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2000-10-23 CITY COUNCIL REGULAR MEETING MINUTES1-47 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 23, 2000, AT 7:30 P.M., ATTHE PEARLAND COMMUNITY CENTER, 3523 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 Woody Owens Councilmember Larry Marcott Interim City Manager Alan Mueller City Attorney Darrin Coker City Secretary Young Lorfing Absent: Councilmember Larry Wilkins. Others in attendance: Police Chief J.C. Doyle; City EngineerJohn Hargrove; Public Works Director Jerry Burns; Assistant City Attorney Nghiem Doan; Project Manager Michael Ross; Manager of Administrative Support Tobin Maples; Community Relations Liaison Phibi Vassallos; Parks and Recreation Director Ed Hersh; Director of Finance Jim Causey. The invocation was given by Councilmember Beckman and the Pledge of Allegiance was led by Police Chief J.C. Doyle. Councilmember Beckman made the motion, seconded by Councilmember Owens, to approve the minutes of the October 2, 2000, Special Meeting held at 6:30 p.m., the minutes of the October 9, 2000, Joint Public Hearings held at 6:30 p.m., the minutes of the October 9, 2000, Regular Council Meeting held at 7:30 p.m., and the minutes of the October 16, 2000, Special Meeting held at 6:30 p.m. Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. MAYOR'S ACTIVITY REPORT Page 1 of 19 - 10/23/2000 Mayor Reid reported that Councilmember Wilkins had an emergency in the family and will not be attending the meeting. Mayor Reid, Councilmember Owens and Councilmember Marcott presented Christian Helping Hands with a proclamation proclaiming, November 18, 2000 as "Holiday Harvest Food Drive Day". Mayor Reid introduced former Friendswood Mayor Evelyn Nueman and welcomed Ms. Nueman to the meeting. Mayor Reid reported on October 10 he was interviewed by two students regarding Pearland History Week; October 11 he attended the Adult Reading Center Board of Directors Meeting; October 12 the Mayor attended the Kiwanis Club Luncheon and also attended the Czech Heritage Society activities and presented them with a proclamation; he also attended a meeting between the City and the School District; October 13 he attended the Chamber Breakfast and was also interviewed by some students; October 14 the Mayor attended the Meet the City Fall Festival; October 16 he was interviewed by a school class and attended a Council Workshop; October 17 Mayor Reid met with the HGAC Board of Directors and presented the Golfcrest Country Club a proclamation proclaiming October 17, 2000 as "Golfcrest Country Club Day"; October 18 he attended the Chamber Monthly Luncheon, toured the Pearland College campus and attended the Brazoria County Cities Association Meeting; October 19 Mayor Reid attended the Leadership Council Meeting and met with the Gulf Coast Water Authority Board of Directors and with the Bay Area Transportation Partnership Board; October 21 he attended the Pearland Historical Society Annual Meeting; October 22 he attended the Gulf Coast Czech Heritage Society Celebration. COUNCIL ACTIVITY REPORTS Councilmember Beckman reported on October 11 she attended the Adult Reading Center Board Meeting; October 14 she attended the Meet the City Fall Festival; October 18 she attended the Library Board Meeting; October 17 Councilmember Beckman attended the Chamber Luncheon; October 19 she attended the Leadership Council Meeting and met with the College Outreach Program; October 21 she attended the Citizens Police Academy Alumni Association Meeting. Councilmember Owens reported on October 14 he attended the Meet the City Fall Festival; he attended the Christian Helping Hands Meeting and the Chamber Meeting; he also toured the Pearland College Center and attended the Golfcrest Country Club dedication. Page 2 of 19 - 10/23/2000 149' Councilmember Seeger reported on October 12 he attended the meeting between the City and the School District; October 14 he attended the City Fall Festival; October 19 he attended the Pearland Life monthly meeting. Councilmember Marcott reported on October 14 he attended the Meet the City Fall Festival and complimented the Public Works Department for the Dunking Booth and Pie Throw; he attended the Golfcrest Country Club dedication; he attended the Chamber Luncheon and visited the Headstart Program at the Pearland Neighborhood Center; he also attended the Brazoria County Cities Association Meeting. CITY MANAGER'S REPORT Interim City Manager, Alan Mueller, briefly addressed the proposed dates for the Council's Annual Retreat that will be held in January or February. He