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2000-08-28 CITY COUNCIL REGULAR MEETING MINUTES0�.i MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 28, 2000, 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 Tom Reid Mayor Pro -Tem Klaus Seeger Councilmember Helen Beckman Councilmember Larry Marcott Councilmember Larry Wilkins City Manager Glen Erwin City Attorney Darrin Coker City Secretary Young Lorfing Absent: Councilmember Woody Owens. Others in attendance: Deputy City Manager, Alan Mueller; Executive Director P.E.D.C., Mike Chance; Manager of Administrative Support, Tobin Maples; City Engineer, John Hargrove; Community Relations Liaison, Phibi Vassallos; Public Works Director, Jerry Burns; Assistant City Attorney, Nghiem Doan; Purchasing Officer, Gordon Island; Assistant Police Chief, Johnny Spires; Sr. Civil Designer, C.R. Long. The invocation was given by Councilmember Beckman, and the Pledge of Allegiance was led by City Attorney Darrin. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Seeger to approve the minutes of July 31, 2000, Special Meeting held at 7:00 p.m., the minutes of August 14, 2000, Joint Public Hearing held at 6:30 p.m., the minutes of August 14, 2000, (Budget) Public Hearing held at 7:00 p.m., and the minutes of August 14,2000 Regular Council Meeting held at 7:30 p.m. Voting "Aye" Councilmembers Marcott, Seeger, and Beckman. Voting "No" None. Voting "Abstain" Councilmember Wilkins. Motion Passed 3 to 0, with 1 abstention and Councilmember Owens absent. Page 1 of 20 - 8/28/2000 6) I COUNCIUSTAFF DISCUSSION Mayor Reid introduced Mr. Earl Lairson with the auditing firm Null Lairson, who was present in the audience. Mayor Reid stated that Mr. Lairson has been involved with the City's audit for the last several years and welcomed him and his staff. ADJOURNMENT Meeting was adjourned at 7:35 p.m. Minutes approved as submitted and/or corrected this the i i rh day of -5eptemher , A.D., 2000. Tom Reid Mayor ATTEST: Page 2 of 2 - 8/28/2000 035 MAYOR'S ACTIVITY REPORT Mayor Reid reported on August 15 he attended the HGAC Board of Directors Meeting; August 16 Pearland College Board of Governors Meeting and also attended the Brazoria County Cities Association Meeting; August 17 Gulf Coast Water Authority Meeting; August 22 he met the Beazer Homes Developers; August 23 he attended the PEDC Building Committee Meeting; August 24 the PEDC Mid -Year Update; August 25 he attended the Weatherford Expansion Luncheon. COUNCIL ACTIVITY REPORTS Councilmember Beckman reported on August 16 she attended the Pearland College Board of Governors Meeting and also attended the Brazoria County Cities Association Meeting; August 19 she attended the TML Region 14 Meeting; August 24 she attended the Keep Pearland Beautiful Board Meeting; August 23 Brazoria County Community Development Block Grant Advisory Committee Meeting; August 24 she also attended the PEDC Mid - Year Update. Mayor Pro -Tem Seeger reported on August 16 he attended the Brazoria County Cities Association Meeting; August 24 he also attended the PEDC Mid -Year Update. Councilmember Marcott reported on August 19 he attended the TML Region 14 Meeting; attended the Brazoria County Cities Association Meeting; August 22 attended the Shadycrest Homeowners Association Meeting; August 26 attended the Rustic Oaks Home Owners Association Meeting; August 25 he attended the Neighborhood Center First Annual Masked Ball; August 25 he also attended the PEDC Mid -Year Update. Councilmember Wilkins stated he did not have anything to report. Mayor Reid stated that long time friend and Councilmember in Friendswood Tom Manison, is terminally ill and had a short period of time to live. Mayor Reid further stated that Mr. Manison is also the Director of the Soil and Water Conversation District and is a member of the Board of the Planning Group Region H Water Planning, which is an important group that is planning the future water availability. Page 2 of 20 - 8/28/2000 , - 036 CITY MANAGER'S REPORT City Manager, Glen Erwin, reported that the annual Meet The City Festival is scheduled for October 14, from 10:00 a.m. to 2:00 p.m. in front of City Hall. In the past this has been a great event and well attended. Mr. Erwin further reported that the Staff this year is working to make this event better than ever. Mr. Erwin also reported that the City is preparing cost estimates and identifying sources to provide water and sewer service in the Piper Road area project. He further reported that the Barry Rose Wastewater Treatment Plant expansion project is now complete. The plant is functioning as planned and is well below the limits set by the TNRCC. Mayor Reid reported that