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2002-11-25 CITY COUNCIL REGULAR MEETING MINUTES143 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 25, 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 City Manager City Attorney City Secretary Tom Reid Woody Owens Richard Tetens Charles Viktorin Larry Marcott 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; John Hargrove City Engineer; Public Affairs Liaison Lynn Munford; Parks & Recreation Director Ed Hersh; Public Works Director Jerry Burns; Purchasing Officer Gordon Island. The invocation was given by Councilmember Viktorin and the Pledge of Allegiance was led by J.C. Doyle, Chief of Police. MAYOR'S ACTIVITY REPORT Mayor Reid reported on November 11 he attended a Veterans Day Address of City Hall and a Council meeting. November 13 attended the Exchange Club Breakfast, an Adult Reading Board of Directors meeting and the PEDC Annual Retreat; November 14 attended a Ribbon Cutting— Affordable Homes, the Brazoria County Partnership Annual Meeting and Awards Banquet, and a Joint Public Hearing with the Council and School Board; November 15 presented the City's CORE Beliefs, November 18 attended an Agenda meeting, a meeting with Bay Area Transportation Partnership, and a Council Public Hearing; November 19 attended HGAC Board of Directors meeting, Pearland State Bank Open House, and Texas Water Utilities Association Annual Meeting; November 20 attended the Chamber monthly luncheon and the Brazoria County Cities Association meeting; November 21 attended the City's Thanksgiving Dinner and Gulf Coast Water Authority Board of Directors meeting. November 23 attended a Scout Troop Court of Honor for Scout Troop 404. Mayor Reid recognized Robbie Gill, YMCA, and stated Mr. Gillassisted with a concern regarding a local church and its lease problems. Page 1 of 15 —11/25/2002 144 Mayor Reid stated, On behalf of the City Council of the City of Pearland, I commend the Pearland Police Department for bringing the tape of Judge Zepeda's actions to the attention of the State Commission on Judicial Conduct. We find Judge Zepeda's actions on the tape to be unacceptable and inappropriate. Judge Zepeda previously performed magistrate duties for county detainees, but he has been notified that.the City's municipal judges will now handle all magistrate duties at the Pearland Jail. Because Judge Zepeda is an elected official of Brazoria County and not a City employee, there is nothing further that the City of Pearland can do to address what has happened. This matter is now in the capable hands of the Commission on Judicial Conduct and the District Attorney of Brazoria County. City Attorney, Darrin Coker, addressed Council and stated the concerns of the citizens regarding the issues surrounding Judge Zepeda's actions. He gave a brief summary of the rally that took place in the neighborhood of Judge Zepeda. Mr. Coker stated the citizens questioned the legality of the rally and what could prohibit the rally from taking place. Mr. Coker researched the citizens concerns and questions. He stated there are Constitutional issues involved, the right to free speech and also the right to the peace and enjoyment of your own home. He addressed the City's Parade Ordinance and stated the events that took place in Wood Creek were not characterized as a parade. He further stated the people holding the March did not need a permit due to the definition .of the Parade Ordinance. Mr. Coker stated there are two court cases regarding the issue, one in the Texas Supreme Court and the other in the United States Supreme Court. They both deal with the issue involving citizens' rights regarding public protesting in neighborhoods. He stated the Supreme Court ruled a City could regulate by Ordinance a rally taking place in neighborhoods. He stated this Ordinance would reasonably regulate the time, place, and the manner in which a protest would occur. It was ruled that the rally could not be completely prohibited in residential areas, but it could be regulated. A protest that is designed for a specific residence could be prohibited by an ordinance. Mr. Coker further stated that since an Ordinance was not in place, the rally was not prohibited. He stated his recommendation is to complete an Ordinance to regulate any future protests in residential areas. Mayor Reid stated he appreciates and commends the staff for handling all the events surrounding Judge Zepeda's actions in a professional manner. Mayor Reid also expressed his concerns for moving forward and continuing as a beautiful community, making certain these issues are always recognized and handled in the appropriate manner. City Attorney, Darrin Coker, further explained the ruling regarding protesting in residential neighborhoods. He stated that a rally could not be targeted to a specific residence because it would be considered holding the resident captive. The rights of all are met and balanced as a result of that decision. Page 2 of 15 — 11/25/2002 COUNCIL ACTIVITY REPORTS Councilmember Tetens reported he attended the BCCA — Golf Crest Country Club. Councilmember Viktorin reported he attended the BCCA — Golf Crest Country Club. He gave a brief statement regarding the events surrounding Judge Zepeda's actions. He applauded