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2000-11-13 CITY COUNCIL REGULAR MEETING MINUTES17t MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 13, 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 Interim City Manager Alan Mueller City Attorney Darrin Coker City Secretary Young Lorfing Absent: Councilmember Woody Owens. Others in attendance: Police Chief J.C. Doyle; City Engineer John Hargrove; Public Works Director Jerry Burns; Project Manager Michael Ross; Manager of Administrative Support Tobin Maples; Community Relations Liaison Phibi Vassallos; Assistant Police Chief Johnny Spires; Director of Administrative Services Mary Hickling; Purchasing Officer Gordon Island. Human Resource Coordinator Wendy Standorf; Grants Coordinator Chris Kidwell; Fire Chief Paul Jamison. The invocation was given by Councilmember Wilkins and the Pledge of Allegiance was led by Mayor Pro -Tem Seeger. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Seeger, to approve the minutes of the October 23, 2000, Joint Public Hearings held at 6:30 p.m., the minutes of the October 23, 2000. Voting "Aye" Councilmembers Marcott, Seeger, and Beckman. Voting "Abstain" Councilmember Wilkins. Voting "No" None. Motion Passed 3 to 0, with Councilmember Wilkins abstaining and Councilmember Owens absent. Page 1 of 21 - 11/13/2000 17? MAYOR'S ACTIVITY REPORT: Mayor Reid introduced Pearland Post Office Post master, Chuck Kelley, who is also a Councilmember in League City. Mayor Reid reported on October 24th he attended the Recycle Center Committee Meeting for Keep Pearland Beautiful and attended the Chamber Open House for Union Planter Bank; October 26th the Mayor attended the Ribbon Cutting for Physical Therapy Office, Chris Brazzy Insurance Company and Dental Care Associates; October 281h he attended the Dog Trot awards; and he presented the "Bowling for Books Proclamation" at the Bowl- a-Thon; October 291h he presented Silverlake Church with a Proclamation; he also attended the Chamber Trade Fair; November 1" he attended the ground breaking for Rollac Shutters; he also attended the Workshop meeting with Council and the PEDC Board; November 2nd he attended a meeting with Developers; November 6th the Mayor attended the Council Workshop and the Council Special Meeting; November 7`h he attended the AARP Monthly Meeting; November 8th he met with the Adult Reading Board of Directors; he also attended the PAID Meeting; he also attended the Brazoria County Cities Association Meeting; November 91h the Mayor attended the Brazoria County Tax Abatement Committee Meeting; and also attended the Keep Pearland Beautiful Recycle Center Committee Meeting, the Southeast Economic Development Committee Meeting; the Mayor also attended the HGAC Home Rule Caucus; November 11`h he attended the Veteran's Day Ceremony at ProPlay; and also attended the Open House for Fondren Orthopedic Group. COUNCIL ACTIVITY REPORTS: Councilmember Beckman reported on October 25th she attended the Community Development Block Grant Meeting; October 26th she attended the first Committee Meeting of Tour De Lites; October 281h she attended the High School Explorer state competition; attended the Partners of Pearland Bowl-a-Thon; October 291h she attended the Pearland Hobby Chamber of Commerce Trade Fair; November 191 she attended the Rollac Shutters Ground Breaking; November 2nd she attended the Pearland College Center Advisory Meeting then the Open House at Lawhon Elementary for the Mykawa Road widening project ; November 4th she attended the Citizens Police Academy Alumni Association picnic; November 91h the 12th class graduated from the Citizens Police Academy; November 8th she also attended BCCA in Lake Jackson and toured the new Civic Center in Lake Jackson. Mayor Pro -Tem Seeger reported that he also attended the Police Academy Graduation; Bowl-a-Thon and also attended the monthly informational meeting with the School Board. Page 2 of 21 - 11/13/2000 171 Councilmember Marcott reported that he attended the Dog Trot; the Chamber Trade Fair; November 9`h he attended the Mykawa Project Open House; He also attended the BCCA Monthly Meeting and toured the Civic Center in Lake Jackson; Councilmember Marcott further reported he attended the HGAC Home Rule Caucus. Councilmember Wilkins reported the Pearland Lions Club held their 491h Annual Turkey Shoot and received approximately $30,000. He complimented the Staff for conducting the PEDC Workshop Meeting last week. CITY MANAGER'S REPORT: Interim City Manager, Alan Mueller, introduced Chuck Kelley, Postmaster