Councilmember Owens is in New Orleans attending the Southern United States Highway Department and Transportation Meeting, and is being honored in the region from Georgia to Texas. CITIZENS Juan Mendoza, 4601 Orange Circle, addressed Council and expressed his concerns regarding the truck traffic on Mykawa Street from 518 to Orange Street. He stated he is concerned because of the children playing and School buses stopping in the area. He feels that is a dangerous situation and asked the City to consider doing something with the truck traffic in that area. Mitchell B. Sharp, 1602 Inverness Lane, addressed Council and expressed his concerns regarding the mobility on Dixie Farm. He further stated that when the traffic study is complete he would like to review it. Mr. Sharp also stated that it is getting more difficult to get out of his subdivision and stated that a light is needed at that location. He also stated that the City needs to slow down on new home construction and get the roads going. Mr. Sharp also expressed his concerns regarding the service that he is receiving from his developer. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: None. Mayor Reid with concurrence of Council moved to New Business Item No. 15 FIRST READING OF ORDINANCE NO. 509-483 - 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 3 of 20 - 8/28/2000 C�37 PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 9.469 ACRES OF LAND SITUATED IN THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 15, H. T. & B.R.R. CO. SURVEY, A-241, BRAZORIA CO., TX (APPLICATION NO. 934) (6614 BROADWAY STREET) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) ATTHE REQUEST OF ORLEN W. & MICHAEL P. O'DAY, 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, Director of Administrative Support. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Seeger to approve Ordinance No. 509-483 (Application No. 934) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 934. Charles Upshaw, 6634 Heron Ln, addressed Council and stated that he is a business owner in town, and everybody knows the O'Days in town. Mr. Upshaw stated that he feels that the ordeal, the City has put them through the last three years is ridiculous. He further stated that they needed Council's help to get this resolved and he is for them. Emma Vaughn, 2005 Cullen, addressed Council and stated that she has known the O'Day family for 30 years. They render a great service to the community. Ms. Vaughn stated that she is opposed to the change of this property to Heavy Industrial M-2. Joe McWhorter, 2322 Hawk Meadows, addressed Council and stated that he is the vice- president of his Home Owner's Association. He asked Council for consistency with the Comprehensive Plan and further stated that he is opposed to this land use change. Tom Amundsen, 9447 Gates Loop, addressed Council and stated that he has know the O'Day family for 14 years and does business with them. Mr. Amundsen stated that he is in support of this land use change. Mike O'Day, 6614 Broadway, addressed Council and stated that as Council knows they own O'Day Hardware. He further stated they are asking for a zoning change, not because that is what they want to do. The City has taken them in, and in order for them to do their business, they must change their zone, and what they need from the Council and from their friends that are out here is the understanding to take a look at what they do, analyze what they do, and come up with a zoning system that will work for them. As Page 4 of 20 - 8/28/2000 038 they have analyzed with the Planning and Zoning Commission and City Council the things that they do in their business operation requires them to apply for an M-2. He also stated if they can't supply the services they cannot be competitive. Mr. O'Day stated they like doing business here and asked for Council's help. Suzanne Elliot, 6614 Broadway, addressed Council and stated that all they are asking is to continue doing as they have. At the Joint Public Hearing they did not have any negative comments or complaints from their immediate neighbors. They tryto run a very neat, quiet, orderly business. She further stated that pipe treading and the storage of cement is only allowed in M-2. She also stated that they have very diverse neighbors, they have residences on one side, apartments directly beside them a real estate office that borders the business and a Church across the street, and they have never had any complaints. There is very mixed zone area, and there are seven other M-2 Districts within a half mile of them. Ms. Elliot said that all they are asking for is to operate just as they have done in the past and they will operate with the same