the rally and appreciated the overall conduct of the citizens. He further stated that he did not agree with the location of the rally and he would support an Ordinance prohibiting residential protests in the future. Mayor Reid introduced Glenda Dawson, the new State Representative. Mayor Pro -Tem Owens gave a brief statement regarding the events surrounding Judge Zepeda's actions. Mr. Owens stated he is in support of an ordinance prohibiting residential protests in the future. He further stated all events involving protests and demonstrations should be submitted to the City Council for approval. Mr. Owens stated Council should review past ordinances and permits should be issued for protests, demonstrations, and marches. Councilmember Marcott stated he is in support of Councimember Owens' suggestions. He reported November 11 he attended the Association of Perioperaty Registered Nurses of Greater Houston and gave a Proclamation for Nurses' Week. Mayor Reid briefly discussed the Perioperative. Nurses of Houston and the meeting that took place on November 11. CITY MANAGER'S REPORT City Manager, Bill Eisen, reported he attended the Economic Development Corporation Board of Directors Planning Retreat. Mr. Eisen stated Pearland City Offices will be closed on November 27 and 28 due to the Holidays. Mr. Eisen commended the Police Chief, J.C. Doyle, and his department for doing a good job during the rally at Judge Zepeda's residence. CITIZENS Mark Landrum, 2307 Willow, addressed Council and stated he has been a resident of Pearland for thirty-eight years and graduated from Pearland High School in 1975. Mr. Landrum stated his concerns about licensing of commercial electrical workers. He stated the City ordinance shows in detail the regulations regarding commercial jobs. He further stated there are electrical jobs being done by non -licensed personnel and wanted to address this issue with Council. Mr. Landrum questioned the compliance for electrical issues in the City and would the records be accessible by the public. He Page 3 of 15 —11 /25/2002 i 4 6 stated that non -licensed personnel causes lack of revenue for the City of Pearland. Mr. Landrum requested a list of licensed electricians and contractors in the City of Pearland. Mayor Reid stated a meeting addressing Mr. Landrum's concerns would be set by Mr. Tobin Maples. Linda Cowles, 3412 Shady Crest, addressed Council and stated she would like to address the issue of signs around the Pearland community. Ms. Cowles stated she is a member of the board for Keep Pearland Beautiful. She stated she has picked up several signs discarded all around the community, mostly garage sale signs. She further stated she would like the participation of the City with enforcing the sign ordinance and gave some ideas. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the October 21, 2002, Special Meeting held at 7:30 p.m. 2. Minutes of the October 22, 2002, Public Hearing held at 6:30 p.m. 3. Minutes of the October 22, 2002, Public Hearing held at 7:30 p.m. 4. Minutes of the November 11, 2002, Regular Council Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-616 - 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 MINI -WAREHOUSES AND CONSTRUCTION OF A 6 FOOT MASONRY FENCE ALONG THE ENTIRE EAST SIDE OF THE PROPERTY IN ACCORDANCE WITH THE CITY CODES, ON THE FOLLOWING PROPERTY, BEING 8.45 ACRES, ABSTRACT 242, SECTION 17, H.T. & B.R.R. COMPANY SURVEY, BRAZORIA COUNTY, TEXAS (5119 FITE ROAD) (APPLICATION 1066) (SPECIFIC USE NO. 114) (5119 FITE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO GENERAL BUSINESS DISTRICT - SPECIFIC USE (GB(S)) AT THE REQUEST OF MICHAEL POLLOK, AGENT FOR HOWARD BRIGHT, 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, Page 4 of 15 — 11/25/2002 Executive Director of Community Services. C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-617 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, . FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 4.690 ACRES, ABSTRACT 300, H.T. & B.R.R. COMPANY SURVEY, TRACT 42-43 (APPLICATION NO. 1070) (SOUTHWEST CORNER OF S.H. 288 AND F.M. 518) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF OSBORN & VANE ARCHITECTS, INC., AGENT FOR DENNIS MURPHREE TR DEM #20, 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. E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-620 - 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 .06740 ACRES, GEORGE C. SMITH SURVEY, ABSTRACT 546, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1067)(SPECIFIC USE APPLICATION NO. 115) (3806 HARKEY ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO ESTATE LOT SINGLE FAMILY DWELLING DISTRICT - SPECIFIC USE (R-E(S)) FOR A DAY CARE FACILITY AT THE REQUEST OF BENNIE MORGAN, AGENT, FOR ELIZABETH BAINS, 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. 509-622 - 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 1.50 Page 5 of 15 — 11/25/2002 148 ACRES, BEING PART OF LOT 9, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, A SUBDIVISION IN SECTION 20, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 506, BRAZORIA COUNTY, TEXAS (2329 STERLING DRIVE) (APPLICATION NO. 1068) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF EMIR GUEVARA, 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 - SUBDIVISION ACCEPTANCE OF VILLA VERDE SECTION TWO. Mr. John Hargrove, City Engineer. I. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 519-1 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 7, BUILDING, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO CLARIFY THE PROCEDURE FOR THE ABATEMENT OF UNSAFE BUILDINGS; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION AND CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ABATE UNSAFE BUILDINGS INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Bill Eisen, City Manager. J. CONSIDERATION AND POSSIBLE ACTION — REAPPOINTMENTS TO TAX INCREMENT REINVESTMENT ZONE NUMBER 2 BOARD OF DIRECTORS. Mr. Alan Mueller. K. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2002-179 - 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 A COMPACT EXCAVATOR. Mr. Gordon Island, Purchasing Officer. L. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2002-178 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING TIMES AND DATES FOR DECEMBER 2002, DUE TO THE HOLIDAY SEASON. Mr. Darrin Coker, City Attorney. Page 6 of 15 — 11/25/2002 149 M. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2002-181 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SETTING A PUBLIC HEARING FOR JANUARY 6, 2003, 6:30 P.M. TO RECEIVE PUBLIC COMMENT REGARDING AMENDMENTS TO THE CITY'S LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENTS PLAN AND IMPACT FEE SCHEDULE. Mr. Alan Mueller, Deputy City Manager. Councilmember Marcott asked that Consent Agenda Item D and F 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 M, with the exception of items D and F, as presented on the Consent Agenda. Voting "Aye" Councilmembers Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 4 to 0. MATTERS REMOVED FROM CONSENT AGENDA Councilmember Marcott asked that Consent Agenda Item D and F be removed from the Consent Agenda for further discussion. Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to adopt Consent Agenda Item D, as presented on the Consent Agenda. City Manager_, Bill Eisen, gave a brief summary of the specific use request and the Location of the property. Councilmember Marcott stated he was out -voted previously concerning the specific use permit. He stated he still opposes the specific use permit and requested that if the specific use permit is approved amendments for a higher masonry fence should take place. Lengthy Discussion ensued among Council regarding the masonry requirements. Voting "Aye" Councilmembers Tetens, Viktorin, and Owens. Voting "No" Councilmember Marcott. Motion Passed 3 to 1, with Councilmember Seeger absent. Page 7 of 15 — 11/25/2002 iso F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-621 - 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, BEING THE WEST 544.41 FEET OF LOT 56 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 80, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 564, ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGE 98, PLAT RECORDS, BRAZORIA COUNTY, TEXAS (COUNTY ROAD 59) (APPLICATION NO. 1069) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JAMES M. JOHNSON, AGENT FOR TRACH XUAN MAI AND TRAN THI YEN, 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 Viktorin, to adopt Consent Agenda Item F, Ordinance No. 509-621, as presented on the Consent Agenda. City Manager, Bill Eisen, gave a brief description and location of the property. Councilmember Marcott stated his concerns are development in conjunction with Highway 288. He stated he opposes any development in the area of the Highway because of the traffic and roadways. Discussion ensued between Council concerning the Texas Department of Transportation plans for the roads during the property development. Voting "Aye" Councilmembers Tetens, Owens, and Viktorin. Voting "No" Councilmember Marcott. Motion Passed 3 to 1, with Councilmember Seeger absent. NEW BUSINESS COUNCIL ACTION — RESOLUTION NO. R2002-184 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY Page 8 of 15 —11/25/2002 J5I MANAGER OR HIS DESIGNEE TO ENTER INTO A STRATEGIC PARTNERSHIP AGREEMENT AND SALES AND USE TAX AGREEMENT WITH BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 5. Mr. Darrin Coker, City Attorney. Councilmember Viktorin made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2002-184. City Manager, Bill Eisen, stated this item involves an agreement with Municipal Utility District No. 5 that among other things establishes an effective date of annexation for Municipal Utility District No. 5 of December 31, 2005. Two public hearings have been held on this issue, and the City has received an executed copy of this agreement that has been approved by the Municipal Utility District No. 5 Board of Directors. Voting "Aye" Councilmembers Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. COUNCIL ACTION — RESOLUTION NO. R2002-185 — A RESOLUTION OF THE CITY COUNCIL= OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A STRATEGIC PARTNERSHIP AGREEMENT AND SALES AND USE TAX AGREEMENT WITH BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 1. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Owens made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2002-185. City Manager, Bill Eisen, stated essentially the same discussion as the previous item. However, the effective date for annexation of Municipal Utility District No. 1 is December 30, 2006. All other terms and conditions are the very similar to the one previously considered by Council. Brief discussion ensued between Council and Staff regarding the collection of the Fire and EMS funds. City Manager, Bill Eisen, stated the funds will start being collected late December and early January. Councilmember Marcott stated the residents of the these Municipal Utility Districts are now paying for Fire and EMS services that was previously being collected from them as a donation. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, and Marcott. Page 9 of 15 — 11/25/2002 152 Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. Mayor Reid stated that Ordinance No. 1088 and 1089 will be considered with the same motion. FIRST READING OF ORDINANCE NO. 1088 - AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (BRAZORIA COUNTY MUNICIPAL DISTRICT NO. 1); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. FIRST READING OF ORDINANCE NO. 1089 - AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (BRAZORIA COUNTY MUNICIPAL DISTRICT NO. 5); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Owens, to -approve Ordinance No. 1088 and Ordinance No, 1089 on its first reading. City Manager, Bill Eisen, stated this action proceeds with annexation process of Municipal Utility Districts No. 1 and No. 5. The effective date of annexation for Municipal Utility District No. 1 is December 31, 2006 and Municipal Utility District No. 5 is December 31, 2005. Voting "Aye" Councilmembers Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. COUNCIL ACTION — RESOLUTION NO. R2002-186 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY Page 10 of 15 — 11/25/2002 153 MANAGER OR HIS DESIGNEE TO ENTER INTO A PARK DONATION AGREEMENT AND A REGIONAL PARK DEVELOPMENT AGREEMENT ASSOCIATED WITH THE SHADOW CREEK RANCH REGIONAL PARK. Mr. Alan Mueller, Deputy City Manager. Mayor Pro -Tem Owens . made the motion, seconded by Councilmember, Tetens, to approve Resolution No. R2002-186. City Manager, Bill Eisen, stated this item is a result of a proposal from Shadow Creek Ranch to donate property to the City in exchange for being able to use a portion of that property for its wetlands mitigation needs. The City has reviewed its needs for park land in that area and believe that what is being proposed this evening is compatible with those needs. Mr. Eisen also stated that there will be a similar donation different in acreage to the Y.M.C.A. adjacent to the City tract. In the future the Y.M.C.A. has expressed some interest in obtaining an additional 5 acres perhaps from the City. He further reported until the mitigation requirements are met is unknown at this time. Gary Cook, Shadow Creek Ranch, gave a presentation regarding the property that is being proposed to be donated to the City. Additional discussion ensued between Council and Mr. Cook regarding the property that is to be donated to the City. Mayor Pro -Tem Owens stated he would like to see if there is something the City can do to help the Y.M.C.A. make decision if they are going place a facility in Shadow Creek Ranch. He stated he does not see the City going out and doing much with a 100 plus acres. Shadow Creek Ranch will not have that many residents that quick, nor does the City has the money budgeted to do what needs to be done. If the Y.M.C.A. is looking to build a new facility in Shadow Creek Ranch the City ought to look at it as an opportunity for the City to enter into some type of agreement or some kind of transfer. He further stated it would help with the attraction of residents to have some type of facility there. Since the City is not going to be there the Y.M.C.A. is a good organization to do that. City Manager, Bill Eisen, gave a brief overview on other proposals as far as moving the City over on the property. He stated the City will work with the Y.M.C.A. and there should be a way both the City and Y.M.C.A.'s needs can be met. As mentioned earlier that will not be known until Shadow Creek Ranch knows for sure what their mitigation requirements are going to be. Gary Cook stated they should know something regarding the mitigation by Spring, Summer at the latest. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, and Marcott. Page 11 of 15 — 11/25/2002 Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. COUNCIL ACTION — RESOLUTION NO. R2002-183 - 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 WILBUR SMITH ASSOCIATES FOR CONSULTANT SERVICES ASSOCIATED WITH THE ANALYSIS AND DEVELOPMENT OF A TRAFFIC IMPACT FEE ORDINANCE. Mr. Alan Mueller, Deputy City Manager. Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to approve Resolution No. R2002-183. City Manager, Bill Eisen, stated one of the goals established by Council was the consideration of developing of an Traffic Impact Fee Ordinance, which would be away for new development within the Community to pay what would be determined to its fair share of the cost of construction of new roads as well as widening and improving of existing roads. This is phase one of a two-phase contract with Wilbur Smith Associates with some additional work being done as part of the project by Olson & Olson a law firm. Phase One of the project is an investigation of the fee, legal implications, positive and negative impacts, doing some research for cities that have similar programs in place. He further stated once Phase One is completed that report will brought to the City Council for consideration. Brief discussion ensued between Council and Staff regarding the project. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. COUNCIL ACTION — RESOLUTION NO. R2002-180 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH IMPROVEMENTS TO GREEN TEE LIFT STATIONS II AND III. Mr. Jerry Burns, Public Works Director. Councilmember Viktorin made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2002-180. City Manager, Bill Eisen, stated this item is in the current years budget. The project involves the replacement or redesign in effect of two lift stations in Green Tee. This will Page 12 of 15 — 11/25/2002 change them from an older pneumatic air lift ejector system technology to a submersible lift station system, which is the most common type of system in the City wastewater collection system. The newer style has less maintenance problems. This is intended to modernize these two locations. Councilmember Marcott asked if the City did one of these type of systems in last years budget. Public Works Director, Jerry Burns reported it is operating like it is designed. This type of system also assists in eliminating an odor problem. Mr. Burns briefly gave Council an overview of the design of the new system. Voting "Aye" Councilmembers Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Motion Passed 4 to 0, with Councilmember Seeger absent. COUNCIL.ACTION — RESOLUTION NO. R2002-182 - 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 JOHN HARGROVE, P. E. FOR ENGINEERING SERVICES. Mr. Alan Mueller, Deputy City Manager. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Owens, to approve Resolution No. R2002-182. City Manager, Bill Eisen, stated that John Hargrove, City Engineer, has indicated his intentions to retire in the upcoming months. Mr. Eisen further stated Mr. Hargrove has agreed to be available until his successor is named. This will allow the City to continue to utilize his expertise and knowledge of specific projects that have been on going for sometime in the community as well as his specific knowledge of the plat review process. The action being considered is an ongoing consulting service contract for a period of a year. He will continue to provide the city assistance in some of the areas where he has specific knowledge as a result of his years of service to the City. Mr. Eisen gave a brief overview of the contract. Councilmember Marcott asked about the year contract between the City and Mr. Hargrove and the monthly pay amount during the contract. Councilmember Owens asked for some clarification regarding the contract between the Page 13 of 15 — 11/25/2002 15C City and Mr. Hargrove. Discussion ensued among Council, City Staff, and Mr. Hargrove regarding the intent and details of the contract. Voting "Aye" Councilmembers Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. COUNCIL ACTION — RESOLUTION NO. R2002-187 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING INTENTION TO REIMBURSE PROJECTS EXPENDITURES. Mr. Bill Eisen, City Manager. Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to approve Resolution No. R2002-187. City Manager, Bill Eisen, stated this Resolution will allow the City to reimburse themselves for certain projects and capital equipment that is to be financed through short-term. debt after the Certificates of Obligations are sold early next year. The projects are the renovation to the Independence Park Pavilion for $300,000, Fire Truck $325,000, Gradall $220,378 and the ambulance refurbishment for $80,000. Discussion ensued between Councilmember Marcott and City Manager, Bill Eisen, regarding the refurbishment of the ambulance. Mr. Eisen stated the refurbishment of the ambulance is $80,000, and a new ambulance is well over a $100,000. Therefore, there is significant savings to having the ambulance refurbished. He further reported the ambulance box has been mounted on the cab and chassis and most of the refurbishment is complete. The City should have the new ambulance in time to meet the January 1, target date, and have it in operation. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:05 p.m. to discuss the following: Page 14 of 15 — 11/25/2002 157 EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY - CITY PARK FACILITIES. Mr. Darrin Coker, City Attorney. Council returned from Executive Session at 9:40 p.m. NEW BUSINESS (CONTINUED): COUNCIL ACTION - REGARDING PROPERTY FOR THE ACQUISITION OF CITY PARK FACILITIES. Mr. Darrin Coker, City Attorney. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to authorize Staff to proceed with the acquisition of property for Parks facilities as discussed in executive session Voting "Aye" Councilmembers Marcott, Owens, Viktorin, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Seeger absent. ADJOURNMENT Meeting was adjourned at 9:41 p.m. Minutes approved as submitted and/or corrected this the 91h day December, A.D. 2002. Tom Reid Mayor ATTEST: Page 15 of 15 - 11/25/2002 1D0 THIS PAGE LEFT INTENTIONALLY BLANK