Loading...
2001-10-08 CITY COUNCIL REGULAR MEETING MINUTES171 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 8, 2001, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Larry Marcott Woody Owens Klaus Seeger Larry Wilkins Bill Eisen Darrin Coker Young Lorfing Absent: Councilmember Richard Tetens. Others in attendance: Deputy City Manager Alan Mueller; Executive Director of Community Services Tobin Maples; Police Chief J.C. Doyle; City Engineer John Hargrove; Executive Director of P.E.D.C. Mike Chance; Community Relations Liaison Phibi Vassallo; Director of Finance Jim Causey; Director of Human Resources and Safety Management Mary Hickling; Public Works Director Jerry Burns; Assistant City Attorney Nghiem Doan. The invocation was given by Reverend Barnett and the Pledge of Allegiance was led by Reverend Harold Gentry. MAYOR'S ACTIVITY REPORT: Billye Everett, president of the Pearland/Hobby Area Chamber of Commerce, and Reverend Harold Gentry stated they are part of the Road Bond Committee and were attending this meeting to present ribbons to the Mayor and City Council. Mayor Reid presented a proclamation proclaiming October 20, 2001 as "Partners For Pearland Bowling for Books Bowl-A-Thon Day". Mayor Reid also presented certificates of recognition to the Senior Major All Star Team for winning the State Little League Tournament for 2001. Certificates of recognition were presented to Jeff Treadway, Ryan Haffelder, Daniel Sklenarik, Justin Uhrek, Sean McLemore, Clint Mann, Jacob Garcia, Ryan Kilbert, Mitchell Hawell, James Harrelson, Page 1 of 33 - 10/08/2001 172. Ryan Grimet, Michael McKennon, David Karsten, Jonathan Drab and also to Manager Ray Grimet and Coaches Richard Mann and Richard Haffelder. Mayor Reid reported on September 11 he met with Pearland City Manager Bill Eisen and Friendswood City Manager Ron Cox; September 12 he attended a Salute To Industry Meeting; September 13 attended the Pearland College Board of Governor's meeting and a Chamber Breakfast; September 17 attended a PISD Education Improvement Committee Meeting and a Council Workshop and also conducted interviews for Planning and Zoning Commission; September 18 attended an HGAC Board of Director's meeting and a Council Workshop; September 19-22 attended the TML Risk Pool Board of Director's Meeting; September 25 attended the Library Board of Directors Meeting; September 26 attended a breakfast for Judge Willy, a BCDD #4 Business Meeting and then presented a proclamation to Mrs. Braggs who is 100 years old; September27 attended a Chamber Golf Dinner and a Chamber Open House for the ribbon cutting of a new facility for veterinarian Dr. Stevener; September 28 presented a proclamation to Latter Day Saints Church and a dedication of the School Agriculture Facility; October 1 met with District Attorney Jerri Yenne, attended the monthly PEDC meeting and a Council Workshop; October 2 met with Mr. Pinner with the Adult Reading Center regarding facilities and Pearland Community Hospital Board of Director's Meeting; October 3 attended a Brazoria County Partnership Annual Meeting and a SEED Bi -Monthly Board of Directors Meeting; October 7 attended a Community Prayer at the Hindu Temple and presented a proclamation to the Retired Wrestlers Association. COUNCIL ACTIVITY REPORTS: Councilmembers Owens, Seeger and Mayor Pro -Tem Marcott passed on giving a report. Councilmember Wilkins stated he is praying for our country and in light of what is happening in Afghanistan he hopes everyone prays for our military and country. CITY MANAGER'S REPORT: City Manager, Bill Eisen, reported the annual Meet the City Day will be October 20, 2001 from 10:00 a.m. until 2:00 p.m. Early voting for the November 6 Bond election will begin this day as well and will be from 9:00 a.m. to 3:00 p.m. This year, for the first time, the City will also offer early voting on November 2 during the high school football game at the new stadium. Page 2 of 33 - 10/08/2001 CITIZENS: 173 C.D. Anderson, 3215 Jacquelyn Drive, addressed Council and stated Pearland has uncontrolled growth due to the population explosion and no one has any idea how to handle it. This explosion has caused problems with flooding, road access, sewage plants, school overcrowding and adopted debt for the next 20 years. He stated we are looking at $115 million dollars in the Bond election so Pearland's progress can catch up with it's growth. He further stated progress is slow and growth is outrageous. This dollar amount will not keep pace with what is needed. By the time this money is spent the City will be looking at another $115 million. He reported one of the Councilmen commented that this is an ongoing process. Mr. Anderson stated the more Pearland annexes the more we will tax and indebt ourselves. He stated Pearland should stop some of the growth. He further stated the City should charge every builder or developer $5000 - $10,000 for a building permit, with this money specifically earmarked for reducing the Bond debt. He stated the current and previous City Council are responsible for this and has taken on anything that looks like growth and said it is good. Council will not be happy until every square foot of Pearland's enormous City limits is under development. There is an item on the agenda to convert 80 acres from Commercial to R-2 which will add another 300 houses. He stated he believes it is irresponsible for the City to even consider doing this. Anything that contributes to growth or more population in Pearland is going backwards, not forward, and it is hurting the City. DOCKETED PUBLIC HEARING: None. CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the September 6, 2001, Special Council Meeting held at 6:30 p.m. 2. Minutes of the September 10, 2001, Joint Public Hearing held at 6:30 p.m. 3. Minutes of the September 10, 2001, Regular Council Meeting held at 7:00 p.m. 4. Minutes of the September 10, 2001, Regular Council Meeting held at 7:30 p.m. 5. Minutes of the September 17, 2001, Special Meeting held at 6:00 p.m. 6. Minutes of the September 18, 2001, Special Meeting held at 7:00 p.m. Page 3 of 33 - 10/08/2001 17^ B. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF BARCLAY PLACE SUBDIVISION. Mr. John Hargrove, City Engineer. C. CONSIDERATION AND POSSIBLE ACTION - REGARDING BOARD APPOINTMENT TO THE LIBRARY BOARD. Mayor Reid. MATTERS REMOVED FROM CONSENT AGENDA: None. Councilmember Owens made the motion, seconded by Councilmember Wilkins, to adopt Consent Agenda Items A through C and appoint Rosemary Bruner to serve on the Library Board, as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. NEW BUSINESS: Mayor Reid, with concurrence of Council, moved to New Business Item No. 6. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE PRIORITIZATION OF DRAINAGE PROJECTS FOR THE NOVEMBER 6, 2001 BOND ELECTION. Mr. Alan Mueller, Deputy City Manager. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to accept the Prioritization of Drainage Projects for the November 6, 2001 Bond election with the first priority being Corrigan subdivision drainage improvements, number 2 being detention acquisition and development of Mary's Creek site 1, number 3 being detention excavation near Veterans Road, number being storm sewer improvements in the Twin Creek Woods subdivision, number 5 being improvements to the Green Tee outfall, number 6 being channel improvements MA 158-00, number 7 being West Lea detention, number 8 being Piper Road outfall, number 9 being FM 518 ditch improvements, number 10 being Town Ditch Phase II, number 11 being Town Ditch Phase III, number 12 being channel improvements MA 166-00, number 13 being detention excavation Hickory Slough Site 1, number 14 being detention excavation completion DLS site, number 15 being detention excavation BW 8 site, number 16 being detention acquisition and development of Mary's Page 4 of 33 - 10/08/2001 17.5 Creek site 2, number 17 being detention acquisition and development of Hickory Slough site 2, number 18 being Parkview subdivision drainage improvements, number 19 being Sunset Meadows storm sewers, number 20 being channel improvements AX 135-00. Katherine Anthony, 3307 Jacqueline Drive, addressed Council and stated Barry Rose Road runs behind her subdivision, Regency Park, and there are a lot of children in her neighborhood and they walk to school to C.J. Harris and there is no sidewalk. There have been no definite plans from the City on any of the roads except for what the City wants done hypothetically. She stated until the City gets any definite plans she thinks it would be wise to get plans before worrying about the budget. City Manager, Bill Eisen, stated lastweek City Council metto discuss establishing priorities for the Drainage portion of improvements to be considered on the November 6 ballot. As a result Staff has put together information that is available at this meeting. With the amount of money that will be available through the bond issue, given the current estimates for projects, the City can do the first 5 on the list. The first priority is Corrigan subdivision drainage improvements, second priority being detention acquisition of far west Mary's Creek, third being detention excavation near Veterans Road on Mary's Creek, fourth being storm sewer improvements in the Twin Creek Woods subdivision, fifth being improvements to the Green Tee outfall, sixth being channel improvements in the vicinity of Walnut and Broadway that would benefit Old Town site, and number 7 being construction of a detention area near West Lea subdivision. Mayor Pro -Tem Marcott stated this is the course that will be followed and hopes 8 of them can be done quickly, which includes Piper Road. The City has been doing a lot of work with the Drainage District. The City of Pearland needs to get the vote out to get this approved. If it does not there will be a struggle to get the money out of taxes to fund it. Councilmember Wilkins stated he feels Corrigan has the most seniority of all the issues here and hopes Council and Staff can work together to see to it Corrigan receives some type of relief. This will be hampered in part because of the Clear Creek issue but with over $7 million dollars the City should be able to give some relief to the citizens of Corrigan in regards to flooding. Councilmember Seeger stated Corrigan will receive 30% of the total bond and is getting fair attention to their problems. He further stated it is imperative that the City save some of the contingency money for the West Lea area as well. Mayor Pro -Tem Marcott stated this will help other places as well and will end up helping everyone. Page 5 of 33 - 10/08/2001 176 Further discussion ensued between Council regarding the priorities of drainage projects. A representative from Corrigan subdivision thanked Council and the City for helping Corrigan residents with their flooding problem and for keeping them informed. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to proceed with the $0.10 schedule, with the debt issuance schedule as presented. Councilmember Owens stated even if this passes, construction cost increases 4.6% per year and the City needs to look at that because every year we do not do this the City is losing what they can do on the front end. Councilmember Seeger asked if these in no way affect the timing of the projects, just the finances. City Manager, Bill Eisen, stated there were some changes in timing. When the City originally began looking at the impact on the tax rate you were not assuming so much of the drainage money would be spent early so there is a little bit of a change here with regard to the timing of specific projects. If Council desires, the financial advisor can come back and take a look at this and to tell him we want to keep this at $0.10 and ask him to structure the debt accordingly. This will allow the City to begin making presentations to the public with that number in mind. If this is done there will probably be an increase in the cost of borrowing over the overall life of the bond issue. This would not effect the "whens" under the bond issue. Councilmember Seeger stated he does not want anything to jeopardize the timing on these projects. The more, the sooner, the better. Mayor Reid stated the Brazoria County Drainage District has been a good partner in this process. Deputy City Manager, Alan Mueller, stated that Staff asked Frank Ildebrando, Financial Advisor, to move the debt issues up earlier and then, using his best financial experience, ran out some debt service projections that ran the tax rate up by an extra penny. The debt Page 6 of 33 - 10/08/2001 177 could be structured out a little differently where you can still move the debt issue up early but still have a $0.10 increase. More interest is paid but there will still be a $0.10 tax increase. City Manager, Bill Eisen, stated, as was said earlier, perhaps less but we have to make some assumptions so that the City can give some indication, to people we are discussing this, as to what we project could happen, which is basically the issue. As Deputy City Manager, Alan Mueller, points out the City can still probably use this schedule as to when the debt would be issued. The only issue is when the City will pay. In effect, the principal and interest payments would be heavier toward the end than they are earlier. Mayor Pro -Tem Marcott asked if that $0.36 would continue longer before it starts decreasing. City Manager, Bill Eisen, stated this is entirely possible and when it starts to decrease it will probably decrease a little less each year. Mayor Pro -Tem Marcott asked if this is still looking at completion in 2029. City Manager, Bill Eisen, stated this is correct. Mayor Pro -Tem Marcott stated right now we ought to look at $0.10. Further discussion ensued between Council and City Manager regarding the tax rate. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. CONSIDERATION AND POSSIBLE ACTION - MOTION TO REMOVE FROM TABLE ORDINANCE NO. 509-531. City Council. Councilmember Wilkins made the motion, seconded by Councilmember Seeger, to remove Ordinance No. 509-531 from the table. Voting "Aye" Councilmembers Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Page 7 of 33 - 10/08/2001 178 Motion Passed 4 to 0, with Councilmember Tetens absent. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-531 - 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 80 ACRES OUT OF THE F. B. DRAKE SURVEY, A-508, SECTION 12, H. T. & B. R.R. CO. SURVEY, CITY OF PEARLAND, BRAZORIA CO., TX (APPLICATION NO. 988)(VETERANS ROAD @ SPRINGFIELD AVENUE) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) AND HEAVY INDUSTRIAL DISTRICT (M-2) TO SINGLE FAMILY DISTRICT (R-2) ATTHE REQUEST OF JAMES CORNELIUS OF SOWELL & COMPANY, AGENT FOR MARY F. EDWARDS, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATEAND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Wilkins made the motion, seconded by Councilmember Seeger, to approve Ordinance No. 509-531 (Application No. 988) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 988 which failed. City Manager, Bill Eisen, stated this item was previously tabled by City Council so they could hold a Workshop on the Land Use Plan as it relates to this specific area. Glen Garrison, 1902 Meadowcreek, addressed Council and stated the school district is only able to levy taxes on real property and is not able to levy impact fees or things of that sort regarding growth. Also the state removes the taxable value that comes on the school district's tax roll every year to the tune of 95%. That is to say for every dollar that the tax roll grows the state backs out $0.95 of support. Things that are population neutral become very important to the school district, more specifically, low density type housing and things of this sort. The school district does not take position on R-2 housing to the same degree that they would on R-3. He stated he recognizes the need for the subdivision across the street to protect their homes, in fact, he agrees with this zoning change request but asks that Council be mindful of the need to try to increase areas within the school district that could be utilized for commercial and other such uses without encroaching on area neighborhoods. Page 8 of 33 - 10/08/2001 179 Councilmember Wilkins stated he feels that because of the location and the area, he will be supporting the change to R-2. Mayor Pro -Tem Marcott stated he cannot support this. It is set up for Industrial Use and needs to stay. It is Commercial out front, he would rather that be General Business, but it is set for Commercial. He stated he is concerned about train tracks which would be near this new subdivision. These trains carry chemicals from the Freeport area and if one of these wreck this would be a lot worse than Chem Central or any of those ever thought of being. The residents that live there will see the fruits of it. He stated an accident will happen sometime and he will not put his name on an approval of something that puts people at risk and he will not support this. He further stated houses should be built away from the railroad tracks and not up to them. Mayor Reid stated, as was discussed at a previous meeting, if this is removed as Industrial or Commercial that we need to make sure we have a replacement that is in a better location. Councilmember Seeger stated this property has been on the market for a considerable length of time with no one stepping forward to purchase. He further stated it is quite apparent that it would be very difficult to develop any real business or industry in that area because of the nature of the surrounding property. Councilmember Owens stated the Comprehensive Plan goes outthe windowwhenyou put M-1 and M-2 property within 200 feet of Residential. It was discussed to put a buffer zone out there and use that for drainage. He stated he does not see how this property can be kept M-1 or M-2 and Commercial, with looking what was done in the past by allowing this subdivision to go in and also a school going in within 200 feet. Council needs to get with PEDC to find property to use to make up the difference of taking this and to also be more cautious in the future. Voting "Aye" Councilmembers Owens, Wilkins, and Seeger. Voting "No" Mayor Pro -Tem Marcott. Motion Passed 3 to 1, with Councilmember Tetens absent. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-535 - 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 Page 9 of 33 - 10/08/2001 PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING LOT 47 & 48, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 20, A-506, ACCORDING TO VOLUME 2, PAGE 23, BRAZORIA COUNTY, TEXAS(APPLICATION NO. 993)(CULLEN BOULEVARD @ HAWK ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF DOMINIC TUC VU, OWNER, PROVIDING FOR AN 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, Executive Director of Community Services. Councilmember Seeger made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-535 (Application No. 993) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny Application No. 993. City Manager, Bill Eisen, stated 48% of the ownerships within 200 feet of the subject property have indicated in writing that they are opposed to this zoning change. As a result, this would require a 3/4 vote of City Council to change the zoning. Voting "No" Councilmembers Seeger, Wilkins, Marcott, and Owens. Motion Failed 4 to 0, with Councilmember Tetens absent. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-536 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 2 ACRES OUT OF LOTS 8 & 9, HICKORY PLACE SUBDIVISION, VOLUME 18, PAGE 333-334, B. C. P. R., H. T. & B. R.R. COMPANY SURVEY, A-310, BRAZORIA COUNTY, TEXAS (APPLICATION NO.989)(HUGHES RANCH ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF ZEEBA PAKSIMA AGENT FOR TRADITIONAL CONCEPTS, INC., OW NER, PROVIDING FOR AN 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, Executive Director of Community Services. Page 10 of 33 -10/08/2001 181 Councilmember Owens made the motion, seconded by Mayor Pro -Tem Marcott, to approve Ordinance No. 509-536 (Application No. 989) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 989. Voting "Aye" Councilmembers Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. CONSIDERATION AND POSSIBLE ACTION - RATIFICATION OF STAFF'S INTERPRETATION OF SECTION 22.6 BUILDING FACADES, OF THE LAND USE & URBAN DEVELOPMENT ORDINANCE. Mr. Tobin Maples, Executive Director of Community Services. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to begin the process of amending the Land Use Ordinance and ratify Staff's interpretation that the proposed product does not meet the definition of masonry. City Manager, Bill Eisen, stated this is an item which Council previously discussed in a Workshop this past Monday. It came about as a result of Staff's interpretation with regards to the masonry ordinance. He further stated Council needs to direct Staff how to proceed on whether to amend the masonry ordinance, ratify Staff's interpretation or disagree with Staff's interpretation. Executive Director of Community Services, Tobin Maples, stated the product which was being proposed does not meet the City's definition of masonry and by saying it does would open this up to the entire City. This particular product may be appropriate in some areas but not on major thoroughfares and gateways. Mayor Pro -Tem Marcott asked if the City is prepared to inspect the extra inspections required as was discussed at the last meeting. Executive Director of Community Services, Tobin Maples, stated at this time the product is allowed but tonight's discussion is just to determine whether it meets the definition of masonry since, in Staff's opinion, it does not and also to find out if this is a product that should be allowed in certain areas. To change this in the Land Use book it would