of the Pearland Post Office, and stated the Postal Service is planning to build a new facility in Pearland. Mr. Kelley addressed Council and stated they plan on keeping the old Post Office open as well. He introduced Larry Andrews the Project Manager, and Ken Wood who is also a real estate specialist and will be handling everything with the City Council Mr. Ken Wood addressed Council and stated this will be the first full service station for Pearland which Mr. Kelley needs. He further stated the new station will be taking care of the north-northwest section of town, which is Zone 84. The new building will 27, 026 square feet inside. They are looking for 4 to 5 acres of land, for this building. The Post Office has an agreement with Congress to look into other existing quarters. He states that if suitable alternatives are not found then they will be building a new station. It will house the Zone 84 Carriers, around 45 rural routes and 4 City routes. Customer parking space will be able to hold 55 vehicles, and 66 employees, with three official spaces and 6 handicap spaces. The building will contain a retail store. He stated that the station in Galveston is similar to the one that will be built in Pearland. After tonight the Postal Service will come into the Town and talk to the citizens so they can receive Citizen input regarding the new Post Office. There will be thirty days for the Citizens to ask questions, give advice and talk with them. In most cases a lot of people ask question if this is replacing the old Post Office, which is not the case here. He welcomes everyone, including Council and the Mayor to voice their comments to them. After the thirty day periods, then Mr. Andrews will be advertising for sites, and when he does and no alternative sites are available or suitable then they will start selection process on sites. After Mr. Andrews has selected potential sites, he will notify the Mayor and Council of all the sites available and they will narrow it down to the best site and an alternate site in case something goes wrong. There will be waiting time for all this. He asked if any one has any questions. Page 3 of 21 - 11/13/2000 174 Councilmember Wilkins stated that he would like to see a nice wide parking lot. He further stated he has had numerous complaints from Citizens regarding the current parking lot. Mr. Wood states that there will be plenty of parking space at the new facility. Mr. Kelley stated that they are looking into the expansion of the current parking at the Post Office after the new station opens. The new station will greatly relieve the amount of traffic at the current post office. Mayor Reid suggests that the Postal service conduct some type of public hearing for the public to be able to discuss the new Post Office. Interim City Manager, Alan Mueller, reported that three weeks ago, the Council were in the temporary meeting place and since then the power problem has fixed in City Hall. He further reported that the annual Tree Lighting Ceremony will be November 30`h at 7 p.m. The City participated in the job fair at Pearland Community College on October 26. He reminded the Council that Annual Council Retreat is being planned and the Council needs to turn in their survey. Mayor Reid also stated that the annual Christmas Parade is December 2nd at dark. CITIZENS: None. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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 11.983 ACRES OUT OFA 27.056 ACRE TRACT OUT OFA 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, Page 4 of 21 - 11/13/2000 175 MICHAELJ. PLANK, OWNER, PROVIDING FORAN AMENDMENT OFTHE 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. B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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 LOT 7 OF THE 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. Councilmember Beckman made the motion, seconded by Councilmember Marcott, to adopt the Consent Agenda Items A and B as presented on the Consent Agenda, on their second and final reading. Voting "Aye" Councilmembers Beckman, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. MATTERS REMOVED FROM CONSENT AGENDA: None. NEW BUSINESS: FIRST AND ONLY READING OF ORDINANCE NO. 513-4 - AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 10, FIRE PREVENTION AND PROTECTION, OF THE CITY OF PEARLAND CODE OF Page 5 of 21 - 11/13/2000 176 ORDINANCES, FOR PURPOSES OF REGULATING TRENCH -BURNS; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSETHE NEED TO REGULATE TRENCH-BURNS.BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Larry Steed, Fire Marshal. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 513-4 on its first and only reading. Interim City Manager, Alan Mueller, stated the item that is being considered is new language amending the ordinance. The current code does provide for open burns under certain circumstances. This amendment proposes that trench burns which are used for burning brush to clear the property for development, require the contractors that hold a valid license and also not allowed within 3,000 feet of a roadway, structure, residence etc. The Fire Marshal is responsible for issuing these permits to stop problems caused by burns like this. Discussion ensued between Council and Interim City Manager, Alan Mueller,. The Council wants to consider banning trench burning altogether. City Attorney Darrin Coker stated that if that is the case, that action will require a new ordinance to ban trench burning. This ordinance cannot be amended. Voting "Aye" None. Voting "No" Councilmembers Wilkins, Marcott, Seeger, and Beckman. Motion Failed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION - REGARDING THE DESIGN OF A NEW WATER TOWER, Mr. Alan Mueller, Interim City Manager. Councilmember Beckman made the motion, seconded by Councilmember Marcott, to select the composite design for the elevated water tower. Interim City Manager, Alan Mueller, stated the last time there was a motion to approve the pedesphere, it failed. Four options are still left to consider or the pedesphere could be considered again. Page 6 of 21 - 11/13/2000 177 Interim City Manager, Alan Mueller, stated that he prepared a cost estimate and reviewed it briefly with Council Discussion ensued between Council and Staff regarding the design of the elevated water tower Voting "Aye Councilmember Beckman. Voting "No" Councilmembers Seeger, Marcott, and Wilkins. Motion Failed 3 to 1, with Councilmember Owens absent. COUNCIL ACTION - REGARDING THE ANNEXATION OF APPROXIMATELY 300 ACRES WEST OF MAX ROAD. Mr. Alan Mueller, Interim City Manager. Councilmember Wilkins made the motion, seconded by Councilmember Beckman, to direct the staff to prepare a service plan for the annexation of approximately 300 acres west of Max Road. Interim City Manager, Alan Muller, stated the action needed is to direct the Staff to prepare a service plan. This is the first step of the annexation process. A proposed schedule of the annexation process is then created. Mr. Mueller further stated a favorable action would only authorize the Staff to prepare the service plan and the property owner notification process. This property is bound on all sides by the City's limits. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION - RESOLUTION NO. R2000-137 - A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH BOB HOLT FOR CONSTRUCTION INSPECTION SERVICES ASSOCIATED WITH THE FITE ROAD AND HARKEY ROAD SANITARY SEWER IMPROVEMENTS. Mr Michael Ross, Project Manager. Councilmember Beckman made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2000-137. Page 7 of 21 - 11/13/2000 Mal Interim City Manager, Alan Mueller, stated this is a contract for inspection services. Mr. Holt is the inspector the City has used for two plus years on several waste water projects, waste water plant projects and two sewer line expansion projects. He further stated that Mr. Holt is acceptable regarding the insurance requirements as well. Mr. Mueller further stated after speaking with the City Attorney and TML the risk is minimal, and recommends the approval of this contract. Councilmember Marcott asked if the City is paying Social Security or any other stuff? Interim City Manager stated this is a straight contract. Social Security and taxes are his responsibility. Voting "Aye" Councilmembers Beckman, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION - RESOLUTION NO. R2000-136 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE CONTRACT WITH MONTGOMERY WATSON, INC. FOR ADDITIONAL ENGINEERING SERVICES ASSOCIATED WITH THE FAR NORTHWEST WATER TRANSMISSION LINE AND WATER PLANT FACILITY. Mr Michael Ross, Project Manager. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2000-136. Interim City Manager, Alan Mueller, stated this is an existing contract the City has had for several months with Montgomery Watson, Inc. They originally designed the FM 518 water line project that extended to the west under this agreement. The second part of that project is the extension of McHard Road line coming from the west, the third part is the actual water plant that will be constructed at FM 521 in the Clear Creek vicinity. There are four items that have been changed at the City's request or due to circumstances that have developed over the last several months. These changes are not requested by the engineer but the City. Councilmember Marcott asked about the change of funds allocated to Cathodic Protection to Geotechnical Evaluation to cover the additional requirement to the plant site. Page 8 of 21 - 11/13/2000 r - - Project Manager, Michael Ross stated the Cathodic Protection has been permanently removed and substituted with the Geotechnical Services. Additional discussion ensued regarding the project between Council, Interim City Manager and Staff. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION - RESOLUTION NO. 82000-138 - A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITYMANAGER OR HIS DESIGNEE TO EXECUTE ALL DOCUMENTS REQUIRED FOR THE CITY'S PARTICIPATION IN THE HOUSTON-GALVESTON AREA COUNCIL'S TELEWORK PILOT PROGRAM. Mr. Chris Kidwell, Grants Coordinator. Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2000-138. interim City Manager, Alan Mueller, stated this Telework program is through HGAC, and is one of the things they use to address the air quality issues. This program is under the assumption that certain people can work at home without having to drive. Mr. Mueller further stated this is the pilot program that HGAC has available. A favorable motion allows the City to enter into a one year pilot program. During that term the City will develop the policies and procedures and identify the people that may be able to participate. Questions about insurance will be addressed when developing the policies and procedures. Mayor Reid stated this is an issue that came up before the Houston Galveston Area Council Board in response to comments made about the measure taken by the Texas Natural Resource Conservation Commission. If this is something that is workable the Houston area will credit for it against the air quality Interim City Manager, Alan Mueller, stated this is just a pilot and after the year is up, it is up to the Council if this is workable. He understands this is a public agency and if a Citizen was to have a concern about if the employees would actually be working, there will performance measures in place to gage the work that is being done at home. He also stated if someone is eligible there should only be certain days they can work at home. Page 9 of 21 - 11/13/2000 179 M Mr Mueller stated that studies that have been done show productivity was up when people worked at home. Grants Coordinator, Chris Kidwell stated that he has review -ed case studies and they show that people all over experienced positive results even the public agencies. From ten to twenty employees worked at home one to two days a week and it showed that the performance gains were great. Councilmember Marcott asked what people's job were that tried this? Grants Coordinator, Chris Kidwell stated it was a range but he noticed it was mainly people that was project oriented that needed to do long, uninterrupted work. Councilmember Seeger asked what other cities have signed up to do this and how many have participated. Grants Coordinator, Chris Kidwell stated that the City of Houston has signed up their Planning Department, Public Works Department, and the Inspections Department. On the private sector Enron Pipeline and Untied Space Alliance have signed on, and from the State the Texas Department of Protective and Regulatory Services have signed on. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION - RESOLUTION NO. R2000-139 - 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 KLOTZ ASSOCIATES, INC. FOR ENGINEERING SERVICES TO ASSESS THE IMPACT OF STORMWATER INFILTRATION AND INFLOW AT THE BARRY ROSE WASTEWATER TREATMENT FACILITY. Mr. Alan Mueller, Interim City Manager. Councilmember Wilkins made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2000-139. Interim City Manager, Alan Mueller, stated under the City's Agreed Order with the Texas Natural Resource Conservation Commission (T.N.R.C.C) this is one of the things needed in order to comply with the order. Some of the problems with meeting the limits of the plant Page 10 of 21 - 11/13/2000 18t were due to wet weather. An excessive volume was going through and there were overflows as well. Mr. Mueller, also stated that one way to prevent this is to develop a system to track and monitor the flow rates at the plant and measure that against rainfall, and to also compare that to when and where