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2003-08-25 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 25, 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; Purchasing Officer Gordon Island; Director of Human Resources and Safety Management Mary Hickling, Project Director Joe Wertz; Assistant Police Chief Johnny Spires; Recreation Superintendent Michelle Dunn; Director of Inspections Kola Olayiwola. 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 August 12 he attended the HGAC Transportation Meeting and the Adult Reading Strategic Plan Committee Meeting; August 13 he attended the Industry of the Year Committee Meeting; August 14 he attended the Texas Association Regional Councils Meeting in Austin; August 15 he attended a Ribbon Cutting Ceremony for 1St Community Bank of Silverlake and a Ribbon Cutting Ceremony for Caring Touch; August 17 he attended a Birthday Party for Carl Perry; August 18 he attended an Agenda Meeting and a Public Hearing; August 19 he attended the HGAC Board of Directors Meeting and a Ribbon Cutting Ceremony for PTSD Rogers School; August 20 he interviewed with TV Channel 24 on Committee of Higher Education, attended the Chamber Monthly Luncheon, met with Gulf Coast Water Authority with Deputy City Manager Alan Mueller, and attended the Brazoria County Cities Association Meeting; August 21 he attended the Chamber Leadership Council Meeting and the Gulf Coast Water Authority Board of Directors Meeting; August 22 he attended the Pearland Neighborhood Center Annual Ball; August 25 he attended the PEDC Monthly Meeting. Page 1 of 15 — 8/25/2003 COUNCIL ACTIVITY REPORTS Council passed on giving their reports. CITY MANAGER'S REPORT City Manager, Bill Eisen, passed on giving his report. CITIZENS James Lane, 2539 Thelma Street, addressed Council and stated he is concerned about the drainage around the Garden Oaks Subdivision. The ditches on both sides of Thelma Street are not draining properly. Mr. Lane stated without proper drainage, in the future, he would be forced to leave the City of Pearland. The repair of his house would not be possible after a flood because of the repair cost and extent of the damage from the last storm. Mr. Lane further stated he spent 7 months living in a motor home after the last storm. In closing, Mr. Lane asked Council to work on the drainage for his area. Sherry Fulgham, 5405 Magnolia Street, addressed Council and stated she represents her neighbors against the Magnolia Southfork Project. She stated her neighborhood is residential with children running along its streets; Bailey Road is primarily rural. She stated there are very limited options for economic development along the Magnolia Southfork route compared to possibilities on Bailey. She stated issues regarding Bailey's flooding should be a primary objective. The new homes along Bailey should not be allowed due to the flooding of existing homes. Ms. Fulgham further stated the vision of the past could not have been what they expected, if the Magnolia Southfork Project has been on the City's Master Plan since 1969, then residential neighborhoods should not have ever been built in the Silverlake area and surrounding Southfork. A thoroughfare running through a neighborhood is undesirable and even a Master Plan can be changed. In closing, Ms. Fulgham stated Magnolia Southfork should not be considered as a choice for a thoroughfare now or in the future. Kim Long, 3403 Pickering Lane, addressed Council and gave a brief statement regarding her encounter with a distressed mangy dog three years ago on her front porch. She stated at that time she called Pearland Animal Control, and they do not serve that area. The dog would have to be moved into the city limits for the city to take care of it. She stated it took the County two days to take care of the animal after contacting them. Ms. Long stated many citizens are concerned regarding the abandonment of the Bailey Road Project and replacing it with the Magnolia Southfork Extension Project. She stated citizens from inside the city limits and Silverlake have joined together with the common goal of the Magnolia Southfork Extension Project being stopped. Ms. Long stated they are deciding to move forward with a Civil Suit and Public Information Campaign. She stated the objective of the group is to educate the Page 2 of 15 — 8/25/2003 Pearland residents of the proposed project and intent of the City. The group received permission from the Silverlake Community Homeowner's Association to post signs in the right of ways controlled by the association near Southfork. She stated this area is outside of the city limits. The signs read "Stop the Southfork Thoroughfare." After posting the signs, several Pearland residents witnessed a City of Pearland Maintenance. truck driver removing the signs. They are very disappointed with the City. Ms. Long voiced her concern regarding the free speech of the citizens and the City's action upon it, but no action taken when she called about the dog. In closing, Ms. Long stated the group is asking for the return or reimbursement of the signs. She asked Council to address the City's employees regarding respecting their rights and property. Deonna Clark, 3315 Lauson Drive, addressed Council and submitted a petition to. Council regarding the Magnolia Southfork Project. She stated the petition currently has 400 signatures, coming from the residents who live along the proposed Magnolia Southfork Thoroughfare. Ms. Clark stated this is only a beginning to unify each person who is affected by the proposed thoroughfare. She stated the intent of the