gave an update on the EMS bike patrol and further stated the Police department is in the process of getting their bike patrol trained and both bike patrols should be out active on Halloween. Mr. Mueller further reported that the expansion of Mary's Creek Trail to the east has been completed and reminded everyone that October 28`h is the Annual Dog Trot. He also informed Council that the Parks Department has planted wildflower seeds along John Lizer Road and in the vacant field by the library. In closing, Mr. Mueller stated that due to electrical problems the City Hall power has been on and off all day and that is why the meeting was moved to the Community Center. The repairs should be made in the next few days and City Hall will have full power and air conditioning again. CITIZENS Donald Hurta, 12703 Britt Road, stated that he has a copy of the TNRCC site review of the CHEMCENTRAL location, conducted March 2Vh by Joshua S. Shasvoer. He states that Mr. Shasvoer, along with the General Manager of CHEMCENTRAL, looked at the proposed site and talked about what all is going to go on at CHEMCENTRAL. Mr. Hurta stated that he wants everyone to read the review since it states that the site cannot be approved because of the inability on the company's part of meeting the distance requirements. The review also recognizes the hazardous material of the chemicals listed on the application. The company handles hazardous air pollutants and there is a very high risk to life and health in the case of a spill or leak. They are proposing to construct near a residential community and within a mile of an elementary school. The review goes on to state that the site causes concern because of the close location to Mykawa Road. The review recommends that the Permits Administrative Review deny the permit for the location. Mr. Hurta asked why the council voted on this if the review came out before they voted. He wants to know if they had read this at all before voting yes. He wants to know Page 3 of 19 10/23/2000 50 how this happened if the permit was denied. He suggests maybe the report got"lost" while at City Hall. Mayor Reid stated that in the report CHEMCENTRAL was not asking to be exempt from going through the permit process and he asked Interim City Manager, Alan Mueller, to respond. Interim City Manager, Alan Mueller, stated that the review was done by an investigator that was under the impression that CHEMCENTRAL was going to apply to exempt the air quality rules and under those rules that report is correct. CHEMCENTRAL never actually applied for that exemption. They followed through with all the requirements they have to go through and the application has been declared complete. Mr. Mueller stated that the report would only be correct if CHEMCENTRAL was trying to be exempt from the air quality rules, which they have not tried to do. Mr. Hurta stated that the report did not say they were trying for exemption. He says that none of that is written in the report. Interim City Manager, Alan Mueller, stated that has been the problem with this whole situation, a lot of people have had half the information and not all of it. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 450-26 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 450 AS THE SAME MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, FOR THE PURPOSE OF ESTABLISHING AND REESTABLISHING CLASSIFICATIONS AND NUMBER OF AUTHORIZED POSITIONS IN THE CLASSIFIED SERVICE OF THE CITY OF PEARLAND, PURSUANT TO SECTION 143.021 OF THE LOCAL GOVERNMENT CODE OF THE STATE OF TEXAS; PROVIDING A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A REPEALER CLAUSE, AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Mr. J.C. Doyle, Police Chief. B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 870-3 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING CHARGES FOR WATER AND Page 4 of 19 - 10/23/2000 151 SEWER SERVICES FURNISHED BYTHE CITY, AS PROVIDED IN CHAPTER 30, ARTICLE II, SECTION 30-38 OF THE CODE OF ORDINANCES; REPEALING PREVIOUS WATER AND SEWER SERVICE RATE SCHEDULES; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION, AND AN EFFECTIVE DATE. Mr. Jim Causey, Finance Director. C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING ORDINANCE NO. 989 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A MUNICIPAL COURT TECHNOLOGY FUND; PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A MUNICIPAL COURT TECHNOLOGY FEE; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE, AN EXPIRATION DATE, AND FOR PUBLICATION. Mrs. Mary Hickling, Director of Administrative