2002-10-14 CITY COUNCIL REGULAR MEETING MINUTES0'43
�- MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON OCTOBER 14, 2002, AT 7:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
The meeting was called to order with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Woody Owens
Richard Tetens
Charles Viktorin
Larry Marcott
Klaus Seeger
Bill Eisen
Darrin Coker
Young Lorfing
Others in attendance: Deputy City Manager Alan Mueller; Executive Director of
Community Services Tobin Maples; Executive Director of Economic Development
Corporation Fred Welch; Police Chief J.C. Doyle; City Engineer John Hargrove; Public
Affairs Liaison Lynn Munford; Parks and Recreation Director Ed Hersh; Public Works
Director Jerry Burns; Project Manager Allen Hague; Administrative Analyst Chris
Kidwell.
The invocation was given by Councilmember Viktorin and the Pledge of Allegiance was
led by J.C. Doyle, Chief of Police.
MAYOR'S ACTIVITY REPORT
Mayor. Reid and Mayor Pro -Tem Owens- presented a proclamation to Diane. Fleming
and Steve Friedman proclaiming October 15 as "Youth and Family Counseling Services
Day"
Mayor Reid presented a proclamation to Nell Fuller and Sherry Howell, District 16
President with the Ladies Auxiliary of VFW No. 7109 proclaiming October 1.4 as
"POW/MIA Recognition Day"
Mayor Reid reported on September 24 he gave the invocation for the Pasadena City
Council, attended a luncheon with the Latter Day Saints Community Church and the
Ribbon Cutting for Dr. Moghaddin's new office; September 25 attended the Adult
Reading Center Meeting with the United Way, Chamber Salute to Industry Awards
Luncheon; September 25-28 attended the TML Risk Pool Board of Directors Meeting;
September 29 presented a Proclamation dedicating the Church of Ladder Day Saints;
September 30 he recognized and presented a Certificate of Appreciation to the first
residents to move in the Shadow Creek Ranch Development; October 1 attended AARP
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044
Monthly Meeting and October 10 attended the Ribbon Cutting for the HEB Grocery
Store.
COUNCIL ACTIVITY REPORTS
Due to the meeting starting late the Councilmembers passed on giving their activity
reports,
Councilmember Marcott commended Mr. Eisen and the City Staff for the Meet the City
program that was on held on Saturday, October 12, 2002, and stated this event keeps
getting better every year.
CITY MANAGER'S REPORT
City Manager, Bill Eisen, stated the Brazoria County Partnership has organized an effort
to make known to Texas Transportation Commission many of the transportation needs,
that Brazoria County has due to growth. This effort is going to be made on October 31,
as well as a presentation to the Commissioners in Austin. A number of Cities in
Brazoria County will be participating and will presenting the Commission with specific
information about some of the transportation and road improvement needs Brazoria
County has. The City of Pearland will be one of the participating entities. He further
reported Mayor Reid, Councilmember Owens, Fred Welch and he will be attending the
meeting with the Texas Transportation Commission. Mr. Eisen further stated they will
be presenting some specific needs the City of Pearland has as well as others that will
be representing their City.
CITIZENS
Michael Klaus, 5016 Groveton, addressed Council and stated he wanted to remind the
Council that the residents in the Corrigan Subdivision is still going to hold the Council to
their commitment as far helping the Corrigan Residents. He further stated it has been
reported to him that the meetings with Hatfield have taken place and some of that
information has come back to City Council. In closing, Mr. Klaus stated they are looking
for the item to be taken off the table and some kind of action taken on October 21, 2002.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES:
1. Minutes of the September 9, 2002, Joint Public Hearing held at 6:30 p.m.
2. Minutes of the September 16, 2002, Special Meeting held at 6:00 p.m.
3. Minutes of the September 17, 2002, Special Meeting held at 6:00 p.m.
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045
4. Minutes of the September 23, 2002, Regular Council Meeting held at 7:30
p.m.