community's efforts is to turn Council's focus back to the Bailey Road project. Michelle Pickard, 3502 Parkshire Drive, addressed Council and stated she enjoys living in the Pearland Community. She stated that her hopes are for Council to make the best decisions and remember the people of the community while making decisions. Ms. Pickard stated the proposed roadway would be in the middle of a neighborhood with no possible room or additions for new businesses to locate. It is very important for Council to consider making a good business decision and accounting for the people. John Dejardin, 3519 Parkshire, addressed Council and stated the switch of focus from Bailey to Southfork is very short sided. He stated the money saved now would prohibit future money because of no growth available on Southfork. He stated Bailey Road is a rural area in which growth could develop. Mr. Dejardin stated he feels it is in the best interest of Pearland to develop the area of Bailey Road verses Southfork. Richard Skotak, 3803 Clarestone, addressed Council and stated he is the president of the Southwyck Homeowner's Association sections 4, 7, 8, and 9, and stated this issue has caused a great deal of concern in the Silverlake area. Action committees have been formed and will not stop until heard. He understands the tremendous growth of Pearland and appreciates the management of the City. The citizens are not here to argue, but to join forces with Council to get the project back to Bailey Road where it belongs. The understanding of the City maps states that Bailey Road is a major thoroughfare and Southfork as a residential road going through neighborhoods. He stated changing the existing Southfork Road into a major thoroughfare would involve extensive work and condemnation. In closing, Mr. Skotak stated he came to Pearland because it was a Master Planned Community with Bailey Road being a part of that Master Plan; he would like the original Plan to continue. Page 3 of 15 — 8/25/2003 Mayor Reid stated a decision has not been made regarding the proposed projects at the current time. Council will look at each issue very carefully regarding the future. Mayor Reid stated he received a letter from Dan and Connie McMaster regarding the same comments as earlier citizens. They were unable to attend the meeting, and Council -- would consider their comments. DOCKETED PUBLIC HEARING: None Mayor Reid called a recess at 8:20 p.m. Mayor Reid called the meeting back to order at 8:25 p.m. CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the May 19, 2003, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the June 16, 2003, Joint Public Hearing held at 6:30 p.m. 3. Minutes of the July 21, 2003, Joint Public Hearing held at 6:30 p.m. 4. Minutes of the July 28, 2003, Public Hearing held at 7:30 p.m. 5. Minutes of the August 11, 2003, Public Hearing held at 7:00 p.m. 6. Minutes of the August 11, 2003, Regular Council Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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 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. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-671 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE Page 4 of 15 — 8/25/2003 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. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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 PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 9.7980 ACRES OF LAND, BEING THE EAST 1/2 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. E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. F. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1124 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE Page 5 of 15 — 8/25/2003 ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 OF 151.7705 ACRES OF LAND. Mr. Darrin Coker, City Attorney. G. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-116 — 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 BUYBOARD FOR THE PURCHASE OF AN ASPHALT PAVER. Mr. Bill Eisen, City Manager. I. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-117 — 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 DUMP TRUCK. Mr. Bill Eisen, City Manager. J. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-118 — 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 BACKHOE. Mr. Bill Eisen, City Manager. K. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-114 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF NOTEBOOK COMPUTERS AND PORT REPLICATORS. Mr. Bill Eisen, City Manager. L. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-115 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT PRICE SUPPLY CONTRACT FOR PRINTING SERVICES. Mr. Bill Eisen, City Manager. Page 6 of 15 — 8/25/2003 M. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-122 — 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 COOPERATION IN THE PURCHASING OF VARIOUS SUPPLIES. Mr. Gordon Island, Purchasing Officer. N. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-119 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING TIMES AND DATES FOR SEPTEMBER 2003. Mr. Bill Eisen, City Manager. O. CONSIDERATION AND POSSIBLE ACTION — ACCEPTANCE OF INVESTMENT REPORT FOR QUARTER ENDING JUNE 2003 BY GOVERNING BODY. Mr. Bill Eisen; City Manager. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Tetens, to adopt Consent Agenda Items A through O, as presented on the Consent Agenda. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA None NEW BUSINESS COUNCIL ACTION — REMOVE FROM THE TABLE ORDINANCE NO. 509-670. City Council. Councilmember Owens made the motion, seconded by Councilmember Tetens, to remove Ordinance No. 509-670 from the table. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Viktorin, and Owens. Voting "No" None. Motion Passed 5 to 0. Page 7 of 15 — 8/25/2003 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. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to approve Ordinance No. 509-670 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. 1117. City Manager, Bill Eisen, stated the communication from the Planning and Zoning Commission from the previous meeting indicated a motion to deny. Mr. Eisen stated the motion did not receive an adequate number of votes passed, and the final action is to forward to Council for approval. Councilmember Viktorin stated situations have occurred where commercial properties have gone in and encroached on residential. He stated this is a situation where residential encroaches on commercial. He gave a brief explanation and description of the lots. Councilmember Seeger stated the area could go either way because half of it is residential and half commercial. He stated logically the transition between residential and commercial should take place. Mayor Pro -Tem Tetens stated plenty of room is left for commercial use. He stated he is in favor of the application. Councilmember Viktorin stated he is in favor of the zone change. In order to make future zoning decisions, he felt the issue should be pointed out. Councilmember Marcott stated Councilmember Viktorin made a good point, and this is an area that needs attention. Page 8 of 15 — 8/25/2003 Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 633-2 — 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 AMEND SECTION 13-18, ENTITLED NOTICE TO OWNER TO REMEDY OR REMOVE CONDITION -- GENERALLY; HAVING 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 HEALTH AND SANITATION 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. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Owens, to approve Ordinance No. 633-2 on its first and only reading. City Manager, Bill Eisen, stated the City's current Ordinance relates to high weeds and grass. The community is requesting enforcement action and notice for those who do not follow the Ordinance. He stated the Ordinance would allow the issuance of certain citations without the granting of the 10 days notice. City Attorney, Darrin Coker, stated if an individual is cited for high weeds one year and the following year is cited repeatedly, the Ordinance would allow the City to penalize multiple offenders without having the 10 days notice. He stated the standard policy would give notice to the first time offenders and allow them the chance to fix the problem. Councilmember Marcott stated there are areas in Pearland the City needs to mow. Councilmember Seeger stated without the Ordinance, this would not be enforceable. Additional discussion ensued among Council and Staff regarding the current Ordinance. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. Page 9 of 15 — 8/25/2003 FIRST READING OF ORDINANCE NO. 1126 — AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003, AND ENDING SEPTEMBER 30, 2004. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Tetens, to approve Ordinance No. 1126 on its first reading. City Manager, Bill Eisen, stated the new version of the Ordinance includes more specific numbers in the area of the major operating funds. Robert Osteen, 2550 Thelma Street, addressed Council and stated he has lived at his residence for 35 years, and each year the flooding gets worst. He stated due to the construction, it continues to get worse. He stated the cost of repair for the homes is more than what they are worth. He hopes Council could appropriate funding for drainage relief in his area. Stephanie Forster, 2551 Thelma Drive, addressed Council and stated she agrees with Mr. Osteen and hopes that Council would appropriate funds for a drainage project in her area. Jan Kneeland, 2626 Thelma Drive, addressed Council and stated her house was built 34 years ago. She requested funds be appropriated for drainage relief on Thelma Drive and O'Day Road. City Manager, Bill Eisen, stated there is $200,000 set aside in the budget for small to medium sized drainage projects. The specific projects will be set for workshops. Councilmember Owens asked if the budget could be a level budget without a tax increase. City Manager, Bill Eisen, stated it is a $250,000 difference without the 1 -cent Tax Rate increase. He stated he is comfortable with the budget as presented and recommends it to Council for approval. Mayor Reid stated issues were translated into the budget based on the Annual Retreat discussions with Council. He stated the proposed budget increase came from Council's recommendation. Councilmember Owens stated there would be two votes on the proposed budget, and he suggest during that period of time, a possible look into the budget should be made to reduce it by $250,000, if possible. Mayor Pro -Tem Tetens stated to also look at what the impact would be for next year if Page 10 of 15 — 8/25/2003 the budget is reduced by $250,000. He stated putting off the tax increase of 1 -cent may hurt the City. He stated doing an increase a little at a time could ensure the growth covering the budget. Councilmember Owens stated he is concerned about the projection of the Sales Tax - increase. Councilmember Seeger stated he feels it is a little late for the request to lower the budget. Council has had a chance to review it and workshops regarding the budget. If the amount is reduced, that amount would still need to be recovered next year. There is