Services. D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-490 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 8.8585 ACRES, H. T. & B. R.R. CO. SURVEY, SECTION 19, A-243, BRAZORIA COUNTY, TEXAS AND BEING OUT OF AND A PART OF LOT 9 OF THE ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGE 23 & 24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO.941)(CULLEN BOULEVARD @ HUGHES RANCH ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF PARADISE CEMETERY SOUTH, 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, Manager of Administrative Support. E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-492 - 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 5 of 19 - 10/23/2000 152 PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING .7868 ACRES OF LAND OUT OF AND PART OF THE COMMERCIAL RESERVE IN BLOCK 12, WEST LEA SUBDIVISION, SECTION 2, ACCORDING TO VOLUME 11, PAGE 69 AND VOLUME 12, PAGE 23, BOTH OF PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 939) (MANVEL ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-1) AT THE REQUEST OF GLEN R. JONES, 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, Manager of Administrative Support. F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-493 - 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 SOUTH 1/20F THE NORTH 1/2 OF LOT 2, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 20, H.T.& B. R.R. CO. SURVEY, A-506, PAGE 20F THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS; ALSO KNOWN AS TRACT 2B (APPLICATION NO. 944) (SOHO DRIVE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R- 1) AT THE REQUEST OF DAVID P. AND KIMBERLY A. NORTHUP, 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, Manager of Administrative Support. Councilmember Beckman made the motion, seconded by Councilmember Owens, to adopt the Consent Agenda Items A through F as presented on the Consent Agenda, on their second and final reading. Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott. Voting "No" None. Motion Passed 4 to 0, .with Councilmember Wilkins absent. Page 6 of 19 - 10/23/2000 153 MATTERS REMOVED FROM CONSENT AGENDA None. NEW BUSINESS COUNCIL ACTION - RESOLUTION NO. R2000-121 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN ADDENDUM TO THE SITE LEASE AGREEMENT WITH METRICOM, INC. TO CLARIFY THE TENANT'S LIABILITY FOR EARLY TERMINATION. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Marcott, to approve Resolution No. R2000-121. Interim City Manager, Alan Mueller, stated Metricom, Inc. is a company that the City has entered into a release a few months ago to place communication antennas on the Alice Street elevated water tower. Within that agreement it states that if the company terminates the lease early they owe the City a six month lease payment, as a broken lease penalty. One small issue is that the agreement should be amended to state that the last six months of the agreement ,if broken, Metricom will only owe the remaining amount. r-- Voting "Aye" Councilmembers Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. COUNCIL ACTION - RESOLUTION NO. R2000-127 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, GRANTING THE CONSENT OF THE CITY OF PEARLAND, TEXAS, TOTHE CREATION OF BRAZORIACOUNTY MUNICIPAL UTILITY DISTRICT NO. 21. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Seeger madethe motion, seconded by Councilmember Owens, to approve Resolution No. R2000-127. Interim City Manager, Alan Mueller, stated that the City has an agreement with Lennar Homes, a development off of Highway 6 in the far southwest corner of the City's Extraterritorial Jurisdiction (ETJ). Part of that agreement and the strategic agreement was that the City would consent to the formation of two Municipal Utility Districts (MUD), within that property, subject to the agreement consented within those agreements. Mr. Mueller stated that the City cannot formally consent to the MUD at that time because the petition Page 7 of 19 - 10/23/2000 154 had not been submitted. He further stated the City agreed to consider the formation of the MUD once petition was submitted in line with the consent conditions. Additionally, this is the same action that is being requested for the item that Council is going to consider next. Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. COUNCIL ACTION - RESOLUTION NO. R2000-128 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, GRANTING THE CONSENT OF THE CITY OF PEARLAND, TEXAS, TO THE CREATION OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 22. Mr. Darrin Coker, City Attorney. Councilmember Marcott made the motion, seconded by Councilmember Owens, to approve Resolution No. R2000-128. Interim City Manager, Alan Mueller, stated his comments are the same as addressed in the previous item . Voting "Aye" Councilmembers Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. COUNCILACTION-CHAMBER OF COMMERCE CHRISTMAS PARADE APPLICATION. Mr. J.C. Doyle, Police Chief. Councilmember Beckman made the motion, seconded by Councilmember Owens, to approve the Chamber of Commerce's Christmas parade route. Interim City Manager, Alan Mueller, stated this is the consideration of the annual Christmas Parade application the Chamber holds every year. He stated this is not a standard parade route, therefore it requires Council's approval. This parade route requires the closure of FM518 from Old Alvin Road to Liberty Drive. Page 8 of 19 - 10/23/2000 15.5 Police Chief, J.C. Doyle, addressed Council and stated that the Police Department does not have any objections to the Chamber's Christmas Parade and the department is prepared to assist with the parade. Chamber Representative, Judy Perkins; addressed Council and stated the date of the parade is December 2nd, the first Saturday in December. It is the sixth annual Christmas Parade and is a wonderful event and always has a great turnout. Ms. Perkins further stated that thousands came out last year an hour early, sitting in the rain to see the parade. In closing, she stated it is a wonderful community event and it will begin at 6:30 p.m. Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. COUNCIL ACTION REGARDING A PETITION TO APPEAL THE DECISION OF THE PLANNING & ZONING COMMISSION FOR THE CITY OF PEARLAND ON OCTOBER 2, 2000 FOR TOWNE LAKE ESTATES SUBDIVISION BY RENEE' L. WEST MANAGER OF WESTCAM GP, LLC. Mr. Darrin Coker, City Attorney. This item was passed, no Council action taken. COUNCIL ACTION - REGARDING COUNCIL RECEIVING A PETITION REQUESTING THE ANNEXATION OF APPROXIMATELY 30 ACRES AS REQUESTED BY R. WEST DEVELOPMENT COMPANY, INC. Mr. Tobin Maples, ManagerofAdministrativeSupport. Councilmember Owens made the motion, seconded by Beckman, to accept the petition requesting the annexation of approximately 30 acres as requested by R. West Development Company, Inc. Interim City Manager, Alan Mueller, stated this is the first step in the annexation process and Council needs to act on this request. if the Council votes affirmatively then the Staff will prepare the service plan, schedule and hearing process. The action this evening would not commit the City to the annexation, it will grant permission to start the process. Councilmember Marcott asked if there is any other annexation they are planning in this area. Page 9 of 19 - 10/23/2000 156 Interim City Manager, Alan Mueller, stated the only property that is left is the big Harris County detention pond. Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. COUNCIL ACTION - SUBDIVISION ACCEPTANCE OF SOUTH HAMPTON SECTION ONE. Mr. John Hargrove, City Engineer. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Owens, to accept South Hampton Section One Subdivision. Interim City Manager, Alan Mueller, stated that everything is in order to accept this subdivision. Voting "Aye" Councilmembers Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. COUNCIL ACTION - RESOLUTION NO. R2000-120 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING BID NO. B2000-098 FOR THE REPLASTERING OF THE INDEPENDENCE PARK SWIMMING POOL, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR SAID ITEM. Mr. Ed Hersh, Parks and Recreation Director. Councilmember Marcott made the motion, seconded by Councilmember Owens, to approve Resolution No. R2000-120. Interim City Manager, Alan Mueller, stated that this is the work that needs to be done at the swimming pool as mentioned by Parks and Recreation Director, Ed Hersh, last year. In the event bond issue did not pass, and the City could not build a new swimming pool, the Independence Park Swimming Pool will need major replastering. The bill is larger than the budgeted amount and Mr. Hersh will be making up the difference from other areas in his department's budget. Mr. Mueller recommends that Council approve this. Page 10 of 19 - 10/23/2000 157 r— Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. COUNCIL ACTION - RESOLUTION NO. R2000-123 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND TEXAS, AWARDING BID NO. B2000-074 FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE FITE ROAD AND HARKEY ROAD SANITARY SEWER IMPROVEMENTS, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR SAID CONSTRUCTION