D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-611 - 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 LOT 8
OF BETHEL SUBDIVISION SECTION 1, BRAZORIA COUNTY, RECORDED IN
VOLUME 19, PAGES 223-224 OF THE PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 1059) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE
FAMILY DISTRICT (RE) AT THE REQUEST OF JOSEPHINE SAM, OWNER,
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE,. AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Mr. Tobin Maples, Executive Director of Community Services.
E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-612 - 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 ROBIN
COVE SUBDIVISION SECTION 2, A-234, H.T.& B.R.R. COMPANY SURVEY,
BLOCK 1, LOT 10, ACCORDING TO THE MAP OR PLAT RECORDED IN
VOLUME 19, PAGE 185 OF THE PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 1060) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-1) AT THE
REQUEST OF RICTOR AND CAROLINE HARRIS OWNERS, PROVIDING FOR
AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND
OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples,
Executive Director of Community Services.
F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-613 - 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 BLOCK
1, LOT 76, SOMERSETSHIRE ESTATES A-304 H.T.& B.R.R. (9622
CAMELOTS COURT) (APPLICATION NO. 1063) FROM CLASSIFICATION
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SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT
(R-1) AT THE REQUEST OF SANTOS CRUZ, OWNER, PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive
Director of Community Services.
H. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-161 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, REPEALING ALL PREVIOUS APPOINTMENTS OF CITY EMPLOYEES
TO THE POSITION OF DEPUTY CITY SECRETARY AND RATIFYING THE
APPOINTMENT OF CERTAIN CITY EMPLOYEES TO SAID POSITION. Mr.
Darrin Coker, City Attorney.
J. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2002-167 -
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) TO REFURBISH AND REMOUNT AN AMBULANCE BODY. Mr.
Gordon Island, Purchasing Officer.
Councilmember Tetens asked that Consent Agenda Items B,C,.G, and I be removed
from the Consent Agenda for further discussion.
Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to
adopt Consent Agenda Items A through J, with the exception of items B,C,G, and I, as
presented on the Consent Agenda.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
Councilmember Tetens asked that Consent Agenda Items B,C,G, and I be removed
from the Consent Agenda for further discussion.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-608 - 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
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CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY AND GRANTING A
SPECIFIC USE PERMIT FOR OUTSIDE STORAGE, ON THE FOLLOWING
PROPERTY, BEING 4.9990 ACRES, BEING THE SOUTH 1/2 OF LOT 3, AND
4.990 ACRES BEING THE NORTH 1/2 OF LOT 3 OF THE ALLISON RICHEY
GULF COAST HOME COMPANY SUBURBAN GARDENS SUBDIVISION OF
SECTION 19, H.T.& B.R.R. COMPANY SURVEY, A-243, ACCORDING TO THE
MAP OR PLAT RECORDED IN VOLUME 2, PAGES 23-24, PLAT RECORDS
OF BRAZORIA COUNTY, TEXAS (APPLICATION 1064)(SPECIFIC USE NO.
112) (1805 CULLEN BOULEVARD TO 1855 CULLEN BOULEVARD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO COMMERCIAL
DISTRICT - SPECIFIC USE (C(S)) AT THE REQUEST OF GIL ALLISON,
AGENT FOR ALLISON INVESTMENTS, OWNERS, PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive
Director of Community Services.
Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to
approve Ordinance No. 509-608 (Application No. 1064)(Specific Use No. 112) on its
second and final reading.
Councilmember Tetens stated the Specific Use Permit is not very specific and he is
concerned about what will be stored outside.
Councilmember Seeger stated he is also concerned with the outside storage. He is
also concerned about the possible request for a variance that would allow the applicant
to waive the current fence requirement. He said Commercial zoning is appropriate for
- this application, however, the outside storage is wide open with no restrictions on what
can be stored outside. Therefore, he will not be supporting the land use change with
that configuration.
Lengthy discussion ensued between Council regarding the requirement of installing a
fence around the property, and the current zoning of the surrounding properties._ The
Council also discussed the need to revisit the Land Use Ordinance and make the
necessary amendments to process these types of request in the future.
