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2002-10-28 CITY COUNCIL REGULAR MEETING MINUTESJJ MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF a PEARLAND, TEXAS, HELD ON OCTOBER 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 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; Executive Director of Economic Development Corporation Fred Welch; J.C. Doyle Chief of Police; City Engineer John Hargrove; Public Affairs Liaison Lynn Munford; Public Works Director Jerry Burns; Deputy City Attorney Nghiem Doan; Project Manager Allen Hague; Planner 1 Theresa Grahmann. The invocation was given by Rev. Casey Jones, 1St Presbyterian Church and the Pledge of Allegiance was led by J.C. Doyle, Chief of Police. MAYOR'S ACTIVITY REPORT Mayor Reid presented a proclamation to Keep Pearland Beautiful Executive Director Delores Fenwick and Board Members Neil West, Helen Beckman, Jerry Burns, and Councilmember Marcott proclaiming November 2, 2002 as "Keep Pearland Beautiful Day" Helen Beckman also announced this is the ninth year the City has had the Tour-De- Lites bicycle ride through Green Tee to look at Christmas decorations will be on Saturday, December 14, 2002. This is an annual fund raising event benefiting Hike and Bike Trails in Pearland. Mayor Reid reported on October 14 he attended Houston Galveston Area Councils Board of Directors Meeting; October 20 attended the Ground Breaking at the Hindu Temple; October 21 attended an Agenda Meeting and conducted a City Council Workshop; October 23 attended Galveston Bay Estuary Association Awards Luncheon and also conducted a Public Hearing; October 24 attended the Chamber of Commerce Page 1 of 14 —10/28/2002 99i Luncheon and conducted a Public Hearing and on October 25 attended the Transportation Policy Committee Board of Directors Meeting. COUNCIL ACTIVITY REPORTS Council passed on giving their activity reports. CITY MANAGER'S REPORT City Manager passed on giving a report. CITIZENS Cathy Eddy, 2824 Piper Road, addressed Council and stated she is concerned with the flooding on her street, and it is a chronic problem. She further stated that she would like to see some action. Her house was flooded five times last year and twice this year, and it is getting worse. The yards and homes in her neighborhood stay flooded longer than Corrigan. When they complain the City cleans the ditches. Some neighbors are building dikes around their homes. Ms. Eddy furthered stated when she inquired into the possibility of a buy-out they were told they are not eligible, because they are not in a flood way,'' flood zone, or flood plain. In closing she asked for some consideration with some of the flood money. Melissa D. Waters, 4508 Stonebridge, addressed Council and stated she is here to find out the status of sidewalks leading to Pearland Jr. High South and the Pearland Ninth Grade Campus. Ryan Hayes, 4508 Stonebridge, addressed Council and asked if anything is going to happen because it has happened more times than it did last time. He has been run off the road while walking to school too many times. Mr. Hays further reported that cars have tried to hit him. On one occasion he fell into the ditch and the individuals living in the new subdivision has had to help him out the ditch Alex MacKinnon, 9914 Camelots Court, addressed Council and stated he is here to address his property at 2491 Miller Ranch Road. He has an old mobile home on the property and he is trying to replace it with one better than the old one. He is having trouble doing that. His goal is to keep the mobile home there for four years and then retire take it with him and vacate the property. Mr. MacKinnon was told that he could replace it. The property has been vacant about three weeks and they have missed the Grandfather clause by about two years. Mayor Reid asked City Manager, Bill Eisen to have a member of Staff to get in contact with Mr. MacKinnon. Page 2 of 14 —10/28/2002 097 Maryln Ferranti, 5304 Carmona, addressed Council and stated she was here last year after the Allison Flood and discussed the problems they have in Corrigan. Every time she calls the City to have someone look at the City sewers she watches the City trucks drive by and look in the ditches. One supervisor came by had the sewer cleaned out. Ms. Ferranti says the City has the money to help fix the problem and now it is time to get Corrigan fixed. In closing she stated if the problem is not going to get fixed buy-out all the homes in Corrigan. DOCKETED PUBLIC HEARING: None Mayor Reid with concurrence of Council, moved to New Business Item No. 2 and 2A. COUNCIL ACTION — REMOVE FROM TABLE RESOLUTION NO. R2002-140. City Council. Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to remove from table Resolution No. R2002-140. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2002-140 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #4 SUPPLEMENT #3 FOR ENGINEERING SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM (CORRIGAN DITCH PROJECT). Mr. Bill Eisen, City Manager. Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to approve Resolution No. R2002-140. City Manager, Bill Eisen, stated there are a number of people here to speak on this issue and he will keep it brief. For the past several months City Council, Staff and Consulting Engineers have been looking at alternative methods of dealing with the flooding situation in the South Corrigan Subdivision. Some sixteen alternatives have been looked at. A matrix was developed comparing the alternatives based on cost and the number of home relocations that would be involved as well as the number of properties that would be impacted. For each of those alternatives, the Council has preferred Alternative No. 4, and it has been designated the technically preferred alternative because it is most favorable in light of the established criteria. The purpose Page 3 of 14 —10/28/2002 .0�8 of the issue that the Council is considering at this time is to select one of those alternatives for final design, so the improvements can move forward. Mayor Reid stated there are a number of Citizens in the audience that would like to speak. He asked the speakers to focus their comments on the issue and realize there is close to twenty-five people that would like to comment. Corina Solorzano, 2914 Hatfield Rd., addressed Council and stated that she is concerned regarding the drainage ditch for Corrigan and is opposed to the drainage ditch. She further stated residents in Hatfield have to put their families at risk for Corrigan. Many alternatives have been offered to the Corrigan residents, including FEMA buyouts. Ms. Solorzano also stated she is speaking on behalf of her family and friends that are at risk of losing their homes on Hatfield. In closing she further stated on September 9th they were told it would be a Win -Win situation. Randy Bell, 3222 Hatfield Rd., addressed Council and stated that at the last meeting he gave the Mayor pictures of Mary's Creek. He resides on the West side of Hatfield and the ditch would be placed 6 feet from the back of his home. His concern is Mary's Creek water drainage and its maintenance. Mr. Bell stated he does not understand why the City cannot go into Corrigan and put larger culverts, more retention ponds on the vacant lots, and fix Mary's Creek. Mr. Bell stated he is also speaking on behalf of his Grandfather and Grandmother, they also live on the property. His Grandparents have been citizens of Pearland for seventy-eight years and were born in Pearland. He referenced his pictures showing comparisons of Mary's Creek and the retention pond during the flooding of Corrigan. Art Ramos, 2930 Hatfield Rd., addressed Council and stated that he is part of the Hatfield Committee and wants to discuss the Corrigan Alternative Evaluation Matrix Spreadsheet. Mr. Ramos stated that the spreadsheets shows what has lead to the ten million dollars in cost being placed on the Corrigan Project. He stated that after analyzing the figures he discovered numerous gross errors and the dollar amounts in comparison to the excavation work on the new ponds have inconsistencies. Mr. Ramos discussed his spreadsheet with annotations of the inconsistencies of the planned work for Corrigan. In closing he stated that his home is in jeopardy. James Lollis, 3250 Hatfield Rd., addressed Council and stated that he wants the City not to do the cheapest project, but what is right. Mr. Lollis stated that the engineers showed H&H studies and Impact studies of the proposals. He further stated there has not been a study of the health effects that would take place with open sewers. He asked that the findings of Turner, Collie and Braden not be taken absolute. Mr. Lollis further stated that additional information should be given, including a second opinion, due to the permanent loss of the property being considered. In closing he asked that Page 4 of 14 —10/28/2002 090 other engineers, who will share their findings, be brought into research the Corrigan Project. Norma Burkett, 2922 Hatfield Rd., addressed Council and stated she is the owner of Burkett Storage Sheds. Ms. Burkett questioned the attendance of Mr. Seeger at the meetings in Corrigan. Mr. Seeger stated he is not a member of any committee in regards to Corrigan and has not attended any of those meetings. Jean M. Rader, 2626 O'Day Road, addressed Council and stated that she is very concerned, and she has delivered a letter to the City prepared on behalf of the Hatfield Road Committee. Ms. Rader asked that her letter is included as part of the City's records. She further stated that the Corrigan problem is a thirty-year old emergency and the residents of Hatfield did not create it. In closing, Ms. Rader also stated she was told on September 9th that this would be a Win -Win situation. Susan Pearce, 5704 Leggett Ln., addressed Council and stated her comments are in reference to earlier remarks made about FEMA buy-outs and there are certain criteria set by FEMA. Ms. Pearce stated there have been some improvements made to help the flooding. After Tropical Storm Allison a South Corrigan Flood Committee was formed and that the process is appreciated. Ms. Pearce also stated that in a previous meeting it was told that it would be a Win -Win situation for South Corrigan residents and Hatfield residents. In closing, she further stated that Option 1 and 1A would cause her to lose her home. Jim Arnold, 2904 Trinity Drive, addressed Council and stated that he has been in Corrigan since 1979. He stated the problem in Corrigan has been an