SERVICES. Mr. Michael Ross, Projects Manager. Councilmember Beckman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2000-123. Interim City Manager, Alan Mueller, stated this is a major sewer collector project that will be delivering sewage to the SW EC Wastewater Treatment Plant. The project starts at the plant at Harkey and Magnolia, it goes north to Fite Road and west on Fite Road all the way to Old Chocolate Bayou Road. At that point the City will also do some work to reconfigure the force main coming from Edgewater Estates and it will be intercepted by this new line as well as the force main coming from Sunrise Lakes will be reconfigured to travel into this line. This will help relieve the line on FM518. This is one of the State Loan Projects that has been in the works since late 1997. The budgeted amount, $3.1 million, was the budget they came up with 2 1h years ago. The actual bid is much lower than that. There are six projects that are funded through the State Revolving Fund (SRF) loan. The City is completing the first six projects and we are going to see what is left over. Then the City will prioritize how to spend the remaining funds. Voting "Aye" Councilmembers Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. COUNCIL ACTION - RESOLUTION NO. R2000-119 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE RELOCATION OF EXISTING Page 11 of 19 -10/23/2000 LW CITY UTILITIES FOR THEIR ATTACHMENTTO THE NEWLY CONSTRUCTED BRIDGE OVER HICKORY SLOUGH. Mr. Michael Ross, Projects Manager. Councilmember Owens made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2000-119. Interim City Manager, Alan Mueller, stated this project is partially funded by federal funds and the City has an existing agreement with TxDot for the actual funding participation for the bridge itself. Part of that agreement does state that it is the City's responsibility to clear the right of way of any existing obstructions, including utilities. The supplemental agreement allows the City to bid and construct the relocation of those utilities as part of the construction contract. It states the City is responsible for 100% of the funding rather than the City going out ahead of the project and moving them temporarily after the project is complete, hanging them on the bridge. Councilmember Marcott asked if this money is for moving the utilities up and down that right of way plus the bridge. Interim City Manager, Alan Mueller, stated there are two projects on Mykawa, the bridge itself, which goes from McHard Road to just south of the bridge and the rest of the project starts at McHard Road and goes north. This project is just for the bridge project. Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. COUNCIL ACTION - RESOLUTION NO. R2000-125 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEETO ENTER INTOA CONTRACT WITH CROSSLAND ACQUISITION, INC. FOR ACQUISITION SERVICES ASSOCIATED WITH THE GARDEN ROAD WATER LINE IMPROVEMENTS. Mr. Michael Ross, Projects Manager. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Owens, to approve Resolution No. R2000-125. Voting "Aye" Councilmembers Marcott, Seeger, Owens, and Beckman. Voting "No" None. Page 12 of 19 - 1012312000 159 Motion Passed 4 to 0, with Councilmember Wilkins absent. COUNCIL ACTION - REGARDING THE APPOINTMENT(S) OR REAPPOINTMENT(S) TO THE BOARD OF DIRECTORS OF TAX INCREMENT REINVESTMENT ZONE NO. 2. Mr. Alan Mueller, Interim City Manager. Councilmember Marcott made the motion, seconded by Councilmember Owens, to reappoint Nigel Harrison to Position No. 3, Gary Cook to Position No. 4 and James McFeron to Position No. 5, to serve a two-year term on the Tax Increment Reinvestment Zone No. 2 Board of Directors. Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. COUNCIL ACTION -REGARDING THE DESIGN OF ANEW WATER TOWER. Mr Alan Mueller, Interim City Manager. Councilmember Beckman made the motion, seconded by Owens, to adopt the Pedesphere design for the new water tower. Lengthy discussion ensued between Council and Staff regarding the various styles of water towers, maintenance requirements and aesthetics of each style. After the discussion Mayor Reid called for the vote. Voting "Aye" Councilmembers Beckman, Marcott. Voting "No" Councilmembers Owens and Seeger. Due to a tie -vote Mayor Reid voted to break the tie. Voting "No" Mayor Reid. Motion Failed 3 to 2. COUNCIL ACTION - RESOLUTION NO. R2000-122 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER Page 13 of 19 - 10/23/2000 1GO OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF ALVIN FOR PARTICIPATION IN A WATER STUDY FOR THE