there are manual overflows. This is a contract to develop that program and to prepare that report. This is required to be done. Councilmember Marcott had concerns regarding the payments and the schedule. He stated he wants to protect the City from any damage if the engineer does not do his job. City Attorney, Darrin Coker stated that this contract protects the City against that. Voting "Aye" Councilmembers Beckman, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION - RESOLUTION NO. R2000-140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A LICENSE AGREEMENT WITH KINDER MORGAN TEXAS PIPELINE, INC. FOR THE PLACEMENT OF WATER AND SANITARY SEWER LINES AND FOR THE EXTENSION OF KIRBY DRIVE. Mr. Darrin Coker, City Attorney. Councilmember Beckman made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2000-140. interim City Manager, Alan Mueller, stated that Kirby Drive extends north from McHard Road toward Clear Creek and has already gone through the planning process as a part of Shadow Creek Ranch. There is one segment of Kirby that crosses over property that is owned by a pipe line company that is occupied with pipe line. They own the property. They are not interested in selling or dedicating it as part of the right of way. The condemnation process is very cumbersome and the way the company handles these things is through a license agreement. City Attorney Darrin Coker stated he has reviewed the license agreement and added several things to the agreement. He further stated those changes in the agreement protects the City a great deal. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, and Beckman. Page 11 of 21 - 11/13/2000 18? Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION - SUBDIVISION ACCEPTANCE OF SOUTH HAMPTON SECTION TWO. Mr. John Hargrove, City Engineer. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Beckman, to accept South Hampton Section Two Subdivision. Interim City Manager, Alan Mueller, stated the subdivision has met all the requirements and he recommends its approval. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, and Beckman Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent, COUNCIL ACTION -SUBDIVISION ACCEPTANCE OFBELLAVITA. Mr. John Hargrove, City Engineer. Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to accept Bellavita Subdivision. Interim City Manager, Alan Mueller, stated there is still the lift station that is taken care of with a letter of credit. City Engineer, John Hargrove confirmed that the lift station and any necessary water hauling in the interim is taken care of with the letter of credit. Voting "Aye" Councilmembers Beckman, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCILACTION -SUBDIVISION ACCEPTANCE OFAUTUMN LAKES SECTION ONE. Mr. John Hargrove, City Engineer. Page 12 of 21 - 11/13/2000 183 This item was passed no Council action taken. COUNCIL ACTION - RESOLUTION NO. R2000-132 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR ODOR NEUTRALIZING CHEMICALS TO BE USED FOR THE TREATMENT OF WASTEWATER AT THE LONGWOOD WASTEWATER TREATMENT PLANT TO ARMOR RESEARCH COMPANY. Mr. Gordon Island, Purchasing Officer. Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Seeger, to approve Resolution No. R2000-132. Interim City Manager, Alan Mueller, stated that there some errors in the Resolution regarding the vendor that the bids is awarded to as well as the amount. City Attorney, Darrin Coker stated that the Resolution will be amended as to reflect the recommendations of the Purchasing Officer Gordon Island. Purchasing Officer Gordon Island gave a brief overview of the bids and stated that the recommendation is to Napco for $43, 800. Councilmember Marcott asked is it common in these types of bids for people to put things in that do not meet the specifications. Purchasing Officer, Gordon Island stated that it is not uncommon for that to happen. Voting "Aye" Councilmembers Beckman, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION - RESOLUTION NO. R2000-133 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR STREET SWEEPING SERVICES TO KUSTOM KLEEN OF TEXAS. Mr. Gordon Island, Purchasing Officer. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Seeger, to approve Resolution No. R2000-133. Page 13 of 21 - 11/13/2000 11M Interim City Manager, Alan Mueller, stated this is another unit bid price for street sweeping. He further stated $16,000 is what is budgeted for sweeping. Based on that the City estimates this amount will provide enough funding to sweep all the concrete streets two to three times a year. No asphalt streets will be cleaned since the debris is washed off into the ditches. Councilmember Marcott asked if the successful bidders equipment is stored in Pearland? Purchasing Officer, Gordon stated that the equipment is stored and Pearland and is reflected by the bid. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION - RESOLUTION NO. R2000-134 - 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 LIGHT TRUCKS FOR THE PUBLIC WORKS DEPARTMENT. Mr. Gordon Island, Purchasing Officer. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2000-134. Interim City Manager, Alan Mueller, stated this is similar to the other items purchased by the HGAC purchasing program. The City is purchasing four vehicles through HGAC. The total price is under the budgeted amount. Voting "Aye" Councilmembers Beckman, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION - RESOLUTION NO. R2000-135 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONCRETE Page 14 of 21 - 11/13/2000 18`5 PAVING AT THE CITY'S FIRE TRAINING FACILITY TO STEVEN R. HILL CONSTRUCTION. Mr. Gordon Island, Purchasing Officer. Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2000-135. Interim City Manager, Alan Mueller, stated the additional work that is being done at the fire training station is being coordinated by the Fire Department. There is $ 50,000 budgeted in their capital budget fund. This particular project would be $30,000. Councilmember Marcott asked if this is the same contractor that did the other paving? Fire Chief, Paul Jamison stated that it was not the same contractor. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, and Beckman. 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 OCTOBER 23, 2000. CifyCouncil. Councilmember Marcott made the motion, seconded by Councilmember Beckman, to excuse the absence of Councilmember Larry Wilkins from the Regular Council Meeting held on October 23, 2000. Voting "Aye" Councilmembers Marcott, Seeger, and Beckman. Voting "Abstain" Councilmember Wilkins. Voting "No" None. Motion Passed 3 to 0, with Councilmember Wilkins abstaining and Councilmember Owens absent. REMOVE FROM TABLE ORDINANCE NO. 509-491. City Council. Councilmember Wilkins made the motion, seconded by Councilmember Beckman, to remove from table Ordinance No. 509-491. Page 15 of 21 - 11/13/2000 l86 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. 509-491 - 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 TELECOMMUNICATIONS TOWER ON THE FOLLOWING PROPERTY, BEING THE SOUTH 1/2 OF LOT 29, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 9, H. T. & B. R.R. CO. SURVEY, A-234, BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 90) (2521 MAX ROAD)FROM CLASSIFICATION GENERAL BUSINESS - SPECIFIC USE (GB -S) FOR A HOME TO GENERAL BUSINESS DISTRICT -SPECIFIC USE -SPECIFIC USE (GB -S -S) FOR A SPECIFIC USE PERMIT FOR A TELECOMMUNICATIONS TOWER AT THE REQUEST OF MARK SUBER, AGENT FOR LOYE & MARY YOUNG, 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 Wilkins made the motion, seconded by Mayor Pro -Tem Seeger, to approve Ordinance No. 509-491 (Specific Use No. 90) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Specific Use No. 90. Councilmember Wilkins stated that he had done research on this and he does not believe this would be in the best interest for that area. He will be voting against it. Mayor Pro Tem Seeger stated he agrees with Councilmember Wilkins and will vote against it. Councilmember Beckman stated while towers do not look great anywhere, she will be voting for this the construction of this one. Councilmember Beckman further stated there is a need for communication towers, just not a lot of them. Page 16 of 21 - 11/13/2000 187 Mayor Pro -Tem Seeger stated other cities have found ways not to have towers erected in their city. City Attorney, Darrin Coker, stated that this tower would be to serve Metrocom which is a wireless Internet provider that the City entered into a agreement with to utilize space on the Alice Street elevated water tower. He also stated that if Council votes against this. The denial will not be in effect that night because, under the guide lines of Land Use Ordinance. He will then have to prepare a opinion based on Council's comments at the meeting. Then present that opinion to the Council at the next meeting: Lengthy discussion ensued between Council and Staff regarding the proposed land use change. 