consideration toward the neighbors and environment as they have in the past. They take pride in their business and understand zoning is a problem, and cannot retrofit zoning. Growth is the only way to succeed and they ask the Council's consideration so they can continue to do that. Stephanie Edwards, 1821 Garden Road, addressed Council and stated she represent a few of her neighbors and they are in support of the land use change and extend their vote of confidence to the O'Day family. Tom Hodges, 2233 Garden Road, addressed Council and stated that he and his wife own Crane Technologies, and started their business more than 11 years ago and thanked Pat O'Day for their success in Pearland. He stated that you must work with people within your community. You have to be concerned with everyone. Mr. Hodges stated that he is in support of this land use change. Orlen Pat O'Day, 6614 Broadway, addressed Council and stated that he has been a resident of Pearland almost 74 years. Mr. O'Day stated that they are requesting M-2 because they have thread machines, store cement products, outdoor pipe storage, welding machine shop, build equipment in their yard, and light manufacturing. He stated that Council ought to vote unanimously to put M-2 out on their property. Mr. O'Day thanked Council for their consideration. Richard Tetens, 2105 W. Mary's Creek, addressed Council and stated he agrees with what everyone has said about the O'Days and the O'Day business, and we do need them. As far as zoning goes, it goes with the land, we are not zoning people. When you zone the land M-2, it stays that way forever. He stated that M-2 in that area would be Page 5 of 20 - 8/28/2000 G3� adjoining residential, is spot zoning as a prime example. Spot zoning is poor, it is bad, and he encouraged the Council to turn down the M-2 zone on this piece of land. He also encouraged the Council to try to work with the O'Days and work out some type of zoning where they will be able to continue to their current business. Wayne Clark, 2301 N. Main, addressed Council and stated he is Senior Vice -President of Pearland State Bank. It is very seldom that they will take a position to a particular zoning changes. He stated that they feel granting an M-2 for that particular location makes good business and community sense. Mr. Clark asked the Council to consider M-2 for that particular location. Richard R. Williams, 1211 Crystal Lake Circle East, addressed Council and stated that he is representing the Crystal Lake property owner's association. Mr. Williams asked that Council deny the request for this land use to M-2. Mark Haddock, 624 Westfield, addressed Council and stated that he has been in the situation where a business had to be moved after being annexed by the City because he could not grow. He stated the issue is zoning. The City has their rules and regulations, and these rules and regulations cannot be dictated in the manner by which they are hourly business, and not concentrate the spot zoning issues. Wayne Stahlheber, 12811 Eiker, addressed Council and stated he is in support of the land use change of the O'Days property. Diane Leaverton, 2310 Buckholt, addressed Council and stated she is opposed to this zone change and mostly because FM518 is a main corridor through the City, rezoning this land to heavy industrial sets a dangerous precedence of spot zoning which goes against the Comprehensive Plan, and the current land use was grand fathered so, even if the property is sold the current land use continues. Right now the current operator can continue to operate. Rezoning this property to heavy industrial zoning permits a wide range of uses for this land, many of which are inappropriate for residential areas. Connie O'Day, 6213 Dublin, addressed Council and thanked everyone for all their wonderful comments about the O'Day family. She stated that they are not hereto ask for special favors because they are the O'Day's and have lived here forever. They are here to ask for a zone change to meets the guidelines of the type of business they are. As far as spot zoning they do not have a choice there either or does the City when annexing certain areas. In closing she asked the Council to please consider this land use change request. Page 6 of 20 - 8/28/2000 Kyle Hunt, 2922 Veva St„ addressed Council and stated that he feels that should be awarded the M-2 zoning because a company should be allowed to grow with a community. Robert Melinden, 2911 Abbey Field Dr., addressed Council and stated that he is opposed to the O'Day's land use change, he is opposed to designation of M-2. He states that they need to be put into a zoning with some exceptions if possible until something is