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2002-08-12 CITY COUNCIL REGULAR MEETING MINUTESMINUTES - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 12, 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 Woody Owens Richard Tetens Charles Viktorin Larry Marcott 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; Fire Chief Paul Jamison; City Engineer John Hargrove; Interim Director of Finance Cindy Soto; Parks and Recreation Director Ed Hersh; Public Works Director Jerry Burns; Assistant City Attorney Nghiem Doan; and Administrative Analyst Chris Kidwell. The invocation was given by Councilmember Tetens and the Pledge of Allegiance was led by Councilmember Viktorin. MAYOR'S ACTIVITY REPORT Mayor Reid and Parks and Recreation Director Ed Hersh presented a proclamation to Maestro Sam Matzas, Conductor Emeritus of the Pearland Community Band, to proclaim August 12, 2002, "Sam Matzas Day". Parks and Recreation Director Ed Hersh also presented a plaque in appreciation for leadership by promoting the musical arts in Pearland, to Mr. Matzas as Founding Director Conductor of Pearland Community Band 1996-2002. Mr. Matzas thanked City Council, Mayor Reid, and Ed Hersh for honoring him. Mayor Reid reported on July 31 he attended a meeting of the Gulf Coast Water Authority Planning and Development Committee; August 1 attended a Ribbon Cutting for Killen's Restaurant, and attended a Joint Meeting with Pearland Independent School District Trustees; August 2 attended a luncheon with Fort Bend County Commissioners Court; August 5 attended a Council agenda meeting, participated in an interview of a candidate for Chamber of Commerce President, an Industry of the Year Committee Meeting, a Pearland Economic Development Corporation Board Meeting, and a Council Workshop; August 6 attended an AARP Monthly Meeting, and the National Night Out; Page 1 of 16 — 8/12/2002 August 7 attended a New School Teacher Reception; August 8 attended a ribbon cutting for LP Nails, and the dedication of Pine Hollow Park. COUNCIL ACTIVITY REPORTS No reports given. CITY MANAGER'S REPORT City Manager, Bill Eisen, reported the last concert of the summer concert series will be tomorrow night in front of City Hall and the City's pool will be closing soon with Labor Day being the last day it will be open. CITIZENS Melissa Waters, 4508 Stonebridge, addressed Council and stated she is concerned that there are no sidewalks from her neighborhood to the new school and is also concerned about the children's safety who have to walk to school. She further stated she would like to present a petition "to get sidewalks going down both Veterans and McLean Road for the new school or bus transportation." James Birdsong, 3705 Pine Tree Drive, addressed Council and stated last Thursday there was a ribbon cutting for Pine Hollow Park. He further stated that he would like to present Parks and Recreation Director Ed Hersh with a thank you note signed by the residents of Pine Hollow for being instrumental in getting Pine Hollow Park opened. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the July 8, 2002, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the July 15, 2002, Special Meeting held at 7:00 p.m. 3. Minutes of the July 15, 2002, Special Meeting held at 9:00 p.m. 4. Minutes of the July 22, 2002, Regular Council Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — EXCUSE ABSENCE OF COUNCILMEMBER RICHARD TETENS FROM THE REGULAR MEETING HELD ON JULY 22, 2002. City Council. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-585 — AN ORDINANCE OF THE CITY Page 2 of 16 — 8/12/2002 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 73.328 ACRES CONSISTING OF .THREE TRACTS: TRACT I: BEING LOTS 9A AND 12A, OUT OF SECTION 12, H. T. & B. R.R. COMPANY, SURVEY, A-508, BRAZORIA COUNTY, TEXAS; -TRACT II: BEING 10.208 ACRES IN -THE A.C.H. & B. SURVEY, SECTION 2, A-507, BRAZORIA COUNTY, TEXAS, BEING ALL OF LOTS A & F, L.W. MURDOCK SUBDIVISION AS RECORDED IN VOLUME 29, PAGE 174, DEED RECORDS OF BRAZORIA COUNTY, TEXAS, AND BEING PART OF THE LAND CONVEYED BY THOMAS F. ALEXANDER TO JOHN ALEXANDER, TRUSTEE, BY DEED DATED MAY 20, 1960, AND RECORDED IN VOLUME 767, PAGE 299, AMONG THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS; AND TRACT III: 23.12 ACRES, BEING LOT 9, SECTION 12, H. T. & B. R.R. CO. SURVEY, A-508, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1035) (VETERANS ROAD) FROM CLASSIFICATION HEAVY INDUSTRIAL DISTRICT (M-2) AND COMMERCIAL DISTRICT (C) TO SINGLE FAMILY DISTRICT PLANNED UNIT DEVELOPMENT (R-2 PUD) AT THE REQUEST OF JAMES CORNELIUS OF SOWELL & COMPANY, AGENT FOR THREE G INVESTMENTS, 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. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-596 — 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 TRACT OF LAND OUT OF A 31.606 ACRE TRACT OF THE H. T. & B. R.R. COMPANY SURVEY, SECTION 11, A-239, BRAZORIA COUNTY, TEXAS (SPECIFIC USE APPLICATION NO. 110) (4604 WALNUT) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) TO SINGLE FAMILY DWELLING DISTRICT - SPECIFIC USE (R -2(S)) FOR A DAY CARE AND IS REQUIRED TO INSTALL A FENCE AROUND ALL OF THE PLAY AREA AND HAVE AN ALL WEATHER PAVED SURFACE IN ACCORDANCE WITH THE CITY CODES AT THE REQUEST OF DONNA MOORE, AGENT FOR DON AND JANELL MOORE, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS Page 3 of 16 — 8/12/2002 RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-597 — AN ORDINANCE. OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING LOT 11, ROBIN COVE SUBDIVISION, SECTION 2, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 19, PAGES 185-186, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1049) (7105 ROBIN MEADOW) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R1) AT THE REQUEST OF EVERETT AND LIZ ALLEY, 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. 509-598 — 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 8.750 ACRES, BEING TRACTS 17A, 17B AND 18, 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 THEREOF RECORDED IN VOLUME 2, PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1044) (8210 BROOKSIDE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF BEATRICE LEJSAL, 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. G. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-599 — 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 Page 4 of 16 — 8/12/2002 CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING .6190 ACRES, BEING THE EAST 135.66' OF TRACT 66, HAHL'S FIGLAND ORCHARD SUBDIVISION, AS RECORDED IN VOLUME 3, PAGE 77, BRAZORIA COUNTY PLAT. RECORDS, BRAZORIA . COUNTY, TEXAS (APPLICATION NO. 1045) (5920 FITE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO- ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF JESUS M. VASQUEZ, 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. 509-600 — 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 8.11 ACRES OF LAND, BEING PART OF LOT 46, ALLISON RICHEY GULF COAST HOME COMPANY'S SUBDIVISION, SECTION 80, H. T. & B. R.R. COMPANY SURVEY, A-564, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGE 98, PLAT .RECORDS OF BRAZORIA COUNTY, TEXAS(APPLICATION NO. 1048)(2657 CR 59) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF JOSE M. AND SANDRA R. MARTINEZ, 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. I. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE ST. HELEN CATHOLIC CHURCH PARADE. Mr. J.C. Doyle, Chief of Police. Councilmember Marcott asked that Consent Agenda Item C be removed from the Consent Agenda for further discussion. Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to adopt Consent Agenda Items A through I, with the exception of item C, as presented on the Consent Agenda. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Page 5 of 16 — 8/12/2002 Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA Councilmember Marcott asked that Consent Agenda Item C be removed from the Consent Agenda for further discussion. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-585 — 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 73.328 ACRES CONSISTING OF THREE TRACTS: TRACT I: BEING LOTS 9A AND 12A, OUT OF SECTION 12, H. T. & B. R.R. COMPANY, SURVEY, A-508, BRAZORIA COUNTY, TEXAS; TRACT II: BEING 10.208 ACRES IN THE A.C.H. & B. SURVEY, SECTION 2, A-507, BRAZORIA COUNTY, TEXAS, BEING ALL OF LOTS A & F, L.W. MURDOCK SUBDIVISION AS RECORDED IN VOLUME 29, PAGE 174, DEED RECORDS OF BRAZORIA COUNTY, TEXAS, AND BEING PART OF THE LAND CONVEYED BY THOMAS F. ALEXANDER TO JOHN ALEXANDER, TRUSTEE, BY DEED DATED MAY 20, 1960, AND RECORDED IN VOLUME 767, PAGE 299, AMONG THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS; AND TRACT III: 23.12 ACRES, BEING LOT 9, SECTION 12, H. T. & B. R.R. CO. SURVEY, A-508, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1035) (VETERANS ROAD) FROM CLASSIFICATION HEAVY INDUSTRIAL DISTRICT (M-2) AND COMMERCIAL DISTRICT (C) TO SINGLE FAMILY DISTRICT PLANNED UNIT DEVELOPMENT (R-2 PUD) AT THE REQUEST OF JAMES CORNELIUS OF SOWELL & COMPANY, AGENT FOR THREE G INVESTMENTS, 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 Tetens made the motion, seconded by Councilmember Marcott, to approve Ordinance No. 509-585 (Application No. 1035) on its second and final reading. Councilmember Tetens stated he does not approve of this item and feels that the density is too high. Page 6 of 16 — 8/12/2002 Councilmember Marcott stated he has voiced his opposition to this item since the beginning and will vote against it. Voting "Aye" Councilmembers Viktorin, Owens, and Seeger. Voting "No" Councilmember Tetens and Marcott. Motion Passed 3 to 2. NEW BUSINESS COUNCIL ACTION — REGARDING THE RATIFICATION OF STAFF'S INTERPRETATION OF SECTION 22.6 BUILDING FACADES, OF THE LAND USE AND URBAN DEVELOPMENT ORDINANCE. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Viktorin made the motion, seconded by Councilmember Owens, to support Staff's interpretation of Section 22.6 Building Facades of the Land Use and Urban Development Ordinance. City Manager, Bill Eisen, stated that Staff is looking for a better understanding of Council's interpretation of a section of the zoning ordinance. The particular part of the ordinance that needs clarification is the requirement of any wall or portion of a wall that is visible from the roadway, should be 100% masonry or glass. Staff's interpretation of that would be that it is visible from the roadway on which the property fronts. It could be interpreted to mean that it is visible from any roadway. Staff would like to better understand Council's intent with the wording of this ordinance to make sure that Staff is interpreting as Council intended and if not, then do some adjustment and clarify the wording. Brief discussion ensued between Council and Staff regarding Section 22.6 of this ordinance. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. SECOND AND FINAL READING OF ORDINANCE NO. 509-595 — 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 Page 7 of 16 8/12/2002 CLASSIFICATION OF CERTAIN REAL PROPERTY AND GRANTING A SPECIFIC USE PERMIT FOR MINI -WAREHOUSE STORAGE AND IS REQUIRED TO INSTALL A MASONRY FENCE AROUND THE PERIMETER OF THE PROPERTY AND NO OUTSIDE STORAGE CAN BE VISIBLE FROM ANY SURROUNDING AREAS ON THE FOLLOWING PROPERTY, BEING 8.2126 ACRES, BEING TRACT A, OUT OF 17.3151. ACRES IN THE H. T. & B. R.R. COMPANY SURVEY, SECTION 11, A-239, BRAZORIA COUNTY, TEXAS - (SPECIFIC USE NO. 109) (4181 MAGNOLIA STREET) FROM CLASSIFICATION LIGHT INDUSTRIAL DISTRICT (M-1) TO LIGHT INDUSTRIAL - SPECIFIC USE (M -1(S)) AT THE REQUEST OF MANCEL C. BEAM, 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 Owens made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-595 (Specific Use No. 109) on its second and final reading and remove the requirement of a masonry fence. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve with stipulations Specific Use No. 109. City Manager, Bill Eisen, stated this was originally submitted to allow for boat and RV storage, which requires a Specific Use Permit. Clayton Dykes, 3205 Main, addressed Council and stated he is a general contractor working with the proposed zone change property owner, Mancel Beam. He further stated he is in favor of the zone change and gave details regarding the proposed use of the property. Lengthy discussion ensued between Council and Mr. Dykes regarding the requirements for zone change approval. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2002-121 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT A PROPOSAL TO THE BRAZORIA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR EXTENSION OF THE CITY'S SANITARY SEWER SYSTEM TO THE RESIDENTS ON Page 8 of 16 — 8/12/2002 SHARONDALE STREET; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL DOCUMENTS ASSOCIATED WITH THE PROJECT; AND ALLOCATING FROM THE CITY'S UTILITY FUND, THE CITY'S COSTS ASSOCIATED WITH THE PROJECT. Mr. Chris Kidwell, Administrative Analyst. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Owens, to approve Resolution -No. R2002-121. City Manager, Bill Eisen, stated the City has received notification from Brazoria County that the City will receive $200,000 in Community Development Block Grant Funds. Those funds have to be used to benefit low to moderate income persons within the community. The project Staff proposes is to provide sanitary sewer services to residents on Sharondale Street, which would provide a benefit to 22 homes in that area. The total estimated cost for the project would be $281,000, including construction and engineering costs. The remainder, above the Community Development Block Grant allocation, would have to be funded from the Water and Sewer fund. The Sharondale area was chosen since it met the requirements. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0 COUNCIL ACTION — RESOLUTION NO. R2002-117 - 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 FOR THE CONSTRUCTION, IMPROVEMENT, MAINTENANCE, AND REPAIR OF DESIGNATED STREETS OR ALLEYS WITHIN THE CITY OF PEARLAND. Mr. Darrin Coker, City Attorney. Councilmember Seeger made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2002-117. City Manager, Bill Eisen, stated for a number of years the City has had an agreement with Brazoria County where the County supplies equipment and personnel to overlay streets in the City. This resolution would be a continuation of that program for another year. The arrangement would be that the City would furnish the materials and flag personnel. Discussion took place between Council and Staff regarding the proposed agreement with Brazoria County. Page 9 of 16 — 8/12/2002 Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion. Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO.1072 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF LANDSCAPING IMPROVEMENTS AND A GAZEBO INTO THE CITY'S RIGHTS -OF WAY OF MAGNOLIA ESTATES BOULEVARD IN THE CITY OF PEARLAND. Mr. Darrin Coker, City Attorney. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to table Ordinance No. 1072 on its first and only reading pending the City receiving better pictures regarding the encroachment of landscaping improvements and a gazebo. City Manager, Bill Eisen, stated the developer of Magnolia Estates proposes to make entryway enhancements to the subdivision, including a gazebo within the City median. Since it is an improvement in the City's right-of-way and an obstruction in the right-of- way, there is a standard agreement that the City requires developers to sign and requires approval of City Council. Councilmember Marcott asked for better pictures for the Council before this item is further considered. City Attorney, Darrin Coker, stated he had asked Mr. Evans prior to the meeting for better picture for Council to review. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — REGARDING CITY COUNCIL AND STAFF APPOINTMENTS TO THE PROPOSED TASK FORCE CHARGED WITH REVIEWING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE. Mr. Tobin Maples, Executive Director of Community Services. Page 10 of 16 — 8/12/2002 Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Owens, to appoint Mayor Reid, Councilmember Richard Tetens, Planning and Zoning Commission Chairman Todd locco, Executive Director of Community Services Tobin Maples, and Planner 1 Theresa Grahmann to serve on the Task Force charged with reviewing the Land Use and Urban Development Ordinance. City Manager, Bill Eisen; stated this- item came about as a discussion on the part of the City Council after a zoning case was considered at a previous meeting. The Council's feeling at that point was to look now, rather than waiting until the Land Use Plan is updated, at splitting the Commercial (C) District into two different categories. This item is to appoint a committee to look at this issue and ways that the Commercial (C) District could be split out into two separate districts. It was suggested by Council to appoint two members of City Staff, two members of City Council, and someone from the Planning and Zoning Commission to serve on this committee. He further stated his recommendation for Staff appointment is Executive Director of Community Services Tobin Maples, and Planner 1 Theresa Grahmann. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2002-127 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE, IN CONJUNCTION WITH THE CITY OF FRIENDSWOOD, BRAZORIA DRAINAGE DISTRICT NO. 4 AND THE GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT, TO ENTER INTO A CONTRACT WITH TERRAPOINT FOR ENGINEERING _ SERVICES ASSOCIATED WITH THE PRODUCTION OF COMPUTER SIMULATED DATA FOR THE CLEAR CREEK WATER SHED. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Owens made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2002-127. City Manager, Bill Eisen, stated that a coalition of upstream entities in Clear Creek has been formed, which consists of the Cities of Pearland and Friendswood, Brazoria Drainage District No. 4, and Galveston County Consolidated Drainage District. These entities have been working together to advocate for improvements to be made to Clear Creek. One of the things being discussed are ways to develop public relations methods that would explain to people how critical the flooding issue is, caused by Clear Creek, and the failure of the Clear Creek improvements downstream to be made. One of the Page 11 of 16 — 8/12/2002 things being recommended by the coalition is the development of the ability to do flood simulations showing what actually happens in a 50 or 100 -year storm. Discussion ensued between Council regarding the proposed contract with Terrapoint. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1073 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A RELEASE AND EXCHANGE OF EASEMENTS TO ACCOMPLISH THE REALIGNMENT OF RIGHT-OF-WAY AT THE INTERSECTION OF FM 518 AND SUNRISE MEADOW DRIVE. Mr. Alan Mueller, Deputy City Manager. Councilmember Marcott made the motion, seconded by mayor Pro -Tem Owens, to approve Ordinance No. 1073 on its first reading. City Manager, Bill Eisen, stated an expansion of the existing Sunrise Lakes subdivision includes a specific plan to extend a street, Sunrise Meadow Drive, to connect to FM 518. Due to limitations and restraints on where Sunrise Meadow Drive can connect with FM 518, there is a drainage ditch in that immediate area, Sunrise Meadow Drive would have a slight jog from an existing street on the south side of FM 518 called Ower Drive. This action would authorize the realignment of Ower Drive so that it would exactly match up on the south side with Sunrise Meadow Drive immediately to the north. Brief discussion ensued between Council regarding the proposed release and exchange of easements. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2002-118 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR DEMOLITION SERVICES ASSOCIATED WITH THE FEMA BUY-OUT PROGRAM. Mr. Gordon Island, Purchasing Officer. Page 12 of 16 — 8/12/2002 Councilmember Seeger made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2002-118. City Manager, Bill Eisen, stated this is the seventh in a series of these contracts. The first two phases of these contracts did not specifically include in the specifications a requirement to fill low-lying areas once the work was complete. The filling of those low- lying areas in Phase 1 and 2 has been included in the scope of work on these projects. Additional discussion ensued between Council and City Manager regarding this bid for demolition services. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2002-125 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON-GALVESTON AREA COUNCIL (HGAC) FOR THE PURCHASE OF ROLLING STOCK VEHICLES. Mr. Gordon Island, Purchasing Officer. Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to approve Resolution No. R2002-125. City Manager, Bill Eisen, stated funding comes from two different sources with one being the last of the short-term notes that were sold in the current year to finance rolling stock. This would complete the expenditure of those funds. The additional personnel that Council authorized earlier this year for inspection of infrastructure in the community and the funding sources from that would be the same as the funding sources for those personnel. This would be a combination of two things. Half of the funding for those four vehicles and four new people would come from the bond funds and the Certificates of Obligation Funds for which inspections would be done on those projects. The remainder would come from the funding being generated by the new inspection fee for all infrastructure inspections within the community. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. Page 13 of 16 — 8/12/2002 COUNCIL ACTION — RESOLUTION NO. R2002-112 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE CHANGE ORDER NO. 2 ASSOCIATED WITH CONSTRUCTION OF THE SOUTHWEST ENVIRONMENTAL DETENTION BASIN AND CONTROL STRUCTURE. Mr. Bill Eisen, City Manager. Councilmember Viktorin made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2002-112. City Manager, Bill Eisen, stated the original interlocal agreement the City had with Brazoria County Drainage District No. 4, regarding the construction at Southwest Environmental Center, assumed that certain installations of pipe and inlets would be made. Since then the District has indicated that it would be difficult for them to do that because they do not have the personnel or equipment to do that specific kind of work. This resolution is for a change order that would include a provision that the District would fund the cost of making those specific improvements. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to 0. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2002-126 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN AMENDMENT TO A FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION ASSOCIATED WITH THE MYKAWA ROAD AND BRIDGE PROJECT. Mr. Bill Eisen, City Manager. Passed with no Council action taken. CONSIDERATION AND POSSIBLE ACTION — THE SETTING OF A PUBLIQ HEARING ON AUGUST 26, 2002, AT 7:15 P.M. REGARDING A PROPOSAL TO INCREASE TOTAL TAX REVENUES FROM PROPERTIES ON THE TAX ROLL IN 2002 BY 7.7 PERCENT. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Owens made the motion, seconded by Councilmember Marcott, to set a Public Hearing on August 26, 2002, regarding a proposal to increase total tax revenues by 6.22 percent. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Page 14 of 16 — 8/12/2002 Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2002-128 - 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 CENTURY ENGINEERING FOR ENGINEERING SERVICES ASSOCIATED WITH THE PINE HOLLOW DRAINAGE STUDY. Mr. Alan Mueller, Deputy City Manager. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2002-128. City Manager, Bill Eisen, gave an overview of the need for this study in Pine Hollow Subdivision. James Birdsong, 3705 Pine Tree Drive, addressed Council and stated he would like for Council to approve this drainage study to help alleviate the flooding problem in his neighborhood. Discussion took place between Council and Staff regarding the specifics and the necessity of this study. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 10:37 p.m; to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.072 — CONSULTATION WITH ATTORNEY: REGARDING THE ACQUISITION OF LAND ALONG CLEAR CREEK.. Mr. Darrin Coker, City Attorney, Page 15 of 16 — 8/12/2002 NEW BUSINESS (CONTINUED): Council returned from Executive Session at 10:50 p.m. COUNCIL ACTION —.REGARDING THE ACQUISITION OF LAND ALONG CLEAR CREEK. City Council. Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to authorize Staff to pursue the acquisition of property along Clear Creek. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to 0. ADJOURNMENT Meeting was adjourned at 10:51 p.m. Minutes approved as submitted and/or corrected this the 26th day of Au ust , 2002. Tom Reid Mayor ATTEST: Page 16 of 16 — 8/12/2002