUSE ABSENCE OF COUNCILMEMBER LARRY WILKINS FROM THE REGULAR COUNCIL MEETING HELD ON MARCH 25, 2002. City Council. C. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF FAIRWAYS AT HIGHLAND GLEN SECTION 1. Mr. John Hargrove, City Engineer. Page 3 of 18 — 4/8/2002 014 D. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF CABOT COVE SECTION 1. Mr. John Hargrove, City Engineer. E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-572 - 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 AND GRANTING A SPECIFIC USE PERMIT FOR STORAGE AND MINI -WAREHOUSES, ON THE FOLLOWING PROPERTY, BEING LOT 1, BLOCK 1 OLD CHOCOLATE BAYOU SUBDIVISION, BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 102) (BROADWAY STREET) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO COMMERCIAL DISTRICT - SPECIFIC USE (C(S)) AT THE REQUEST OF OSBORNE AND VANE ARCHITECTS, AGENT FOR JAMES AND DOROTHY MEDEARIS, 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. F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-573 - 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 1: 57.231 ACRES, BEING ALL OF TRACTS 41, 42, 55, 56, 57 & 58, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 24, BRAZORIA COUNTY, PLAT RECORDS, H. T. & B. R.R. COMPANY SURVEY, SECTION 20, A-506, BRAZORIA COUNTY, TEXAS TRACT 2: 10 ACRES, MORE OF LESS, BEING LOT 12, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 19, H. T. & B. R.R. COMPANY SURVEY, A-243, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 2, PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS TRACT 3: 20.0737 ACRES, BEING ALL OF LOTS 13, 29 AND THE MOST EASTERLY 80' OF LOT 12, ALLISON RICHEY GULF COAST HOME COMPANY SURVEY, A-243, BRAZORIA COUNTY, TEXAS(APPLICATION NO. 1028) (2426 CULLEN BOULEVARD) FROM Page 4 of 18 — 4/8/2002 015 CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF GREYSTON BUILDERS, AGENT FOR HOUSTON MEMORIAL GARDENS, 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. G. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-574 - 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 OF A 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. 1029) (6301 BROADWAY STREET) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT- PLANNED UNIT DEVELOPMENT(GB- PUD) AT THE REQUEST OF JIMMY VAUGHAN, AGENT FOR JIM 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. H. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-575 - 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 AND GRANTING A SPECIFIC USE PERMIT FOR A DETENTION POND TO BE BUILT ON THE FOLLOWING PROPERTY, BEING 3.545 ACRES, BEING TRACT 29A AND PART OF LOT 29B, H. T. & B. R.R. COMPANY SURVEY, A-304, BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 103) (WOOTEN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SUBURBAN DEVELOPMENT DISTRICT - SPECIFIC USE (SD -(S)) AT THE REQUEST OF CHAD MOSS OF PROPERTY COMMERCE DEVELOPMENT COMPANY, AGENT FOR WINNIFRED WOOTEN, Page 5 of 18 — 4/8/2002 016 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. 1. CONSIDERATION AND POSSIBLE ACTION SECOND AND FINAL READING OF ORDINANCE NO. 509-576 - 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 AND GRANTING A SPECIFIC USE PERMIT FOR A DETENTION POND ON THE FOLLOWING PROPERTY, BEING 1 ACRE, BEING PART OF TRACT 29, H. T. & B. R.R. COMPANY SURVEY, A- 304, BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 104) (WOOTEN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SUBURBAN DEVELOPMENT DISTRICT - SPECIFIC USE (SD -(S)) AT THE REQUEST OF CHAD MOSS OF PROPERTY COMMERCE DEVELOPMENT COMPANY, AGENT FOR WINNIFRED WOOTEN, 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. J. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-577 - 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 AND GRANTING A SPECIFIC USE PERMIT FOR A CHURCH ON THE FOLLOWING PROPERTY, BEING 9.998 ACRES, OUT OF LOTS 105 AND 108, A SUBDIVISION OF A. C. H. & B. R.R. COMPANY SURVEY, SECTION 1, A-147, BRAZORIA COUNTY, TEXAS (2209 OLD ALVIN ROAD)(SPECIFIC USE NO. 101)(2209 OLD ALVIN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SUBURBAN DEVELOPMENT DISTRICT - SPECIFIC USE (SD -(S)) AT THE REQUEST OF MONSIGNOR REGINALD R. NESVADBA, AGENT FOR DIOCESE OF GALVESTON-HOUSTON, 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 Page 6 of 18 — 4/8/2002 017 TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. K. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-578 - 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 4, 5 AND 6, BLOCK 3, OF REPLAT OF BUENA VIDA, AN ADDITION IN BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 9, PAGE 6, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1027)(5722 AND 5734 OCHOA)FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DISTRICT (R-3) AT THE REQUEST OF LORETO MORENO, 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. L. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-579 - 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 A 30 ACRE TRACT AND A 10 ACRE TRACT; BOTH OUT OF SECTION 12, H. T. & B. R.R. CO. SURVEY, A- 508, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1026) (NORTHEAST CORNER OF VETERANS AND BAILEY ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-2) AT THE REQUEST OF E. MAURIS HARDCASTLE, AGENT FOR READ PARTNERS, L.P. AND KITTY L. READ, 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. M. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-580 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING Page 7 of 18 — 4/8/2002 � 61 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 1.26 ACRES, OUT OF 10 ACRE LOT 16, ALLISON RICHEY GULF COAST HOMES SUBDIVISION, SECTION 21, A-309, AS RECORDED IN VOLUME 2, PAGE 23-24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1024) (3030 NAVARRO) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT'(SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF JOHN AND WENSDAY STANLEY, 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. N. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-581 - 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 .927 ACRES, BEING A PART OF THE SOUTH '/2 OF LOT 42, ALLISON RICHEY GULF COAST HOME CO.'S SUBDIVISION, SECTION 8, H. T. & B. R.R. CO. SURVEY, A-504, ACCORDING TO THE MAP OF RECORD IN VOLUME 2, PAGES 23-24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1025) (2426 GARDEN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF DENNIS J. WERNER, 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. 0. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 943-5 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING FIGURE 7.2, THOROUGHFARE PLAN, OF THE CITY'S COMPREHENSIVE PLAN AS A GUIDE FOR PROPER DEVELOPMENT OF AN INTEGRATED TRANSPORTATION SYSTEM IN PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR CODIFICATION. Mr. Tobin Maples, Executive Director of Community Services. Page 8 of 18 — 4/8/2002 019 P. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 1057 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 26 OF ONE TRACT OF LAND TOTALING APPROXIMATELY 700.103 ACRES; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO DETERMINE THE BOUNDARIES OF MUNICIPAL UTILITY DISTRICTS IN THE CITY'S EXTRATERRITORIAL JURISDICTION INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Darrin Coker, City Attorney. Q. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. 2002- 57- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A SUBSTANCE ABUSE PROCEDURE FOR THE EMPLOYEES OF THE CITY OF PEARLAND. Mr. Darrin Coker, City Attorney. Councilmember Tetens asked that Consent Agenda Item L 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 Q, with the exception of item L, 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 Councilmember Tetens asked that Consent Agenda Item L be removed from the Consent Agenda for further discussion. L. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-579 - 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. A 30 ACRE TRACT AND A 10 ACRE TRACT; BOTH OUT OF SECTION 12, H. T. & Page 9 of 18 — 4/8/2002 020 B. R.R. CO. SURVEY, A-508, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1026) (NORTHEAST CORNER OF VETERANS AND BAILEY ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-2) AT THE REQUEST OF E. MAURIS HARDCASTLE, AGENT FOR READ PARTNERS, L.P. AND KITTY L. READ, 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. 509-579. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 1026. Councilmember Tetens stated this is an application for an R-2 and the developers should consider it being an R-1 or larger subdivision such as an RE. Voting "Aye" Councilmembers Seeger, Wilkins, and Owens. Voting "No" Councilmembers Tetens and Marcott. Motion Passed 3 to 2. NEW BUSINESS CONSIDERATION AND POSSIBLE ACTION — REMOVE FROM TABLE ORDINANCE NO. 943-6. City Council. Councilmember Owens made the motion, seconded by Councilmember Wilkins, to remove Ordinance No. 943-6 from the table. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 943-6 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING FIGURE 5.1(CULLEN ROAD AREA), LAND USE PLAN, OF THE CITY'S COMPREHENSIVE PLAN AS A GUIDE FOR PRESERVING A SENSE OF COMMUNITY, ATTRACTIVENESS AND SAFETY IN PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY Page 10 of 18 — 4/8/2002 021 CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR CODIFICATION. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Tetens made the motion, seconded by Councilmember Seeger, to approve Ordinance No. 943-6 and choose Option D. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Option C. City Manager, Bill Eisen, stated this is for a proposed change in the Land Use Plan, as it relates to the Cullen Road area, with two options being considered. Option C recommends General Business uses and Option D recommends Low Density Residential uses for the frontage property along both sides of Cullen and the future McHard Road. Brent Durrett, 6120 Brookside Drive, addressed Council and stated he owns two tracts of land on Cullen Boulevard and is in favor of Option C. Gilbert Allison, 1855 Cullen, addressed Council and stated he is in favor of Option C. Lengthy discussion ensued between Council and Staff regarding the proposed change in the land use plan. Voting "Aye" Councilmembers Tetens, Wilkins, and Seeger. Voting "No" Councilmembers Owens and Marcott. Motion Passed 3 to 2. CONSIDERATION AND POSSIBLE ACTION — DEDICATION OF LAND FOR PROPOSED VETERANS MEMORIAL PARK. Mr. Ed Hersh, Parks and Recreation Director. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to designate the site for the Veterans Memorial Park, which shall be constructed in accordance with City codes and with the plans presented to Council at a previous Council Workshop and with park requirements. City Manager, Bill Eisen, gave a brief overview of the proposed Veterans Memorial Park. Bill Berger, Chairman of the American Hero Foundation, stated this is a $2,400,000 .-� project to build a Veterans Memorial along Pearland Parkway. The design of the structure would be a pavilion with a five -pointed star with the each pointed star Page 11 of 18 — 4/8/2002 022 representing one of the branches of the armed forces. He further gave an outline of what the memorial would look like. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. 2002-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATIONS #7 & 8 FOR SURVEY, H & H DESIGN, TRAFFIC CONTROL, GEO-TECHNICAL, AND WPPP SERVICES FOR GROUP NUMBERS 2 AND 3 OF THE MISCELLANEOUS ROAD IMPROVEMENT PROJECTS ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM. Mr. Bill Eisen, City Manager. Councilmember Wilkins made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2002-58. City Manager, Bill Eisen, gave a brief description of what Authorizations #7 and #8 include. Discussion ensued.between Council and Staff regarding these Work Authorizations. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1060 - AN ORDINANCE AUTHORIZING AND ORDERING THE ISSUANCE OF CITY OF PEARLAND, TEXAS PERMANENT IMPROVEMENT BONDS, SERIES 2002; PRESCRIBING THE TERMS AND FORM THEREOF; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL THEREOF AND INTEREST THEREON; AWARDING THE SALE THEREOF; AUTHORIZING THE PREPARATION AND DISTRIBUTION OF AN OFFICIAL STATEMENT TO BE USED IN CONNECTION WITH THE SALE OF THE BONDS; MAKING OTHER PROVISIONS REGARDING SUCH BONDS, INCLUDING USE OF THE PROCEEDS THEREOF, AND MATTERS INCIDENT THERETO; AND DECLARING AN EMERGENCY. Mr. Alan Mueller, Deputy City Manager. Councilmember Seeger made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1060. Page 12 of 18 — 4/8/2002 City Manager, Bill Eisen, stated last November 2001 voters passed and approved the Road and Drainage Bond. The bonds were issued over several years and this proposed ordinance authorizes and orders the issuance of the first installment of that amount, which is $25,000,000. Frank Ildebrando, City's Chief Financial Advisor, and Rick Witte, City's Bond Counsel, addressed Council and gave a rundown of the sale of bonds. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1026-1 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 29, ARTICLE XVI, TRUCK TRAFFIC, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME AMENDED, PROVIDING AN EMERGENCY CLAUSE BECAUSE THE NEED TO REGULATE TRUCK ROUTES INURES TO THE BENEFIT OF THE TRAVELING PUBLIC; AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH SAFETY AND WELFARE OF THE CITIZENRY, PROVIDING FOR ENFORCEMENT AND PENALTIES, AND CONTAINING OTHER MATTERS RELATING TO THE SUBJECT; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE; A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1026-1 and to adopt the TxDOT permit fee. City Manager, Bill Eisen, stated this proposed amendment of the City's truck route ordinance was discussed at a previous Council Workshop and gave a brief overview of what was talked about regarding this issue. Council and Staff reviewed the specifics of the proposed changes to the truck route ordinance. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. Page 13 of 18 — 4/8/2002 023 024 FIRST READING OF ORDINANCE NO. 1059 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 13, HEALTH AND SANITATION, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, FOR THE PURPOSE OF REGULATING THE MAINTENANCE OF STORMWATER STORAGE FACILITIES; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1059 and amend Section 1-A of the ordinance to include trees and brush in the bottom and the sides of the ponds. City Manager, Bill Eisen, stated a Council Workshop was recently conducted regarding revisions to the Subdivision Ordinance and the City Code of Ordinance, designed to improve drainage in the community. One of the recommended changes was an amendment to the City's Health and Sanitation Code that requires the owners of detention ponds to properly maintain them and to require a yearly inspection. This ordinance accomplished this objective by adding Section 13-23, which requires the maintenance of all existing and new detention facilities as well as imposes penalties for non-compliance. Discussion took place between Council and Staff regarding the proposed amendments to Chapter 13 of the Code of Ordinances. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. 2002-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY PERMITTING THE COUNTY TO FURNISH A HERBICIDE SPRAY TRUCK WITH OPERATOR TO THE CITY OF PEARLAND FOR THE PURPOSE OF SPRAYING STREET RIGHTS-OF-WAY IN THE CITY. Mr.. Ed Hersh, Parks and Recreation Director. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2002-56. City Manager, Bill Eisen, stated this is for an additional year of an interlocal agreement for herbicide spraying by Brazoria County in the City of Pearland's right-of-ways. Page 14 of 18 — 4/8/2002 Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1058 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A RETAIL ELECTRIC PROVIDER REGISTRATION FORM. Mr. Darrin Coker, City Attorney. Councilmember Wilkins made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 1058. City Manager, Bill Eisen, stated that electric deregulation took effect January 1, 2002, and now all electric consumers in the City have the option to select a provider from which they purchase electricity. The intent of this ordinance is to make sure the City has a record of anyone who is performing or providing sale of electricity in the community. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. 2002-59- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE GARDEN ROAD WATER MAIN PROJECT. Mr. Joe Wertz, Jr. Project Director. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2002-59. City Manager, Bill Eisen, stated this is to award a bid to the lowest bidder for construction services. Council and Staff discussed awarding this contract to the lowest bidder. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. Page 15 of 18 — 4/8/2002 025 026 FIRST AND ONLY READING OF ORDINANCE NO. 1025-3 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 1025, THE 2001-2002 ANNUAL BUDGET ORDINANCE, BY AUTHORIZING CERTAIN ADDITIONS IN THE WATER AND SEWER FUND FOR MUNICIPAL PURPOSES; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO FACILITATE THE CHANGES IDENTIFIED HEREIN WITHOUT FURTHER APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS CLAUSE, A 'SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ADJUST THE CITY BUDGET INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Jim Causey, Director of Finance. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Marcott, to approve Ordinance No. 1025-3. City Manager, Bill Eisen, gave an overview regarding the necessity of adding three new employees to the Accounting and Collecting Department. Further discussion ensued between Council and Director of Finance, Jim Causey, regarding the need for additional personnel. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. 2002-60- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE MCHARD ROAD WATER MAIN PROJECT. Mr. Joe Wertz, Jr., Project Director. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2002-60. City Manager, Bill Eisen, stated this is for the award of a contract for the construction of the McHard Road extension. Brief discussion ensued between Council and Staff regarding the award of this contract. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Page 16 of 18 — 4/8/2002 Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: 027 Council adjourned into Executive Session under Texas Government Code at 9:45 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 — PERSONNEL MATTERS - ANNUAL EVALUATION OF THE CITY MANAGER. City Council. 2. SECTION 551.074 - PERSONNEL MATTERS - REGARDING APPOINTMENTS OR REAPPOINTMENTS TO THE PLANNING AND ZONING COMMISSION. Mr. Bill Eisen, City Manager. 3. SECTION 551.072 — DISCUSSION WITH CITY ATTORNEY — REGARDING THE ACQUISITION OF LAND (SERVICE CENTER). City Council. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:32 p.m. COUNCIL ACTION - REGARDING THE ANNUAL EVALUATION OF THE CITY MANAGER. City Council. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to raise the City Manager's salary by 5%, effective May 1, 2002. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - REGARDING APPOINTMENTS OR REAPPOINTMENTS TO THE PLANNING AND ZONING COMMISSION. Mr. Bill Eisen, City Manager. No Council action taken. COUNCIL ACTION — DIRECTION TO STAFF REGARDING THE ACQUISITION OF Page 17 of 18 — 4/8/2002 028 LAND (SERVICE CENTER). City Council. Councilmember Tetens made the motion, seconded by Councilmember Wilkins, to authorize Staff to proceed with the purchase of property located along Orange Road for use as a Service Center, as directed in Executive Session. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. ADJOURNMENT Meeting was adjourned at 11:35 p.m. Minutes approved as submitted and/or corrected this the 22 day of April 2002. Reid Mayor -- ATTEST: Page 18 of 18 — 4/8/2002