MID-BRAZORIA COUNTY AREA. Mr. Alan Mueller, Interim City Manager. Councilmember Owens made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2000-122. Interim City Manager, Alan Mueller, stated the City of Alvin is organizing a group to investigate the feasibility of buying some water rights that are potentially for sale from one of the plants in Chocolate Bayou. The idea is that they try and create a large water district or fresh water supply district within Brazoria County. This is a study to analyze whether or not that makes sense or not. The City's cost for proposed participation in the study is $5,000. He further stated that funding is allocated for this type of studies as they come along. Mayor Reid stated that with the capacity options disappearing on Brazos River water, we need to grab every opportunity to take a look at it and study it. Councilmember Marcott stated he agrees the City needs to do that and carrying those options forth because we may need the water in the future. He further stated that he feels we should commit to some of these and sell the water if it is available and recover it when it is needed. Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. COUNCIL ACTION - RESOLUTION NO. R2000-118 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY OF PEARLAND'S PARTICIPATION IN THE BRAZORIA COUNTY APPRAISAL DISTRICT. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2000-118. Interim City Manager, Alan Mueller, stated that Pearland is in three different counties Brazoria, Harris and Ft. Bend. For the properties that are currently in the City, that are in the other counties, the City has the option to have those other counties appraise those Page 14 of 19 - 10/23/2000 161 properties and have Brazoria County consolidate it all for the City. Brazoria County's Staff could go out and do the appraisals in the other counties. He explained that in the past, for example, Green Tee is appraised by Harris County Appraisal District. They forward all that information to Brazoria County Appraisal District and it is all consolidated to one tax roll for the City. Brazoria County MUD No. 18 now has a section that is within Harris County which is the Bellavita area. Brazoria County Appraisal district has asked the City to adopt this resolution which will allow Brazoria County to do the appraisal work within all of MUD No. 18. Voting "Aye" Councilmembers Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. COUNCIL ACTION - RESOLUTION NO. R2000-124 - A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A SUPPLEMENTAL CONTRACT WITH WALSH/FREESE AND NICHOLS, INC. FOR ADDITIONAL ENGINEERING SERVICES ASSOCIATED WITH THE DIXIE FARM ROAD WATER AND SEWER PROJECT. Mr. Alan Mueller, Interim City Manager. Councilmember Marcott made the motion, seconded by Councilmember Owens, to approve Resolution No. R2000-124. Interim City Manager, Alan Mueller, stated when the City first contracted to do this project, the sewer project stopped at Mary's Creek Bypass because it was assumed that a lift station would be needed to lift the sewage at the Bypass. The base project consisted of gravity sewer from Mary's Creek Bypass to Broadway, a pump station at Broadway/Dixie Farm Road and force main along Dixie Farm Road to McDonald and interception of the McDonald trunk sewer and a new gravity sewer along Dixie Farm Road to the Longwood Wastewater Treatment Plant. He further stated that Staff is recommending the project limits for the gravity sewer be extended to Oakbrook Drive and approximately 1,000 feet of force main from Oakbrook lift station to Dixie Farm Road be added to the project. By doing this the City is able to eliminate one lift station that has been anticipated. Councilmember Marcott stated if a lift station has been eliminated from the project he did not see any credit in these documents. Page 15 of 19 - 10/23/2000 162 Interim City Manager, Alan Mueller, stated the lift station is not in the contract. The project was stopped short of where the lift station would have been. In the long run, the City is eliminating what we thought would be a lift station in the Impact Fee Study. In the Study, a lift station was anticipated at Mary's Creek Bypass but that was not within this design contract. Mr. Mueller further addressed the depth requirements for the lift station and the running of the line under Mary's Creek Bypass without a lift station. Additional discussion between Council and Staff ensued regarding the agreement. Voting "Aye" Councilmembers Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. COUNCIL ACTION - RESOLUTION