nothing in the budget that does not need to take place. Mayor Reid stated the City is fortunate enough to have the current Sales Tax. He stated Pearland is growing, and things are needed. He stated things throughout the City could not be done without a sound budget process. Councilmember Marcott stated the Tax Rate decreased last year, and he thinks there are other projects that do need attention. There are citizens that are requesting water and sewer, which is another fund. In closing, he stated the City has a lot of things to cover with the budget. Mayor Reid stated Councilmember Seeger made a good point regarding the workshops and meetings Council and Staff had regarding the budget. Councilmember Owens stated the question regarding lowering the budget may have been brought up during the meetings, but he is only enquiring whether or not the budget could be reduced. He stated he is only asking the City Manager to review the budget before the final reading. City Manager, Bill Eisen, asked if Council would modify the motion to include another review of the budget. Councilmember Seeger stated time is money and more money would be spent for Staff to review the budget. This has taken place already and more money would be spent for Staff to review the budget again. Councilmember Owens stated all the cities in the surrounding areas are not as fortunate as Pearland; most of those cities are cutting back. He stated the City should look at the budget and make sure it is something Council can stand behind and agree. Councilmember Seeger suggested during the next fiscal year, if the City has an opportunity to save money, take advantage of it as it comes along. Additional discussion ensued among Council and Staff regarding Tax Rate increase and Page 11 of 15 — 8/25/2003 the proposed 2004 budget. Councilmember Seeger called the question. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1127 — AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 2003, AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. Mr. Bill Eisen, City Manager. City Manager, Bill Eisen, stated this item provides for the change in the Tax Rate, an increase of $0.01 and a portion of this amount will go towards operation and debt service. Councilmember Marcott asked about the amounts of $0.345 towards the General Fund and $0.35 Sinking Fund. City Manager, Bill Eisen, gave a brief overview of the Tax Rate break down regarding maintenance and support and the Sinking Fund. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-121 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, UPDATING AND APPROVING THE CITY'S GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT IN A REINVESTMENT ZONE CREATED IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS, FOR PURPOSES OF BRINGING IT INTO COMPLIANCE WITH CURRENT STATE LAWS; CLARIFYING THE DURATION OF TAX ABATEMENT AGREEMENTS AND THE AMOUNT OF TAXES THAT MAY BE ABATED; CHANGING THE MINIMUM CAPITAL INVESTMENT REQUIRED; AND CHANGING THE NOTICE REQUIREMENTS FOR HOLDING PUBLIC HEARINGS FOR TAX ABATEMENT; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND A SEVERABILITY CLAUSE. Mr. Darrin Coker, City Attorney. Page 12 of 15 — 8/25/2003 Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2003-121. City Manager, Bill Eisen, stated State Law allows cities a minimum of every two years for Tax Abatement criteria evaluation. This would allow the City to adopt the guidelines in place for the two-year time period in order to. modify the Tax Abatement Agreements.. Mayor Reid asked if the Resolution needed to include an option for percentages. City Attorney, Darrin Coker, stated those percentages would still be at the City's discretion. Discussion ensued among Council and Staff regarding the Pearland Economic Development Corporation's position and Council's discretion of percentages. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-120 — 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 DUNHAM ENGINEERING FOR ENGINEERING SERVICES ASSOCIATED WITH THE ALICE STREET WATER STATION. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2003-120. City Manager, Bill Eisen, stated this item is regarding an engineering contract for a storage tank located at the Alice Street Water Plant. He stated the current storage tank has been repaired previously and is at a point of no repair. He stated the proposed contract would go to Dunham Engineering in the amount of $40,000. Councilmember Marcott stated he is concerned about the completion date. He stated the City has ran into some problems this year regarding low water pressure and would like to know if this time frame would affect the City next year. A brief discussion ensued among Council and Staff regarding any possible low water pressure problems during the construction of the proposed water tank and quick expedition of the project. Page 13 of 15 — 8/25/2003 Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:14 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 10:06 p.m. COUNCIL ACTION - REGARDING PENDING LITIGATION — CITY FACILITIES. City Council. Councilmember Tetens made the motion, seconded by Councilmember Marcott, to authorize City Attorney to proceed with the potential litigation associated with the City Facilities as directed by the City Council during the Executive Session. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. ADJOURNMENT Meeting was adjourned at 10:07 p.m. Page 14 of 15 — 8/25/2003 Minutes approved as submitted and/or corrected this A.D., 2003. ATTEST: 8th day of September , Tom Reid Mayor Page 15 of 15 — 8/25/2003 THIS PAGE LEFT INTENTIONALLY BLANK