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2003-08-11 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 11, 2003, 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 Richard Tetens Charles Viktorin Woody Owens 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; Police Chief J.C. Doyle; City Engineer Doug Kneupper; Public Affairs Liaison Lynn Munford; Director of Finance Mary Ross; Parks and Recreation Director Tom Grieve; Public Works Director Jerry Burns; Purchasing Officer Gordon Island; Project Director Joe Wertz; Assistant Police Chief Johnny Spires. 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 July 29 he attended the Brazoria County Alliance Meeting; July 30 he met with a developer; July 31 he attended a Pearland Hospital Board Meeting, School Board Meeting, and a Council Workshop; August 1 he attended the Chamber Business Breakfast; August 4 he attended an Agenda Meeting, PEDC Special Meeting, and a Council Workshop; August 5 he attended an AARP Monthly Meeting and the National Night Out; August 6 he attended a New Teacher Breakfast and a Pearland College Luncheon; August 7 he attended a Ribbon Cutting Ceremony for Forgotten Angels; August 8 and 9 he attended the TML Region 14 Quantilly Meeting. CITY MANAGER'S REPORT City Manager, Bill Eisen, passed on giving his report. CITIZENS Jennifer Buchanan, 3123 Chappelwood Drive, addressed Council and stated she was Page 1 of 14 — 8/11/2003 asked by a Group that represents thousands of concerned citizens to speak with Council. She further stated they want to express their collective opposition to the postponement of the Bailey Corridor Improvement and replacement of that planned project with the development of a thoroughfare along the densely populated residential area lining Magnolia Road and South Fork. Ms. Buchanan further presented the reasons why they do not want a major thoroughfare through their residential community. Charles Smith, 3309 Autumn Forrest Drive, addressed Council and stated he is representing West Oaks Homeowners Association and the bridge at Old Oaks and English Oaks. Mr. Smith gave a brief presentation regarding the need for a foot -bridge for the children. Mr. Smith reiterated this is a safety issue for the children. In closing he asked Council to think about and help his community out. Steven P. Brown, 3514 Creekstone Drive, addressed Council and stated like Jennifer, he is representing thousands of his neighbors who are concerned about the City's proposal to extend a major thoroughfare along the Magnolia South Fork route. Mr. Brown further expressed his concerns for property values if there is thoroughfare through the neighborhood. He further presented other reasons why the project plan should not be changed to the Magnolia route. Mr. Brown stated he would support a bond proposal to see that the project could be completed on Bailey as planned. In closing, he asked Council to do what is necessary now and make the Bailey route be completed as planned. Mayor Reid stated a decision has not been made yet and Council will review both projects with a great deal of thought and consideration. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the July 21, 2003, Special Meeting held at 7:00 p.m. 2. Minutes of the July 28, 2003, Regular Council Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE OF THE LAKES AT HIGHLAND GLEN SECTION FOUR. Mr. Doug Kneupper, City Engineer. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1121 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING ORDINANCE NO. 889, AUTHORIZING THE OFFERING OF HEALTH BENEFITS COVERAGE TO THE CITY RETIREES; CONTAINING A REPEALER CLAUSE; PROVIDING Page 2 of 14 — 8/11/2003 AN EFFECTIVE DATE; AND PROVIDING AN OPEN MEETINGS CLAUSE. Ms. Yesenia Garza, HR Benefits Coordinator. D. CONSIDERATION AND POSSIBLE ACTION — EXCUSE ABSENCE OF COUNCILMEMBER RICHARD TETENS FROM THE REGULAR MEETING HELD ON JULY 28, 2003. City Council. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-111 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING PARTICIPATION IN THE TEXSTAR INVESTMENT POOL. Ms. Mary Ross, Director of Finance. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-112 - 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 DYNASOURCE, INC. FOR THE PURCHASE OF LASERFICHE SOFTWARE. Mr. Gordon Island, Purchasing Officer. G. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE OF THE VILLAGE AT MARY'S CREEK SECTION ONE PHASE ONE. Mr. Doug Kneupper, City Engineer H. CONSIDERATION AND POSSIBLE ACTION RESOLUTION NO. R2003-113 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT AMENDMENT WITH DON WARD AND ASSOCIATES FOR DEVELOPMENT OF A FLOOD MITIGATION PLAN. Mr. Bill Eisen, City Manager. I. CONSIDERATION AND POSSIBLE ACTION — AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT A GRANT REQUEST FOR THE OTHER VICTIM ASSISTANCE GRANT (OVAG). Mr. J. C. Doyle, Chief of Police. Councilmember Marcott asked that Consent Agenda Item I be removed from the Consent Agenda for further discussion. Councilmember Viktorin made the motion, seconded by Councilmember Owens, to adopt Consent Agenda Items A through H, with the exception of Item I, as presented on the Consent Agenda. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Page 3 of 14 — 8/11/2003 Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA Councilmember Marcott asked, that Consent Agenda Item I be removed from the Consent Agenda for further discussion. Councilmember Viktorin made the motion, seconded by Councilmember Marcott, to adopt Consent Agenda Item I, as presented on the Consent Agenda. Bill Eisen, City Manager, stated this is an ongoing grant the City has had in place approximately one year. The grant is a victims assistance program. A person who is a victim of crime under this program can receive information regarding counseling and opportunities the State may have to help cover some of the cost incurred as a result of criminal activity. Councilmember Marcott stated he supports the program; however, if the City does not get the Grant is the City going to loose the individual that provides this type of service to victims. J.C. Doyle, Chief of Police, stated he does foresee the City losing the Crime Victims Liaison if the Grant is not received. Councilmember Marcott stated he does support the program. Gina Mendez does an excellent job, and he has received a lot of good reports. He wanted to express his concerns that if the City loses the Grant, the City would continue to have a Crime Victims Liaison. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS FIRST READING OF ORDINANCE NO. 509-669 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 2.647 ACRES, OUT OF THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 243, TRACT 48A AND 48A2, BRAZORIA COUNTY, TEXAS (8027 BROADWAY STREET AT ZAPALAC ROAD) (APPLICATION Page 4 of 14 — 8/11/2003 r NO. 1115) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF WILLIAM AND KATHERINE FAVOR, 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 Owens made the motion, seconded by Councilmember Viktorin, to approve Ordinance No. 509-669 (Application No. 1115) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 1115. City Manager, Bill Eisen, stated the property is located at the northeast corner of Zapalac Road and Broadway Street. The applicant has indicated he desires to sell the property, and the zone change will assist with the sell of the property. Brief discussion ensued between Council and Staff regarding outside storage and Commercial Zoning. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-670 — 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 0.619 ACRES OF LAND, BEING TRACT NO. 3 IN THE SANDOVAL SUBDIVISION LOCATED IN THE WEST ONE- HALF OF THE NORTHWEST ONE QUARTER OF THE NORTHEAST ONE QUARTER OF SECTION 15, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 241, BRAZORIA COUNTY, TEXAS (MORENCI STREET) (APPLICATION NO. 1117) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JOSE E. QUINTONILLA, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Page 5 of 14 — 8/11/2003 Councilmember Marcott made the motion, seconded by Councilmember Seeger, to table Ordinance No. 509-670 (Application No. 1117) on its first reading to receive an approved or denied recommendation from the Planning and Zoning Commission. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-671 — 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 0.620 ACRES OF LAND, BEING TRACT NO. 7 IN THE SANDOVAL SUBDIVISION LOCATED IN THE WEST ONE- HALF OF THE NORTHWEST ONE QUARTER OF THE NORTHEAST ONE QUARTER OF SECTION 15, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 241, BRAZORIA COUNTY, TEXAS (MORENCI STREET) (APPLICATION NO. 1118) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JOSE E. QUINTONILLA, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Tetens, to approve Ordinance No. 509-671 (Application No. 1118) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 1118. City Manager, Bill Eisen, stated if the zoning is approved, the applicant is proposing to construct two single-family homes. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-672 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF Page 6 of 14 — 8/11/2003 PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 9.7980 ACRES OF LAND, BEING THE EAST'/z OF LOTS 11 AND 12 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, BEING PART OF THE SUBURBAN GARDENS, SITUATED IN THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 304, BRAZORIA COUNTY, TEXAS (COUNTY ROAD 403 (HUGHES RANCH ROAD), EAST OF CR 94) (APPLICATION NO. 1116) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (RE) AT THE REQUEST OF PAKSIMA GROUP, AGENT FOR DAVID AND LISA TRAN, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Tetens, to approve Ordinance No. 509-672 (Application- No. 1116) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 1116. City Manager, Bill Eisen, stated the applicant is proposing to construct a single-family residential subdivision. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1122 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 29, TRAFFIC, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO ADD SECTION 29-12, TO BE ENTITLED OFF-ROAD OPERATION OF MOTOR VEHICLES; HAVING A PENALTY CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE, AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE THE OFF- ROAD OPERATION OF MOTOR VEHICLES INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 29, TRAFFIC, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO ADD SECTION 29-12, TO BE ENTITLED OFF-ROAD OPERATION OF MOTOR VEHICLES; HAVING A PENALTY CLAUSE, A SAVINGS Page 7 of 14 — 8/11/2003 CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE, AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE THE OFF-ROAD OPERATION OF MOTOR VEHICLES INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Darrin Coker, City Attorney. Councilmember Viktorin made the motion, seconded by Councilmember Marcott, to approve Ordinance No. 1122 on its first and only reading. City Attorney, Darrin Coker, stated the definition of motor vehicles is very broad and that it is to include motorcycles, mini -bikes, 4 -wheelers, go-carts, or whatever it may be that is motorized. This will give the City an Ordinance with some teeth that allows the City to actually enforce the prohibition of motor vehicles on private property. Councilmember Marcott stated this is an. important addition to the Ordinance in regulating motor vehicles on private property. Councilmember Seeger stated his concern is that everyone knows that this Ordinance is coming in to affect. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-109 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AN AMENDED DEVELOPMENT AGREEMENT WITH BEAZER HOMES TEXAS, L.P. FOR THE ALLOCATION OF COSTS ASSOCIATED WITH THE EXTENSION OF PEARLAND PARKWAY. Mr. Alan Mueller, Deputy City Manager. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Tetens, to table Resolution No. R2003-109, until Council can have a workshop to further discuss this item. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. Page 8 of 14 — 8/11/2003 FIRST READING OF ORDINANCE NO. 1123 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 19 OF 51.2668 ACRES OF LAND. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Marcott, to approve Ordinance No. 1123 on its first reading. City Manager, Bill Eisen, stated there is a number of in -city Municipal Utility Districts. Municipal Utility District Number 19 is one of those. Currently the Municipal Utility District Number 19 consist of approximately 710 acres. The Municipal Utility District is requesting the City Council authorize the annexation of approximately 51.2668 acres into the Municipal Utility District. The boundaries of a Municipal Utility District cannot change without prior consent of the City Council. City Attorney, Darrin Coker, stated the next -item, Ordinance No 1124's caption, shows that it is a First and Only Reading. Both this Ordinance and Ordinance No. 1124 will be scheduled for two readings, and that will be corrected before the next Council meeting. Additional discussion ensued between Council and Alex Garcia, Attorney for Brazoria Municipal Utility District Number 19, regarding the Municipal Utility District's bond indebtedness. Mr. Garcia stated the life of the Bonds are not being extended due to this annexation. Brief discussion ensued between Mr. Eisen and Councilmember Viktorin regarding rebates to Municipal Utility Districts. Councilmember Seeger stated the purpose of the rebate in the beginning was to encourage development. The City, right now, is having a hard time keeping up with all the development. He further stated at this point he is sure the City needs to pay to encourage development. Craig Rathman, Financial Adviser, gave a presentation regarding the creation of Municipal Utility Districts and how the rebates work. City Manager, Bill Eisen, stated Municipal Utility District Number 28, which is the next item for consideration, is one of the newer Municipal Utility Districts and that $0.15 over time will gradually decline. The whole issue of in -city Municipal Utility Districts is one that the City has discussed many times. Going back in time, the idea was adopted by the City Council in the 1990's, where development was occurring in the area, but was outside the City limits because of the existence of Municipal Utility Districts and the opportunity the developers had to recover some of their cost through a reimbursement program. Page 9 of 14 — 8/11/2003 Voting "Aye" Councilmembers Viktorin, Owens, Tetens, and Marcott. Voting "No" Councilmember Seeger. Motion Passed 4 to 1. FIRST READING OF ORDINANCE NO. 1124 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 OF 151.7705 ACRES OF LAND. Mr. Darrin Coker, City Attorney. Councilmember Marcott made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1124 on its first reading. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, and Marcott. Voting "No" Councilmember Seeger. Motion Passed 4 to 1. FIRST READING OF ORDINANCE NO. 1125 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A CERTAIN SIXTY FOOT (60') WIDE RIGHT OF WAY LOCATED BETWEEN LOT 5, BLOCK 4 AND BLOCK 5 OF THE AIR PORT SITES SUBDIVISION IN THE H.T. & B.R.R. CO. SURVEY, ABSTRACT 239, WITHIN THE CORPORATE CITY LIMITS OF PEARLAND,. BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Seeger made the motion, seconded by Councilmember Viktorin, to approve Ordinance No. 1125 on its first reading. City Manager, Bill Eisen, stated the City has conducted a public hearing on this right-of- way abandonment issue. The individual has indicated to the City he would like to proceed forward with this item. The City will be pursuing fair market value compensation for the right-of-way. City Attorney, Darrin Coker, stated that he has advised Mr. Guillen that any easements that were required by the City or Brazoria Drainage District Number 4 would have to take place simultaneously to the transaction. That would be across the rear portion of the property next to the creek. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Page 10 of 14 — 8/11/2003 Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-110 -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. Bill Eisen, City Manager Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2003-110. City Manager, Bill Eisen, stated each year the City enters into an agreement with Brazoria County for major rehabilitation and overlay of streets. In the arrangement, the City provides any necessary materials for the work, and the County provides the necessary equipment and labor. He stated this agreement is very favorable, and a recommendation to approve is requested. Councilmember Marcott asked for the location of Tyler Road on Hatfield. Discussion ensued among Council and Staff regarding the location and description of Tyler Road and any additions proposed for the road. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-108 — 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 CARTER -BURGESS, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE SHARONDALE SEWER PROJECT. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Viktorin, to approve Resolution No. R2003-108. City Manager, Bill Eisen, stated the City participates in the community development program as part of Brazoria County. He stated the project selected for the current year is Sharondale Sewer. He stated requirements would need to be met in order to receive funding by the Housing and Urban Development Program. Mr. Eisen stated Council Page 11 of 14 — 8/11/2003 could move forward with the Resolution, and he would hold on the agreement until further information regarding funding eligibility is received. Councilmember Owens asked for the location of Sharondale. Discussion ensued among Council and Staff regarding the location of.Sharondale. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — REGARDING A PROPOSAL TO INCREASE TAXES 7.6% ABOVE THE EFFECTIVE TAX RATE BASED ON A RATE OF $.696/$100 IN VALUE. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Marcott, to approve a proposal to increase taxes 7.6% above the effective tax rate based on a rate of $.696/$100 in value. City Manager, Bill Eisen, stated this is part of the true taxation law requirements. He stated a Public Hearing would be held on the 25th of August regarding the increase. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. CONSIDERATION AND POSSIBLE ACTION — PRESENTATION OF 2003 CERTIFIED APPRAISAL ROLL FOR THE CITY OF PEARLAND AND ASSOCIATED NEW CONSTRUCTION VALUES. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Councilmember Viktorin, to accept the presentation of 2003 Certified Appraisal roll for the City of Pearland and Associated New Construction Values. Mr. Bill Eisen, City Manager. City Manager, Bill Eisen, stated this item is a requirement of the budget process. It involves the tax certification presentation by the Brazoria County Appraisal District. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Page 12 of 14 — 8/11/2003 Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 8:47 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY - REGARDING PENDING LITIGATION — CITY FACILITIES. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 9:10 p.m. COUNCIL ACTION - REGARDING PENDING LITIGATION — CITY FACILITIES. City Council. Councilmember Marcott made the motion, seconded by Councilmember Viktorin, to authorize Staff to pursue with settlement associated with City facilities as discussed in executive session. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger Voting "No" None. Motion Passed 5 to 0. ADJOURNMENT Meeting was adjourned at 9:11 p.m. Page 13 of 14 — 8/11/2003 Minutes approved as submitted and/or corrected this 25t" day of August , A. D 2003. ATTEST: r Sec .,;rte ry Tom Reid Mayor Page 14 of 14 — 8/11/2003