ongoing problem and there is a lot of Media coverage in regards to the situation. He further stated that there are citizens in Corrigan who have acute health problems and need to go for treatment several times a week; the flooding causes them to use emergency measures in order to have treatments. Mr. Arnold closes by stating that he urges each of the Council Members to vote for moving forward on the Corrigan and Hatfield problem. Rubyn Mendez, 2914 Hatfield Rd., addressed Council and stated he is at the meeting to come to a Win -Win situation for the citizens of Corrigan and Hatfield. He further stated that a spreadsheet was done and an analysis. Mr. Mendez discussed his alternatives with another spreadsheet. During the discussion he addressed his questions in regards to the overall cost of the Corrigan Project. In closing Mr. Mendez stated that he wants a Win -Win situation for both sides. Bill Trigg, 3038 Hatfield Rd., addressed Council and stated that he has been a long time resident of Pearland since 1965. The original proposal for Corrigan should be taken into consideration. Mr. Trigg also stated he has his own water well and septic tank and the front of his resident floods a lot. In closing Mr. Trigg stated that the entire $25 Page 5 of 14 —10/28/2002 4 h W million should be spent and budgeted for Corrigan in order to fix the problem. Vivian Meyer, 3038 Hatfield Rd., addressed Council and stated the residents of Hatfield helped the residents of Corrigan during Tropical Storm Allison and she understands the problem. She wants to keep her property in tact and the Turner, Collie and Braden study shows more flooding could spread to different areas after the Corrigan Project is complete. Ms. Meyer closes by stating that she would like the matter to be tabled to allow further research. Joyce Davis, 5013 Groveton, addressed Council and stated her family has lived in Pearland for 23 years and would like assistance with the ongoing flooding in Corrigan. Martha Roberts, 14710 Hatfield Rd., addressed Council and stated that she is opposed to the project for Corrigan. She stated that the Turner, Collie and Braden study should be looked at more and that a long-term project for the sewage and drainage should be considered. Pat Smajstrla, 2401 Frances, addressed Council and stated she has lived in Pearland since 1963 and has seen a lot of changes and flooding during that time. She sympathizes with the residents who live in Corrigan, and there are other subdivisions that have those problems that have not been addressed. Ms. Smajstrla continues by discussing her study done in Mimosa Acres showing that all 9 houses in the 2400 block of Frances have flooded from 2 to 12 times since 1979. In closing she stated her subdivision should also be considered during this time. Jim Knudson, 5007 Groveton Lane, addressed Council and stated the flooding in Corrigan has been continuous for 30 years and he wants action taken to proceed with the project. Mr. Knudson closes by stating the media has covered Corrigan Nationwide and Pearland is the flood Capital of Texas. Jim Williams, 5204 Carmona Lane, addressed Council and stated that he and his family have lived in South Corrigan since January of 1979. They have flooded five times. He stated that a lot of homes in Corrigan are still trying to recover from last year flooding. In closing Mr. Williams stated he wants something done in Corrigan. Michael Klaus, 5016 Groveton, addressed Council and stated that he appreciates the turn out of Corrigan residents at this meeting. He wants something done about Corrigan's problem. He closes by stating the project for Corrigan should be started before the next hurricane season comes in around. Joseph J. Matula, 2804 Neches River, addressed Council and stated he has lived in Corrigan for the past 22 years and many options for Corrigan have been discussed. Mr. Matula stated that something should be done now about the flooding. Page 6 of 14 — 10/28/2002 Miguel F. Agular, 3134 Hatfield Rd., addressed Council and asked will the project for Corrigan really work. Mayor Reid stated that he appreciates the comments and exchange of ideals of the citizens. Councilmember Seeger stated after reviewing the information he is in support ,of Alternative No. 4. He further stated the project should continue, as it dictates and also a workshop for the consideration of new information given should take place in two weeks, verifying whether or not it may affect any data already processed. He further stated this project does not need to be held up anymore. Councilmember Marcott gave a brief overview of the Bond Election process and stated at that time the Council decided the priority in which projects would be funded with Bond proceeds. The top project was Corrigan. Councilmember Marcott stated the voters approved $22.5 million for drainage and that process started after the Bond Election last year. He further stated the process is very long and that the engineers have been working hard on the project. Councilmember Marcott also stated during the meeting on September 9th the Hatfield residents noted they wanted other studies done, those studies have taken place. He stated it is time to move forward with the information given and the Corrigan Project has