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 "Aye" Mayor Reid. Motion Passed 3 to 2, with Councilmember Owens absent. FIRST READING OF ORDINANCE NO. 509-496 - 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 56.91 ACRES OF LAND, MORE OR LESS, OUT OF THE H. T. & B. R.R. CO. SURVEY, A-242, BRAZORIA COUNTY TEXAS (APPLICATION NO. 940) (MANVEL ROAD @ FITE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-2) AT THE REQUEST OF GARY K. FERGUSON, AGENT FOR G.K.F. HOLDINGS, L.L.C., 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. Page 17 of 21 - 11/13/2000 .: Councilmember Beckman made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 509-496 (Application No. 940) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 940). Interim City Manager, Alan Mueller, stated this is consistent with the Comprehensive Plan for low density single-family development. Councilmember Marcott asked how many homes would go on this? Interim City Manager, Alan Mueller, stated that he has seen some preliminary stuff, but he does not have an exact number. Councilmember Marcott asked if there is any chance it could be moved to an R-1 instead of an R-2? Manager of Administrative Support, Tobin Maples, stated as every zoning application comes in, Staff recommends that the applicant apply for R-1 zoning, however, this is what this applicant has chose. Mayor Reid stated there is some green space, roads, and on-site detention in the development, so that will not be that many homes 56 acre site. Voting "Aye" Councilmembers Beckman, Seeger, and Wilkins. Voting "No" Councilmember Marcott. Motion Passed 3 toi, with Councilmember Owens absent. COUNCIL ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 951) AT THE REQUEST OF BOBBY THOMPSON OF COLDW ELL BANKER UNITED, AGENT FOR DANNY BLUMRICK, OWNER, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL (C) ON THE FOLLOWING DESCRIBED PROPERTY BEING 2.8041 ACRES OF LAND OUT OF A 9.29 ACRE TRACT OUT OF THE SOUTH ih OF LOT 30 OF THE ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION OF SECTION 21, H. T. & B. R.R. CO. SURVEY, A-309, BRAZORIA Page 18 of 21 - 11/13/2000 189 COUNTY, TEXAS (OLD CHOCOLATE BAYOU ROAD). Mr. Tobin Maples, Manager of Administrative Support. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Beckman, to accept the recommendation of the Planning and Zoning Commission to deny Application No. 951. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 951). Councilmember Marcott asked what is the zoning suppose to be on this property? Manager of Administrative Support, Tobin Maples stated it is suppose to be single-family dwelling district. 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 9:08 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.072 -REAL PROPERTY: DISCUSSION REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. Mr Darrin Coker, City Attorney. 2. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY: REGARDING LITIGATION - DISCUSSION REGARDING H.L. & P. CLASS ACTION LITIGATION. Mr Darrin Coker, City Attorney. 3. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY: REGARDING LITIGATION -DISCUSSION REGARDING LAND USE LITIGATION. Mr Darrin Coker, City Attorney. Page 19 of 21 - 11/13/2000 190 4. SECTION 551.074 - PERSONNEL MATTERS: DISCUSSION AND REVIEW OF PLANNING&ZONING COMMISSION APPLICATIONS. City Council. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:12 p.m. COUNCIL ACTION - INSTRUCTION TO STAFF REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. MrDarrin Coker, City Attorney. Councilmember Beckman made the motion, seconded by Councilmember Wilkins, to authorize Staff to negotiate for the purchase of real property as directed by Council and also authorize Staff to proceed with the commendation of property west of State Highway 288. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, and Beckman.. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING H.L. & P. CLASS ACTION LITIGATION. MrDarrin Coker, City Attorney. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Seeger, to grant the Power of Attorney and Contingent Fee Contract to the law firm of O'Quinn & Laminack. Voting "Aye" Councilmembers Beckman, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING LAND USE LITIGATION. Mr Darrin Coker, City Attorney. This item was passed no Council action taken. Page 20 of 21 - 11/13/2000 19! COUNCIL ACTION - REGARDING PLANNING & ZONING COMMISSION APPLICATIONS. City Council. This item was passed no Council action taken. OTHER BUSINESS: ADJOURNMENT Meeting was adjourned at 11:14 p.m. Minutes approved as submitted and/or corrected this the 27 day of November , 2000. Tom Reid Mayor ATTEST: Page 21 of 21 - 11/13/2000 19? THIS PAGE LEFT BLANK INTENTIONALLY