NO. R2000-126 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A LEASE AGREEMENT WITH THE BRAZORIA COUNTY TAX ASSESSOR/COLLECTOR'S OFFICE FOR THE PURPOSE OF PROVIDING OFFICE SPACE FOR REAL PROPERTY TAX COLLECTION SERVICES. Mr. Darrin Coker, City Attorney. Councilmember Beckman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2000-126 eliminating the indemnification clause. Interim City Manager, Alan Mueller, stated this lease establishes that Brazoria County will not charge the City to collect City property taxes and the City will not charge them rent for the room they are going to be using, basically it is a wash. The expense that the City will have is a one-time expense. The County needs to build a customer service counter that will be in their room. They have maintenance people that will build it. The estimated cost of the materials is approximately $1,800 and since it is a permanent fixture the City will retain the counter if the lease is ever broken. City Attorney, Darrin Coker, stated that it is a recommendation of both entities to remove the indemnification clause from the lease agreement. Typically the City does not have those with other governmental entities. Councilmember Marcott asked if this is just a tax office or will the County also have voting in that office. Page 16 of 19 - 10/23/2000 163 City Attorney, Darrin Coker, stated he did not know about voting, however, they will be selling license plates from this location. Councilmember Marcott had concerns regarding renting out the Community Center facility and also having voting at the same.time. He stated that is something to be considered. Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent FIRST READING OF ORDINANCE NO. 509-494 - 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 11.983ACRES OUTOFA27.056ACRE TRACT OUT OF A 48.035 ACRE TRACT BEING THE EASTERLY PART OF A 94.243 ACRE TRACT IN THE F.B. DRAKE SURVEY, A-1181, AND THE H. T. & B. R.R. CO. SURVEY, A-413, HARRIS COUNTY, TEXAS, AS RECORDED IN VOLUME 1288, PAGE 299, DEED RECORDS OF HARRIS COUNTY, TEXAS (APPLICATION NO. 950)(3350 S. SAM HOUSTON PARKWAY EAST) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF, MICHAEL J. PLANK, 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, Manager of Administrative Support. Councilmember Owens made the motion, seconded by Councilmember Marcott, to approve Ordinance No. 509-494 (Application No. 950) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 950. Voting "Aye" Councilmembers Marcott, Seeger, Owens, and Beckman. Voting "Aye. Voting "No" None. Page 17 of 19 - 10/23/2000 164 Motion Passed 4 to 0, with Councilmember Wilkins absent. FIRST READING OF ORDINANCE NO. 509-495 - 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 .76 ACRES OF LAND SITUATED IN A 10 ACRE TRACT IN THE SOUTH'/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE G.C. SMITH SURVEY, SECTION 16, A-546, BRAZORIA COUNTY, TEXAS; (CALLED LOT7OFTHE UNRECORDED SHARONDALE SUBDIVISION) (APPLICATION NO. 949) (6034 SHARONDALE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-1) AT THE REQUEST OF BRUCE L, REGLING, 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, Manager of Administrative Support. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Marcott, to approve Ordinance No. 509-495 (Application No. 949) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 949. Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:30 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY: REGARDING POTENTIAL LITIGATION - ASSOCIATED WITH THE Page 18 of 19 - 10/23/2000 165 ACQUISITION OF PROPERTY. Mr. Alan Mueller, Interim City Manager. 2. SECTION 551.074 - PERSONNEL MATTERS: DISCUSSION REGARDING THE INTERIM CITY MANAGER. City Council. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 10:52 p.m. COUNCIL ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING POTENTIAL LITIGATION - ASSOCIATED WITH THE ACQUISITION OF PROPERTY. Mr. Alan Mueller, Interim City Manager. This item was passed, no Council action taken. COUNCIL ACTION -REGARDING THE INTERIM CITY MANAGER. City Council. Councilmember Beckman made the motion, seconded by Councilmember Owens, to adopt the contract with the Interim City Manager as discussed. Voting "Aye" Councilmembers, Marcott, Seeger, Owens, and Beckman Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. OTHER BUSINESS: XII. ADJOURNMENT Meeting was adjourned at 10:53 p.m. Minutes approved as submitted and/or corrected this the 13'h day ovember, 2000. ATTEST: Tom Reid Y/ohng Lo n Mayor y Sec ary Page 19 of 19 - 10/23/2000 166 THIS PAGE LEFT BLANK INTENTIONALLY