have to be advertised at a Public Hearing and then amend the book. After reviewing dockets for Page 11 of 33 - 10/08/2001 182 November and December, with the holidays it will probably be January before bringing it up before a Public Hearing. As requested by Council at the Workshop, Staff is in the process of conducting surveys from nearby cities to see how they handle the same type of product and are currently accumulating this information as we speak. To amend the Land Use book statutes have to be followed on advertising it in the paper to have a Public Hearing. The deadline for making it on the agenda for a November Public Hearing would be this Friday. The survey has not been completed and Staff is still in the process of gathering information. In regards to December, and being consistent with what Council has done in the past, there has been no Public Hearings held during the holidays. Mrs. Dixon, 3017 Green Tee, stated she is the president of Christian Helping Hands and they have been adopted by Associated Builders and Contractors which will assist them in different aspects of their building. They have $135,000 in the bank and do not know how much the final cost will be. She stated they need to have a decision soon since she has to begin contracts for construction. She has a variance application on the dockets for November 5 as a backup just in case this does not meet approval. City Attorney, Darrin Coker, stated this was Mrs. Dixon's request which prompted this particular item. The open way to attack this is to pursue the variance with the Zoning Board of Adjustments. Councilmember Owens stated part of the consideration, when it was looked at previously, was to come in and allow this material to be used since it has been used but not to go with a variance on it but go ahead and allow it to be added into this but in particular areas and not on major thoroughfares or secondary roads. City Attorney, Darrin Coker, stated the only reason he suggested a variance is because of the time concern. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. CONSIDERATION AND POSSIBLE ACTION - REGARDING AN APPLICATION FROM JOHN McBRIDE, PIPE & TUBE SUPPLIES, FOR THE PLACEMENT OF PORTABLE BUILDING AT 4201 W. ORANGE. Mr. Gene Tumlinson, Director of Community Development. Page 12 of 33 - 10/08/2001 183 Councilmember Wilkins made the motion, seconded by Councilmember Owens, to approve the placement of a portable building at 4201 W. Orange. City Manager, Bill Eisen, stated the Code of Ordinances requires that before a portable building can be located in the City it needs approval by City Council. This application is to replace an existing portable building with a new one. Executive Director of Community Services, Tobin Maples, stated some of the existing structures will be torn down and this portable building will replace all of those. Should this be approved by Council tonight for location into the City, Council would be issuing a location permit allowing them to bring it into the City. Once this approval is given it will go through the inspection process to ensure the structure complies with all zoning codes. Mayor Pro -Tem Marcott asked if the building is a $75,000 investment. Councilmember Seeger asked if the photo included is a fairly accurate representation of what is intended. A representative from Pipe and Tube Supplies answered that yes it will be approximately a $75,000 investment and the building will be a close representation of the photo and will also be on a foundation. The building will be built off-site. Voting "Aye" Councilmembers Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. CONSIDERATION AND POSSIBLE ACTION - MOTION TO REMOVE FROM TABLE ORDINANCE NO. 1015. City Council. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to remove Ordinance No. 1015 from the table. Voting "Aye" Councilmembers Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. Page 13 of 33 - 10/08/2001 ME CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 1015 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 17 OF APPROXIMATELY 294.2651 ACRES OF LAND. Mr. Darrin Coker, City Attorney: Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 1015 on its first reading. City Manager, Bill Eisen, stated this is a recently tabled item so Council could discuss what type of information they would like to see submitted in the future for annexations of in -City Municipal Utility Districts. A form was developed as a result of this. The form that has been submitted is in accordance with the proposed new requirements and also some additional requirements are being developed at this point for any future annexations of MUD'S, based upon the instructions given to Staff by Council at a Workshop. Mayor Pro -Tem Marcott stated when it was previously brought before Council it was the same 294 acres. At that time they were also asking for a zone on their property at John Lizer Road. He asked if that was in it at that time. City Manager, Bill Eisen, stated this was discussed earlier, as a result of Mayor Pro -Tem Marcott's question, and it is not a misapplication and does not appear to have been in the original application. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 1027 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 18 OF APPROXIMATELY 24.968 ACRES OF LAND, Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Seeger, to approve Ordinance No. 1027 on its first reading, Page 14 of 33 - 10/08/2001 185 City Manager, Bill Eisen, stated comments from the previous item apply in this case as well, except this is 25 acres. City Attorney, Darrin Coker, stated the MUD did submit, at the time they informed us and not the time of the Workshop, that they would be submitting 45 acres for annexation. This is for 24.968 acres. He received Wednesday afternoon the petitions and all the complete documentation for an additional 20 acres but it was too late to place on this agenda. Mayor Pro -Tem Marcott stated he is concerned about this being close to where there are existing flooding problems. This is south of Corrigan Subdivision on Fite Road and this goes down to the creek and is over land that was under a lot of water. To account for that they will have to put a lot of dirt down. He stated it looks like the wrong thing at this particular time and would like to see additional information before the City proceeds on this. City Manager, Bill Eisen, stated this could be done. The other alternative is to look at the specific development plans of the piece of property when the case comes forward. Mayor Pro -Tem Marcott stated he is concerned about approving a MUD for an area that may not meet the other requirements. City Engineer, John Hargrove, stated the development is in the platting process and are awaiting approval of the final plat. The TIA has been completed so they are just about ready for the final plat. Mayor Pro -Tem Marcott stated this is where all the flooding was. City Engineer, John Hargrove, stated this is why they took out a lot of dirt to compensate for the fill brought in to raise lots. Mayor Pro -Tem Marcott asked if this work had been done. City Engineer, John Hargrove, stated this is in a construction -going phase. Mayor Pro -Tem Marcott stated it seems like this is going in the wrong direction. Deputy City Manager, Alan Mueller, stated a subdivision site is rules driven. If they comply with the regulations the City has on board then it goes forward. Page 15 of 33 - 10/08/2001 186 Mayor Pro -Tem Marcott stated then we will have another group in here telling us that the City caused their flooding. Deputy City Manager, Alan Mueller, stated we should schedule a time to talk about the Drainage Criteria Manual. The issue has been raised before about the Drainage Criteria Manual and is scheduled in November to talk about that. For now the City has to go with what is on the books and cannot make up the rule as we go. Voting "Aye" Councilmembers Owens, Wilkins, and Seeger. Voting "No" Mayor Pro -Tem Marcott. Motion Passed 3 to 1, with Councilmember Tetens absent. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE ISSUANCE OF CITY OF PEARLAND, TEXAS, WATER AND SEWER REVENUE BONDS, SERIES 2001 AND CERTIFICATES OF OBLIGATION, SERIES 2001. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Marcott made the motion, seconded by Council member Owens, to formally delay action on the issuance of water and sewer revenue bonds. City Manager, Bill Eisen, stated this item was originally scheduled for this evening but has been rescheduled for tomorrow night. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, and Owens. Motion Passed 4 to 0, with Councilmember Tetens absent. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-137 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA DRAINAGE DISTRICT NO. 4 FOR CONSTRUCTION, OPERATION, AND MAINTENANCE OF THE SOUTHWEST ENVIRONMENTAL CENTER DETENTION FACILITY. Mr. Darrin Coker, City Attorney. Councilmember Wilkins made the motion, seconded by Councilmember Seeger, to approve Resolution No. R2001-137. Page 16 of 33 - 10/08/2001 187 City Manger, Bill Eisen, stated this is an issue on which City Engineer John Hargrove and Deputy City Manager Alan Mueller have labored for a long period of time along with representatives of BDD4 and have come up with the agreement being considered. Mayor Pro -Tem Marcott asked if there is a time frame until it is functional. City Manger, Bill Eisen, stated there is not one specifically in this contract but the design work has been completed. Once the district approves the item on their Wednesday agenda the City should be able to go out for bids on items that need to be bid out. Deputy City Manager, Alan Mueller, stated work could begin after the first of the year. Staff is also trying to work out the alternative agreement so there is a location to take the dirt to, as an alternative to the bid similar to the Beazer agreement. The City is awaiting the developer's drawing of the site and this should be wrapped up in the next couple of weeks. City Attorney, Darrin Coker, stated the draft agreement made reference to the $7500 per acre foot. There has been a slight revision to this so that it will be reflected to say that, it will be determined and periodically amended by the City but not less than $7500 per acre foot. Voting "Aye" Councilmembers Owens, Marcott, Wilkins, and Seeger. r-. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-143 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION'S REQUEST TO ISSUE BONDS FOR THE OILER DRIVE AND BAILEY ROAD EXTENSIONS, BUDGETING UP TO $2.4 MILLION IN CASH FROM CURRENT AND ANTICIPATED REVENUES OVER THE NEXT THREE YEARS, AND INCURRING $10 MILLION IN DEBT, AND MAKING THE PROJECT CONTINGENT UPON THE BOARD'S CONTINUED ASSURANCE THAT THE CITY HAS SUFFICIENT RESOURCES TO CONTINUE THE PROJECT FROM FM 1128 TO STATE HIGHWAY 288. Mr. Mike Chance, Executive Director Pearland Economic Development Corporation. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2001-143. Page 17 of 33 - 10/08/2001 City Manager, Bill Eisen, stated the Pearland Economic Development Corporation has indicated they will authorize the expenditure of $12.4 million of PEDC funds that have to be issued and repaid by them for the extension of Oiler Drive, assuming that the bond election passes. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE ADOPTION OFA PAY PLAN FOR THE CITY OF PEARLAND EMPLOYEES. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Wilkins, to adopt the salary plan and implementation plan. City Manager, Bill Eisen, stated this item is the result of an extensive salary study that was done over the last few months. Staff is recommending that the salary plan be adopted and the implementation plan be adopted as well. Councilmember Owens stated this is needed and it is always good to put people into the classifications that they need to work out of and pay them accordingly. This will go a long way toward employee retention. He further stated this year, over past years, a lot has been done to get the salaries, classifications and benefits in line for City employees. Mayor Pro -Tem Marcott stated he believes it is important to get employees at the bottom rung up to a salary that is meaningful. Some were way off the line and some dramatic changes were needed for employees who were not being properly compensated. Mayor Reid stated the City needs to change the paradigm it is operating on since the City is growing. Councilmember Wilkins stated this is certainly a good idea. He further stated the City has the best Staff of any city around. Staff is always helpful and goes the extra mile. He appreciates this as a Councilmember and citizen. Councilmember Seeger stated this is long overdue. He hopes this means better employee retention and would like feedback from Staff in the next few months indicating such. Page 18 of 33 - 10/08/2001 189 City Manager, Bill Eisen, stated the City keeps that data up to date and would continue to keep Council apprised as to how it is working out. Mayor Pro -Tem Marcott stated he also thinks it is a good indication for a new City Manager coming in and taking a look at what is going on in our City and looking at what needs attention not only in regard to salary but job classification as well. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 450-28 - 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. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to approve Ordinance No. 450-28 on its first and only reading. City Manager, Bill Eisen, stated this item relates to modification of the police pay plan. The current pay plan requires an officer to be with the City 25 years before he or she gets to the top of that salary range and this is not competitive with the surrounding communities. The ordinance being considered would modify this to a 9 year maximum rather than 25 years. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. Page 19 of 33 - 10/08/2001 iso CONSIDERATION AND POSSIBLE ACTION - RATIFY CITY MANAGER'S APPOINTMENT OF A DEPARTMENT HEAD. Mr. Bill Eisen, City Manager. Councilmember Wilkins made the motion, seconded by Councilmember Owens, to ratify the City Manager's appointment of Department Head for Projects Director position and that Council accept Joe Wertz to that position. City Manager, Bill Eisen, stated he and Deputy City Manager Alan Mueller interviewed four applicants for this position which were pulled out of a very large group of applicants. It was felt that Mr. Wertz was the applicant needed for this job for a number of reasons, including his experience and accomplishments in public and private sectors. He has dealt with some pretty complex situations similar to what he would have to do in this position. Voting "Aye" Councilmembers Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-126 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING ONE (1) REPRESENTATIVE AND ONE (1) ALTERNATE TO THE HOUSTON-GALVESTON AREA COUNCIL 2002 GENERAL ASSEMBLY AND BOARD OF DIRECTORS. Mayor Reid. Councilmember Seeger made the motion, seconded by Councilmember Owens, to approve Resolution No. R2001-126 appointing one representative being Mayor Tom Reid and the alternate representative being Mayor Pro -Tem Marcott to the Houston -Galveston Area Council 2002 General Assembly and Board of Directors. Voting "Aye" Councilmembers Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-128 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN AMENDMENT TO THE CONTRACT WITH WALSH/FREESE AND Page 20 of 33 - 10/08/2001 191 NICHOLS, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE MYKAWA BRIDGE PROJECT. Mr. Alan Mueller, Deputy City Manager. Councilmember Owens made the motion, seconded by Councilmember Seeger, to approve Resolution No. R2001-128. City Manager, Bill Eisen, stated this item is the result of a series of changes that have been made to TXDot and plans that were submitted for Mykawa Road bridge. This item is for additional engineering costs to make these changes as well as additional construction costs associated with the TXDot changes. The engineering figure is $36,368 and construction is $269,313. Mayor Pro -Tem Marcott asked about an item in the agreement regarding making an effort to reuse equipment acquired by the City of Pearland from the contractor of the original traffic signal installation. City Manager, Bill Eisen, stated there was a signal originally planned for McHard and Mykawa. When the City entered into the agreement with TXDot to construct these improvements to the bridge, installation of the signal was delayed. That signal has been sitting in the City's shop awaiting installation until after the bridge improvements have been completed. This is referring to a signal that has never been installed because the project has been pending. Voting "Aye" Councilmembers Owens, Marcott, jNilkins, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-134 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO CONTRACTS WITH GARCIA AND ASSOCIATES, INC. AND C. L. DAVIS AND COMPANY FOR ENGINEERING AND SURVEYING SERVICES ASSOCIATED WITH THE WEST LEA WATER AND SEWER PROJECT. Mr. Alan Mueller, Deputy City Manager. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2001-134. Page 21 of 33 - 10/08/2001 192 City Manager, Bill Eisen, stated the proposed engineering services are for design of water and sewer systems for the West Lea subdivision. The City has now reached an agreement with the owner of the water system to purchase the system. This means that the City can now provide water service in the area and at the same time install water lines and sewer. Expenditures proposed are for engineering and necessary surveying for the project. Based upon the most recent estimates there may not be sufficient funds available for improvements both within the subdivision and for the Manvel Road water line. Staff is suggesting to go ahead and bid both and if there are not adequate funds for the Manvel Road water main that can be heard at a later date. If there is some likelihood that some development occurred in the area, some of that can be paid for by the developer. Eric Hall with Garcia and Associates Engineering stated he has done a lot of work for Pearland that began in 1995 and most of it was wastewater related with SW EC. He further stated he has a good relationship with everyone here and has been a real pleasure over the years. Since those days he has gone to work at Garcia and Associates and they have 120 people and all but 4 of them are located in Dallas. He has two PE's, one EIT and Design Tech who will do the production here. Further discussion ensued between Council and Eric Hall of Garcia and Associates regarding specifications of the proposed contract. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, and Owens Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-133 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT WITH JKC & ASSOCIATES, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE HARKEY ROAD WATER LINE. Mr. Alan Mueller, Deputy City Manager. Councilmember Wilkins made the motion, seconded by Councilmember Seeger, to approve Resolution No. R2001-133. City Manager, Bill Eisen, stated this particular project is for design of a water line. JKC & Associates has done work for the City in the past with satisfactory work. Page 22 of 33 - 10/08/2001 193 Jason Christian with JKC & Associates stated good portion of this particular project is right-of-way acquisition. There is a lot of surveying administrative work that will be done to acquire that property. Voting "Aye" Councilmembers Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-132 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT WITH JKC & ASSOCIATES, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE FITE/WAGON WHEEUHATFIELD AREA WATER AND SEWER PROJECT. Mr. Alan Mueller, Deputy City Manager. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2001-132. City Manager, Bill Eisen, stated the recommendation for this project is JKC & Associates based on past experience with them. Mayor Pro -Tem Marcott asked if JKC & Associates had the people to get this jobs done. A representative from JKC & Associates stated this is a local firm with 5 employees and is currently doing work with the City. They are in the process of wrapping up the 3rd of 3 projects, similar to what is being proposed now. They have a good track record of managing several projects and getting them all completed timely and correctly and would hope the City would concur. He stated from a staffing perspective this should not be a problem. He would not put his name on it if they did not have the ability to do the work. Voting "Aye" Councilmembers Owens, Marcott, Wilkins, and Seeger. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. Page 23 of 33 - 1010812001 194 CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-131 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT WITH JKC & ASSOCIATES, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE WAGON WHEEL SUBDIVISION SEWER PROJECT. Mr. Alan Mueller, Deputy City Manager. Councilmember Owens made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2001-131. City Manager, Bill Eisen, stated the cost estimate for this job is actually less than the budget. Mayor Pro -Tem Marcott asked if there was a water district in there that covers this whole area. Deputy City Manager, Alan Mueller, stated there is a company called Aqua Source which owns it called Wagon Wheel Utilities. The City has had no complaints about this company except one letter they received when they had a rate increase a couple of years ago. Mayor Pro -Tem Marcott asked when the City was given jurisdiction over West Lea did the City have jurisdiction over the rest of the water companies inside city limits. Deputy City Manager, Alan Mueller, stated, as far as the rate regulation, the City does have jurisdiction. Councilmember Owens asked if the City chooses a surveying firm to add to these contracts. Deputy City Manager, Alan Mueller, stated generally we do in not all cases, in these particular ones Staff did recommend C.L. Davis because they have a lot of experience in this area so this gives them a base to work from. The City has always had very good experience with them. Further discussion ensued between Council, Staff and a JKC & Associates representative regarding this project. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, and Owens. Voting "No" None. Page 24 of 33 - 10/08/2001 195 Motion Passed 4 to 0, with Councilmember Tetens absent. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-136 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR. HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT WITH SNOWDEN ENGINEERING, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE OILER DRIVE WATER MAIN PROJECT. Mr. Alan Mueller, Deputy City Manager. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to approve Resolution No. R2001-136. Councilmember Seeger asked about the hourly rates for Snowden Engineering being consistent or if they charge more than typical. Deputy City Manager, Alan Mueller, stated that he looked at the total price of the contract and not the hourly rate. Councilmember Seeger asked if there was a cap on the cost associated with estimated hours and fees. Deputy City Manager, Alan Mueller, stated this is converted to a lump sum contract unless something really unusual turns up that the engineering firm was not expecting and then the firm would ask for an additional fee. City Manager, Bill Eisen, stated there is a maximum contract amount specified in the contract itself which is $22,770. Mayor Pro -Tem Marcott stated the previous bidder, JKC & Associates, did a much better job with the estimate and broke it down into what was what, as opposed to just giving a lump sum price for the project. Councilmember Seeger asked if there were any other bidders on this particular project. City Manager, Bill Eisen, stated there are bidders on engineering contracts but we are prohibited by law from taking bids. What the City is required to do is negotiate with someone who we feel is qualified to do the work. Councilmember Wilkins stated several years ago he was told by several Staff members that this particular firm subcontracts quite a bit of their work out, more so than most, and he would like to know if there is any validity to that as far as current Staff is aware of. Page 25 of 33 - 10/08/2001 196 City Manager, Bill Eisen, stated whether it subcontracts or not this firm is responsible for the work. Voting "Aye" Councilmembers Owens, Marcott, and Seeger. Voting "No" Councilmember Wilkins. Motion Passed 3 to 1, with Councilmember Tetens absent. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-135 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT WITH CORRIGAN CONSULTING, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE PEARLAND PARKWAY WETLANDS PERMIT. Mr. Alan Mueller, Deputy City Manager. Councilmember Wilkins made the motion, seconded by Councilmember Seeger, to approve Resolution No. R2001-135 for $73,000. City Manager, Bill Eisen, stated some objections and concerns have been raised during public comment period in regards to the Pearland Parkway wetlands permit. This contract is for Corrigan Consulting to do the necessary work to respond to each of those questions or comments during that period. Mayor Pro -Tem Marcott asked why Belaire Environmental was in this. Deputy City Manager, Alan Mueller, stated when the City first received all the public comments they realized that this was not going to be a straightforward deal any longer. A subconsultant was brought in, Charlie Belaire, to help with the actual mitigation plan, which is his forte. There are several things the City is trying to accomplish, number one being responding to all the public comments and second making some amendments to the application form itself and third is preparing the mitigation plan for the actual site that will have to be dedicated as the mitigation. Gail Corrigan, Corrigan Consulting, stated Mr. Belaire is an ex -agency and an expert with the Corp of Engineers Galveston. He is on retainer for doing all the mitigation work for the Corp of Engineers Galveston. This is why his expertise is so important on this project. Councilmember Owens stated his concern is that he does not feel that Council should approve something unless they get a good handle on the cost. We are saying that there could be $44,000 to $60,000 cost to complete this. He stated if the City does anything it Page 26 of 33 - 10/08/2001 197 needs to be put down for the $44,000 and if it takes more work to do what is supposed to do then it could come back and be changed. Gail Corrigan, Corrigan Consulting, stated she has no problem with that and explained the reason they are unable to nail down a cost on this project is because the Corp of Engineers has decided to go back out on comment for public comment a second time on this permit and they do not know how much additional controversy they could run into. She further stated the $44,000 is their best estimate. Deputy City Manager, Alan Mueller, stated the contract does estimate a completion date of November 30, 2001 but with the specter of the second public comment period the completion date cannot be guaranteed. Councilmember Owens stated he would rather put a ceiling on this and come back if additional money is needed. Further discussion ensued between Council, Staff and Gail Corrigan with Corrigan Consulting regarding the specifics of this engineering contract. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-141 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE FM 521 WATER PLANT. Mr. Alan Mueller, Deputy City Manager. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2001-141. City Manager, Bill Eisen, stated the low bidder on the project is R & B Group in the amount of $2,160,888. The consulting engineer has reviewed the qualifications of the contractor and the low bidder and recommended R & B Group. Deputy City Manager, Alan Mueller, stated the City is well under the budget and the estimate on this project. The extra money will be used to build the Manvel Road water line. Voting "Aye" Councilmembers Owens, Marcott, Wilkins, and Seeger. Page 27 of 33 - 10/08/2001 nm Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-130 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONSTRUCTION INSPECTION SERVICES CONTRACT WITH BOB HOLT FOR INSPECTION SERVICES ASSOCIATED WITH THE SHADOW CREEK RANCH WATER PLANT. Mr. John Hargrove, City Engineer. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Marcott, to approve Resolution No. R2001-130. City Manager, Bill Eisen, stated this contract is for inspection of the project just awarded. Bob Holt, who is proposed to do the inspection, has done similar work for the City in the past with good results. His fee for services is 1.75% of the construction cost which is $37,815.54. Mayor Pro -Tem Marcott asked if this is the same type of simplified contract as was done earlier. City Attorney, Darrin Coker, stated this is what Council opted to do last time. This is not consistent with our normal contract but in this particular case Mr. Holt did carry different. insurance than what was required in our other contracts. Council decided at that time to go with this form because they were satisfied with Mr. Holt's previous performance. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-142 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH INTERSECTION MODIFICATIONS AT DIXIE FARM ROAD AND WESTFIELD LANE. Mr. Alan Mueller, Deputy City Manager. Page 28 of 33 - 10/08/2001 199 Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2001-142. City Manager, Bill Eisen, stated the improvements being discussed are an exclusive left turn lane on Dixie Farm Road at Westfield Lane. The low bid was $80,140 by SCI Constructors, Inc. Mayor Pro -Tem Marcott stated this seems like a lot of money for this little project, although it needs to be done. Deputy City Manager, Alan Mueller, stated out of the 2 bids this one was substantially lower than the other bid. There is no reason to think that if the City rebids it that they may get better bids but there is certainly the option to do that. This project should be completed in 60 days. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-138 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE FAR NORTHWEST INTERIM WASTEWATER TREATMENT PLANT PHASES I AND IL Mr. Alan Mueller, Deputy City Manager. Councilmember Wilkins made the motion, seconded by Councilmember Seeger, to approve Resolution No. R2001-138. City Manager, Bill Eisen, stated this project is for the installation of 125,000 gallons per day capacity and up to 18 months lease on the equipment with a total cost being $385,200. Phase II could begin at any time during the initial 18 months or at the end of the 18 months. Mayor Pro -Tem Marcott asked if Staff is comfortable with the equipment Aqua Utility Construction is proposing to use. David Tinney, Senior Project Manager for LJA Engineering stated Aqua Source is the parent company for this company and may have available to them more used equipment that can be utilized for this job than other companies have. Page 29 of 33 - 10/08/2001 200 Further discussion ensued between Council and the Deputy City Manager regarding the timeline and cost of this project. Voting "Aye" Councilmembers Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-139 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT WITH MONTGOMERY-WATSON, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE PREPARATION OF A WATER MASTER PLAN FOR THE CITY. Mr. Alan Mueller, Deputy City Manager. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2001-139. City Manager, Bill Eisen, stated the scope of work includes development of a distribution system and computer model which could be used to look at different development. The project would also identify large system deficiencies and identify projected improvement plans in correcting those deficiencies. It would also do some work with regard to developing the SCADA, which is an electronic control system for the water system, master plan. A water blending analysis would be done as part of the scope of the work. Mayor Pro -Tem Marcott stated it was said that a lot of work was added and asked if the City added $55,000 worth of work. Deputy City Manager, Alan Mueller, stated there was a SCADA task in Council's packet but wanted to get immediate recommendations. The SCADA task, the GIS integration, the water blending analysis totals up to $60,448. Further discussion ensued between Council and Staff regarding the specifics of this project and the cost. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. Page 30 of 33 - 10/08/2001 201 CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-140 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT W ITH MONTGOMERY-WATSON, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE PREPARATION OF A WASTEWATER MASTER PLAN FOR THE CITY. Mr. Alan Mueller, Deputy City Manager. Councilmember Owens made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2001-140. City Manager, Bill Eisen, stated this is similar to the previous item. This is for projecting the future of wastewater flows using the computer model to identify system deficiencies and identify a projected CIP for correcting those deficiencies. Voting "Aye" Councilmembers Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-127 - r, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY FOR THE CONSTRUCTION, IMPROVEMENT, MAINTENANCE, AND REPAIR OF DESIGNATED STREETS OR ALLEYS WITHIN THE CITY OF PEARLAND. Mr. Jerry Burns, Public Works Director. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to approve Resolution No. R2001-127. City Manager, Bill Eisen, stated each year the City enters into an agreement with Brazoria County to work with the City on overlays of various streets in town. This is the annual agreement in which the City provides the asphalt and the County provides labor, with the exception of flag personnel. The City's expected expenditure this year is $550,000. Councilmember Owens asked if the City could ask the County not to lay the asphalt and do the overlay when it is raining. Further discussion ensued between Council and Staff regarding several roads in Pearland in which the County did overlays and are now problem areas. Page 31 of 33 - 10/08/2001 20? Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 12:05 a.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY: REGARDING POTENTIAL LITIGATION - ASSOCIATED W ITH LAND USE REGULATIONS. Mr. Darrin Coker, City Attorney. 2. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY: REGARDING PENDING LITIGATION - ASSOCIATED WITH LAND USE LITIGATION. Mr. Darrin Coker, City Attorney. 3. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY: REGARDING PENDING LITIGATION - ASSOCIATED WITH THE ACQUISITION OF PROPERTY ALONG PEARLAND PARKWAY. Mr. Darrin Coker, City Attorney. 4. SECTION 551.074 - PERSONNEL MATTERS: DISCUSSION REGARDING THE HIRING OF A DEPARTMENT HEAD FOR THE CITY OF PEARLAND. Mr. Bill Eisen, City Manager. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 12:58 a.m. CONSIDERATION AND POSSIBLE ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING POTENTIAL LITIGATION - ASSOCIATED WITH LAND USE REGULATIONS. Mr. Darrin Coker, City Attorney. No Council action taken. Page 32 of 33 - 10/08/2001 I 203 CONSIDERATION AND POSSIBLE ACTION -INSTRUCTION TO THE CITYATTORNEY REGARDING PENDING LITIGATION - ASSOCIATED WITH LAND USE LITIGATION. Mr. Darrin Coker, City Attorney. No Council action taken. CONSIDERATION AND POSSIBLE ACTION -INSTRUCTION TO THE CITY ATTORNEY REGARDING PENDING LITIGATION - ASSOCIATED WITH THE ACQUISITION OF PROPERTY ALONG PEARLAND PARKWAY. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Wilkins, to authorize Staff to proceed with the acquisition of additional right-of-way for Pearland Parkway. Voting"Aye" Councilmembers Seeger, Wilkins, Marcott, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE HIRING OF A DEPARTMENT HEAD FOR THE CITY OF PEARLAND. Mr. Bill Eisen, City Manager. No Council action taken. ADJOURNMENT: Meeting was adjourned at 12:59 a.m. Minutes approved as submitted and/or corrected this the 22" y of October, 2001. Tom Reid ATTEST Mayor v--1 ' I.1 Yoling Page 33 of 33 - 10/08/2001 204 THIS PAGE LEFT INTENTIONALLY BLANK