his support. Mayor Pro -Tem Owens stated that the message received tonight does show that all the flooding problems in Pearland may not be solved. This year marks the 40 year anniversary of the Corps of Engineers studying Clear Creek. Mayor Pro -Tem Owens further stated the City's budget has been affected year after year and something needs to be done by the Federal Government. He also stated he has spoken with Senator Hutchinson's office and Congressman Delay's office in regards to making this an issue for the Federal Government. He also stated that FEMA buy-outs are not necessarily the best route to solving Corrigan's problems. Mayor Pro -Tem Owens stated that it is time to move forward and any money being spent will not solve the problem until the overall issue of Clear Creek is met. Mayor Reid stated that during the Public Hearings with the Corps of Engineers citizens should come and support the clean out of Clear Creek. He continues by stating that the citizens are going to have to help by stating their concerns at the next public hearing. Brief discussion ensued between Council regarding the Corps of Engineers and Clear Creek project. Councilmember Viktorin stated that this issue is a difficult situation. He stated he has reviewed the analysis done by Turner, Collie and Braden and is in support of Alternative NO. 4. Page 7 of 14 — 10/28/2002 10" Councilmember Tetens stated that he is also in support of Alternative No. 4 and it is probably the best plan with the least impact on citizens. City Manager, Bill Eisen, gave a brief overview of Alternative No. 4 which consist of improvements within the South Corrigan Subdivision including changes within the existing retention pond and also construction of a new bypass ditch. Craig Hester, Turner, Collie and Braden briefly gave additional details of Alternative No. 4. He also explained the pricing for box culverts, included in the alternatives. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called a brief recess at 9:05 p.m. Mayor Reid called the meeting back to order at 9:15 p.m. Mayor Reid, with concurrence of Council, moved back to the Consent Agenda Items and the remaining New Business Items. CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the October 7, 2002, Special Meeting held at 6:30 p.m. 2. Minutes of the October 14, 2002, Regular Council Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1081 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF RESIDENTIAL DWELLING INTO A UTILITY EASEMENT AND DRAINAGE EASEMENT OWNED BY THE CITY. Mr. Darrin Coker, City Attorney. C. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1082 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE AN EASEMENT FOR THE CONSTRUCTION OF WATER AND SEWER IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS Page 8 of 14 —10/28/2002 DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, CityAttomey. D. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1083 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE AN EASEMENT FOR THE CONSTRUCTION OF WATER AND SEWER IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. E. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1084 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE AN EASEMENT FOR THE CONSTRUCTION OF WATER AND SEWER IMPROVEMENTS ON .CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney F. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1085 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE AN EASEMENT FOR THE CONSTRUCTION OF WATER AND SEWER IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE Page 9 of 14 — 10/28/2002 i 0 4 NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney G. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1086 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE AN EASEMENT FOR THE CONSTRUCTION OF WATER AND SEWER IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney H. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1087 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE AN EASEMENT FOR THE CONSTRUCTION OF WATER AND SEWER IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney I. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 450-29 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 450 AS THE SAME MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, FOR THE PURPOSE OF ESTABLISHING AND REESTABLISHING CLASSIFICATIONS AND NUMBER OF AUTHORIZED POSITIONS IN THE CLASSIFIED SERVICE OF THE CITY OF PEARLAND, PURSUANT TO SECTION 143.021 OF THE LOCAL GOVERNMENT CODE OF THE STATE OF TEXAS; PROVIDING A Page 10 of 14 — 10/28/2002 105 SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A REPEALER CLAUSE, AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO UPDATE THE NUMBER OF AUTHORIZED POSITIONS IN THE CLASSIFIED SERVICE OF THE CITY AND UPDATE THE PAY CLASSIFICATION PLAN FOR CIVIL SERVICE EMPLOYEES INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Chris Doyle, Chief of Police. Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to adopt Consent Agenda Items A through I, as presented on the Consent Agenda. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA: None I-- NEW BUSINESS COUNCIL ACTION — REMOVE FROM TABLE RESOLUTION NO. R2002-162. City Council. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to remove from table Resolution No. R2002-162. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2002-162 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH HBC ENGINEERING FOR CONSTRUCTION MATERIALS TESTING ASSOCIATED WITH THE WEST LEA WATER/SEWER AND ROAD OVERLAY PROJECT. Mr. Bill Eisen, City Manager. Page 11 of 14 — 10/28/2002 106 Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to approve Resolution No. R2002-162. City Manager, Bill Eisen, stated this concerns had come up in regard to agreement, and that there would be a that time was a misunderstanding with construction project would be started. changed from the last meeting. item was tabled at the last meeting. Some the number of days shown in the proposed technician on the site. What had happened at regard to the number of days under which the As a result the agreement itself has not been Deputy City Manager, Alan Mueller, reported the time in the contract is based on a 300 day construction contract assuming a technician would be on site everyday. The contract was changed from reimbursable to lump sum. In the event the technicians were not needed as much as expected. Discussion ensued between Council and Staff regarding the contract and the project. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2002-171 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #1 SUPPLEMENT #5 FOR ENGINEERING SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM (CORRIGAN DITCH PROJECT EVALUATION). Mr. Bill Eisen, City Manager. Mayor Pro -Tem Owens made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2002-171. Cecil Johnson, addressed Council and stated he signed up for the wrong agenda item. He meant to sign up for Resolution No. R2002-140. However, he thanked Council for their assistance on moving forward to get the residents of Corrigan some help with the drainage issues. City Manager, Bill Eisen, stated due to some issues and concerns that were raised regarding the alternative for the Corrigan Ditch Project that was approved earlier this evening, a number of other alternatives were reviewed. It took a lot of engineering time to do the analysis that was done by Turner, Collie and Braden in order to complete the evaluation of the alternatives. In doing so, the alternatives were completed in a very timely manner so the Council was able to consider this action rather than having to wait Page 12 of 14 —10/28/2002 1n"7 until a future date. This work authorization is for the cost to Turner, Collie and Braden for the evaluation of the additional fourteen alternatives. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF. ORDINANCE NO. 633-1 - 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, TO REGULATE THE MAINTENANCE OF SWIMMING POOLS AND TO TIGHTEN THE RESTRICTIONS ON WEEDS; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION AND CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE HEALTH AND SANITATION INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 633-1 on its first and only reading. City Manager, Bill Eisen, stated this action proposes two changes in the City's Health and Sanitation Codes. One relates to high grass and weeds. Currently there is no differentiation between high grass and weeds. This proposed amendment adjust the 24" requirement in height to 12" in height before someone is in violation in and adjacent to populated areas. There are also some provisions regarding maintenance responsibilities for swimming pools. Executive Director of Community Services, Tobin Maples, reported that recently the City has had some problems with properties that have been abandoned and some properties that are still occupied with lack of maintenance for swimming pools. With the West Nile virus the City has received a lot of complaints concerning mosquitoes. After reviewing the City's codes, there is nothing in the Code that will allow the enforcement of the health issue facilitated by not maintaining swimming pools. This amendment will give the City some authority to make sure those properties are maintained. Brief discussion ensued between Council and Staff regarding the proposed amendments to the Health and Safety Code regarding high weeds and the maintenance -- of swimming pools. Page 13 of 14 —10/28/2002 m Councilmember Marcott expressed his concern regarding trees that have been trimmed or cut down and left in piles. He cited one location is between Galveston and Burger King on FM 518, another one is on Cullen Road, and also on Dixie Farm Road. The piles are left there and nothing happens. All of these piles become a haven for rodents and snakes as well as being a fire hazard. Councilmember Marcott stated if the City does not have an ordinance to regulate the accumulation of old trees and brush the City should create one. City Attorney Darrin Coker and Executive Director of Community Services Tobin Maples stated they will check into this matter. Mr. Maples stated that if there is something regulating this situation a Code Enforcement Officer will be sent out to the mentioned locations. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: NONE ADJOURNMENT Meeting was adjourned at 9:35 p.m. Minutes approved as submitted and/or corrected this the 11th day of November , 2002. Tom Reid Mayor ATTEST: Page 14 of 14 — 10/28/2002