recategorized so they can continue to do their business and expand. Tom Alexander, 208 Nottingham, addressed Council and stated that he has been trying to upscale Pearland. Mr. Alexander gave a brief overview of the growth of Pearland. He further stated that the businesses are needed to help support a City. Mr. Alexander stated he is for this zoning and does not think it will hurt anyone. John Matejek, 4903 W. Pearland, addressed Council and stated that O'Day Hardware is one of the best companies in town to do business with here. Mr. Matejek stated that in support of the zone change. he is Ruth Hollingshead, 1800 O'Day Road, addressed Council and stated that they have two Pearland properties and they have recently requested M-2 zoning for their property and was granted the request. She stated that she is also in support of this land use change. Lengthy discussion between Council and Staff ensued and after that discussion motion was made to table this item to possibly conduct a workshop or find possible alternatives to the zoning of this property to continue and to expand maintaining their current type of operation. Councilmember Marcott made the motion, seconded by Councilmember Wilkins to table Ordinance No. 509-483 (Application No. 934) on its first reading. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. Mayor Reid with concurrence of Council moved back to New Business Item No. 1. COUNCIL ACTION - RESOLUTION NO. R2000-93 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER Page 7 of 20 - 8/28/2000 041 OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH NULL-LAIRSON, P.C. FOR THE CITY'S FISCAL YEAR 2000 FINANCIAL AUDIT. Mr. Charles G. Yaple, CPA. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2000-93. City Manager, Glen Erwin stated the firm of Null-Lairson has submitted their engagement letter to Council for approval. The approval will allow the firm to continue to conduct the audit for the City for fiscal year 2000. The estimated cost is $37,000 which is reduced because of the commitment of the City Staff to provide financial statements in a timely fashion. Mr. Erwin recommended the approval of this resolution. Councilmember Marcott asked if the City is going to be able to provide the things the auditors need for half the price the audit was last year? City Manager, Glen Erwin, stated that we are producing the financial statements in a timely manner. In the past the firm has had to come in and actually do some of the financial work for us, and that is why the cost was so high for the City. Councilmember asked about an internal control and compliance statement that is in the report, if the audit and is concerned if the information will be open to the public? Charles Yaple, CPA, stated that it is standard language used in the professional standards and the information is available to everyone. Voting "Aye" Councilmembers Beckman, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION - RESOLUTION NO. R2000-94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S FEDERAL SINGLE AUDIT REPORT FOR THE YEAR ENDED SEPTEMBER 30, 1999. Mr. Charles G. Yaple, CPA. Councilmember Marcott made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2000 -94 - Page 8 of 20 - 8/28/2000 n42 Charles Yaple, CPA, gave a brief presentation regarding the single audit report ending September 30, 1999. Councilmember Marcott asked how this audit compares to other cities? Charles Yaples, CPA, stated that the City is in good, actually very good shape. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION - RESOLUTION NO. R2000-88 - 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 ALVIN COMMUNITY COLLEGE/PEARLAND COLLEGE CENTER TO RELOCATE THE CITY'S GOVERNMENT ACCESS CHANNEL BROADCAST'S POINT OF ORIGIN TO THE COLLEGE'S FACILITIES. Mr. Darrin Coker, City Attorney. Councilmember Wilkins made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2000-88. City Manager, Glen Erwin stated the City's point of origin presently is located in Deer Park. This facility is going to be closed by Time Warner and the City has asked Alvin Community College to assist the City by having the point of origin located here in Pearland. The access channel will be located at the college center. Councilmember Marcott asked if the City will have 24 hour access to that area of the college? Deputy City Manager, Alan Mueller, stated that basically everything is being handled by computer. Councilmember Beckman stated now that the point of origin is located in town we will be able to take a video tape over to the facility where currently it is more difficult to do that. Councilmember Marcott asked about if the word "parks" on page 2. Article 2 is the correct word Page 9 of 20 - 8/28/2000 041 City Attorney, Darrin Coker, stated that is an error, and it will be corrected to reference the College. Voting "Aye" Councilmembers Beckman, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION - RESOLUTION NO. R2000-95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RATIFYING EMERGENCY REPAIRS TO THE LONGWOOD WASTEWATER TREATMENT FACILITY. Mr. Gordon Island, Purchasing Officer. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Seeger, to approve Resolution No. R2000-95. City Manager, Glen Erwin the cost of the repairs was $30,927.95, it was an emergency item, therefore, there was not a budget item number for it. It will be taken out of account 030-4042-554.05-00. Mayor Reid stated that in an emergency like this we fix it immediately and come back later to fund it, because it is a health safety issue. Councilmember Marcott asked if there is anything the City can do to get up into the life expectancy of 20 to 25 years for the filters? City Engineer, John Hargrove, stated the expansion of Longwood will give a lot more room to manage the solids and less overloading will help. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION - RESOLUTION NO. R2000-96 - 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 LOCKWOOD, ANDREWS & NEWNAM, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE Page 10 of 20 - 8/28/2000 FAR NORTHWEST WASTEWATER TREATMENT PLANT. Mr. Michael Ross, Project Manager. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2000-96. City Manager, Glen Erwin, stated this will start the engineering process on the regional wastewater treatment required expenditure for this is $806,600. Mayor Pro -Tem Seeger asked since this plant will be utilized by part of the Shadow Creek Ranch Development will the City be reimbursed any part of this funding? Deputy City Manager, Alan Mueller, stated that this was discussed in the budget workshop, and ultimately this will be paid for from the Shadow Creek Ranch Impact Fees. Councilmember Marcott asked if the City is getting interest, if we are lending it to Shadow Creek Ranch? Deputy City Manager, Alan Mueller, stated that the money is not being loaned to Shadow Creek. Mr. Mueller further stated that the City has separate funds, all in one bank account. So basically we are going to over spend the Shadow Creek Ranch Impact Fund until we get money coming in. Since there is enough money in the bank the City can afford to give us a loan. The other option is issue the debt today, so that we have money in that fund to do it, but then we would be paying interest on that debt, whereas, we can pay for the engineering now, and then issue debt a year from now, which will save several hundred thousand in interest payments. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. FIRST READING OF ORDINANCE NO. 986 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING INTENTION TO REIMBURSE PROJECT EXPENDITURES; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. Mr. Alan Mueller, Deputy City Manager. Page 11 of 20 - 8/28/2000 (I 4 Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 986 on its first reading. City Manager, Glen Erwin, stated this ordinance will enable the City to expend the funds previously discussed and then reimburse ourselves when we sell the bonds. Voting "Aye" Councilmembers Beckman, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION - RESOLUTION NO. R2000-97 - 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 WALSH/FREESE & NICHOLS, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE CULLEN WATER PLANT. Mr. Alan Mueller, Deputy City Manager. Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Seeger, to approve Resolution No. R2000-97. Deputy City Manager, Alan Mueller, gave a brief overview of the project. Mr. Mueller stated that it made more sense instead of building two one half million gallon water tanks at two separate location, build one, one million tank at Cullen Blvd. Councilmember Beckman stated that this would be a good location for a pear shaped water tank. Deputy City Manager, Alan Muller, further reported that the new elevated water is going to be built on a concrete pedestal. In the long run there is less maintenance on this type of water tank. Additional discussion between Council and Staff ensued regarding the elevated watertank. Voting "Aye" Councilmembers Beckman, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. Page 12 of 20 - 8/28/2000 - Gds FIRST AND ONLY READING OF ORDINANCE N0.983 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON MYKAWA ROAD IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH BROOKSIDE DRIVE, UPON MYKAWA ROAD IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH BROOKSIDE DRIVE; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION, AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Michael Ross, Project Manager. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Seeger, to approve Ordinance No. 983 on its first and only reading. City Manager, Glen Erwin, stated this request was made by a citizen of Brookside. Upon receiving the request a multi way stop sign analysis was done and it was determined that a 3 -way stop installation was warranted at intersection Mykawa and Brookside Road. Councilmember Wilkins stated that he has had several citizens from area approach him regarding this stop sign. Councilmember Wilkins commended Staff for getting this stop sign ordinance on the agenda for Council consideration. Councilmember Marcott asked if there anything that can be done on Mykawa based on the Citizen's concern that addressed Council earlier? City Manager, Glen Erwin, stated that he made a note and review the situation at that location. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. FIRST READING OF ORDINANCE NO. 985 - AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000, AND ENDING SEPTEMBER 30, 2001. Mr. Jim Causey, Finance Director. Page 13 of 20 - 8/28/2000 fi 4 ? Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 985 on its first reading. City Manager, Glen Erwin, stated that the Council conducted a budget workshop on August 7, 2000 and a Public Hearing on August 14. Mr. Erwin further stated that all statutory requirements have been made and asked to consider the ordinance to approve the budget. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. FIRST READING OF ORDINANCE NO. 984 - 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 2000, AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. Mr. Jim Causey, Finance Director. Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 984 on its first reading. City Manager, Glen Erwin stated levying the tax rate will support the budget that was just approved. Mr. Erwin further stated that $0.435 per $100 of evaluation will go to operation and maintenance in support of the General Fund and $0.26 per $100 of evaluation will be used to retire bond debt. Voting "Aye" Councilmembers Beckman, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION - EXCUSE ABSENCE OF COUNCILMEMBER LARRY WILKINS FROM THE REGULAR COUNCIL MEETING HELD ON AUGUST 14, 2000. City Council. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Seeger, to excuse the absence of Councilmember Larry Wilkins from the regular meeting held on August 14, 2000. Page 14 of 20 - 8/28/2000 Mayor Reid stated that he appreciates the note that Councilmember Wilkins had sent the members of Council explaining his absence. Councilmember Wilkins stated that he appreciated the consideration. Councilmember Beckman stated that she also appreciated the letter, and stated that we look forward to seeing a change. Councilmember Marcott stated both Council meetings and workshops. Voting "Aye" Councilmembers Beckman, Seeger, and Marcott. Voting "No" None. Voting "Abstain" Councilmember Wilkins. Motion Passed 3 to 0, with 1 abstention and Councilmember Owens absent. COUNCIL ACTION - APPOINTMENT OF RICHARD TETENS TO SERVE ON THE PLANNING AND ZONING COMMISSION. City Council. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Seeger to appoint Richard Tetens to serve on the Planning and Zoning Commission. Mayor Reid stated that we are fortunate to have a person that has served on that commission as chairman, three separate time between being Councilmember. Voting "Aye" Councilmembers Wilkins Marcott, Seeger and Beckman. Voting "No" None. Motion Passed 3 to 0, with Councilmember Owens absent. COUNCIL ACTION - REGARDING THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CASTING VOTES FOR CANDIDATES FOR THE TEXAS MUNICIPAL LEAGUE INTERLOCAL RISK POOL BOARD OF TRUSTEES ELECTION. Mayor Tom Reid. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Beckman, to cast the City's vote for Place 11, Greg Ingram, City Manager, City of Levelland (Region 3); Place 12, Mike McGregor, City of Midland Housing Authority Board Member (Region 4); Page 15 of 20 - 8/28/2000 f;4 9 Byron Black, Chairman of the Board of Directors, Central Appraisal District of Johnson City (Region 8); Place 14, Pat Norriss, Nortex Regional Planning Commission (Region 5); to serve on the Texas Municipal League Intergovernmental Risk Pool Board of Trustees. Voting "Aye" Councilmembers Beckman, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION- REGARDING THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CASTING VOTES FOR CANDIDATES FOR THE TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL EMPLOYEE BENEFITS POOL MEMBERS OF REGION 14. Mayor Tom Reid. Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to cast the City's vote for Tom Reid, Mayor, City of Pearland to serve on the TML Intergovernmental Employee Benefits Pool Board of Trustees Region 14. Mayor Reid stated that he has served on this board for the last three years and would like to continue to serve on the board. He represents all the Cities in Region 14 that carry TML Insurance, which is a 18 -county area. Mayor Reid gave a brief overview of the TML Intergovernmental Employee Benefits Pool Voting "Aye" Councilmembers Beckman, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. FIRST READING OF ORDINANCE NO. 509-484 - 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 A SCHOOL ON THE FOLLOWING PROPERTY, BEING 79.5168 ACRES BEING ALL OF LOT 17, SECTION 12, H.T. & B. R.R. CO. SURVEY, A-508, BRAZORIA CO., TX (SPECIFIC USE NO. 89) (MCLEAN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SUBURBAN DEVELOPMENT DISTRICT -SPECIFIC USE (SD -S) AT Page 16 of 20 - 8/28/2000 THE REQUEST OF KENNETH R. BLACK OF COBOURN LINSEISEN & RATCLIFF, INC. AGENT FOR PEARLAND INDEPENDENT SCHOOL DISTRICT 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, Director of Administrative Support. Councilmember Wilkins made the motion, seconded by Councilmember Marcott, to approve Ordinance No. 509-484 (Specific Use No.89 ) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Specific Use No.89 Mayor Reid stated this is for the Pearland Independent School District and their request to put a 7`h, 8'h and 91h grade school and agriculture facility on their property of McLean. Voting "Aye" Councilmembers Beckman, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. FIRST READING OF ORDINANCE NO. 509-485 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING A 10.00 ACRE TRACT OF LAND OUT OF LOTS 28 & 29, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 20, H.T. & B.R.R. CO. SURVEY, A-506, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 937) (SUNRISE LAKE "EAST") FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF KEN CAFFEY, AGENT FOR AMVEST PROPERTIES, INC., 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, Director of Administrative Support. Councilmember Beckman made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 509-485 (Application No. 937) on its first reading. Page 17 of 20 - 8/28/2000 051. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 937. Clinton Wong and Ken Caffey with Amvest Properties gave a short presentation regarding Sunrise Lake East. Councilmember Marcott asked if a traffic study is required? City Engineer, John Hargrove, stated that it would be required east on the exit. Mayor Pro -Tem Seeger stated that he is becoming more reluctant to grant more R -3's and R -4's, but in this particular case he see an exception here because it is a continuation of an existing R-3 subdivision and so far the value of the homes have paid their way and not put a burden on the school district. Councilmember Marcott stated that in other future development he would like to see more R-1 s and R -2s. Voting "Aye" Councilmembers Beckman, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 10:20 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE SECTION 551.071 - CONSULTING WITH CITY ATTORNEY REGARDING POTENTIAL LITIGATION - REGARDING THE CITY'S DETENTION FACILITIES. Mr. Darrin Coker, City Attorney. 2. SECTION 551.074 - PERSONNEL MATTERS - DISCUSSION REGARDING THE APPOINTMENTS OF THE MUNICIPAL COURT JUDGES FOR THE CITY OF PEARLAND. Mr. Darrin Coker, City Attorney. Page 18 of 20 - 8/28/2000 65P 3. SECTION 551.072 -REAL PROPERTY: DISCUSSION REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:31 p.m. COUNCIL ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING THE CITY'S DETENTION FACILITIES. Mr. Darrin Coker, City Attorney. No Council actiorrtaken. COUNCIL ACTION - REGARDING THE APPOINTMENTS OF THE MUNICIPAL COURT JUDGES FOR THE CITY OF PEARLAND. Mr. Darrin Coker, City Attorney. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Seeger, to appoint Glen Chaney to serve as Municipal Court Judge and Edward Sillas, Roy Simmons and Floyd Myers to serve as Associate Judges all for a four-year term Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION -DIRECTION TO STAFF REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. Mr. Darrin Coker, City Attorney. No Council action taken. Meeting was adjourned at 11:33 p.m. ADJOURNMENT Page 19 of 20 - 8/28/2000 051 Minutes approved as submitted and/or corrected this the 11th day of September , 2000. , d, �)l Tom Rei Mayor ATTEST: Page 20 of 20 - 8/28/2000 Cyn THIS PAGE LEFT BLANK INTENTIONALLY