Voting "Aye" Councilmembers Marcott, Owens, and Viktorin.
Voting "No" Councilmembers Tetens, and Seeger.
Motion Passed 3 to 2.
Page 5 of 17 — 10/14/2002
C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-615 - 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 40
ACRES, LOCATED IN THE F.B. DRAKE SURVEY, H. T. & B. R.R. COMPANY
SURVEY, SECTION 14, A-509, BRAZORIA COUNTY, TEXAS (APPLICATION
NO. 1050)(NORTHEAST CORNER OF HARKEY AND BAILEY ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO PLANNED UNIT
DEVELOPMENT (PUD) AT THE REQUEST OF PETER BOESCHER, AGENT
FOR KIRBY RUN AND ASSOCIATES, INC., OWNERS, PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive
Director of Community Services.
Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to
approve Ordinance No. 509-615 (Application No. 1050) on its second and final reading.
Councilmember Tetens stated he is concerned with this request because fifty percent of
this development has R-3 lots, and that results in a lot of concrete and roof tops.
Mayor Reid reported there was a Residential Committee that worked with the Developer
on this development. The Committee felt very comfortable with the decision and
orientation of the development on the property.
Brief discussion ensued between Councilmember Marcott and Alan Mueller, Deputy
City Manager, regarding the future improvements to Bailey Road. Councilmember
Marcott stated the Traffic Study he received from the Developer is very difficult to read,
and he is concerned with additional traffic in the area this development will generate.
Councilmember Seeger stated these are narrow but deep lots, and the density is
acceptable. However, he understands Councilmember Tetens concerns.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" Councilmember Tetens.
Motion Passed 4 to 1.
G. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-614 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE
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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 48.2221
ACRES, BEING ALL OF TRACT 1 AND A PORTION OF TRACT 2, OF THE
B.M. JAMISON TRACT, SITUATED IN SECTION 1 OF THE A.C.H. & B.
SURVEY, A-147, AND THE T.D. YOCUM SURVEY, A-399, BRAZORIA
COUNTY TEXAS (JOHN LIZER AT PEARLAND PARKWAY)(APPLICATION
NO. 1051)FROM CLASSIFICATION SUBURBAN DEVELOPMENT BUSINESS
DISTRICT (SDB) TO SINGLE FAMILY DISTRICT (R-1) AT THE REQUEST OF
KEN CAFFEY, AGENT, FOR AMVEST PROPERTIES, INC., OWNERS,
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Mr. Tobin Maples, Executive Director of Community Services.
Mayor Pro -Tem Owens made the motion, seconded by Councilmember Viktorin, to
approve Ordinance No. 509-614 (Application No. 1051) on its second and final reading.
Councilmember Tetens stated he wants to reiterate to the Developer that he could do a
real nice job and have a very nice subdivision with a little planning, without having the
cookie cutter types of homes. Councilmember Tetens encouraged the Developer to
consider his request.
Councilmember Marcott stated it is evident on the types of developments and the kind
of subdivision Council would like to see from the Developers.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
I. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-164 —
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN INTERLOCAL COOPERATIVE AGREEMENT TO ALLOW
PARTICIPATION IN A STATEWIDE COOPERATIVE PURCHASING
PROGRAM. Mr. Gordon Island, Purchasing Officer.
Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Owens, to
approve Resolution No. R2002-164.
City Manager, Bill Eisen, stated this I similar to arrangements the City already has with
a number of entities. This allows the City to do cooperative agreements when its to the
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050
City's advantage. This gives the City one opportunity for the City to look for the most
favorable pricing for the City. Mr. Eisen stated they will offer items that may not be
offered by the others, it.just gives the City one more option.
Councilmember Tetens asked if there is a fee to purchase off of this agreement.
City Manager, Bill Eisen, stated there is not a fee to buy off of the State Program. To
buy through H.G.A.C. there is an administrative fee that applies only when you
purchase something. That fee covers the administrative costs of them having process
the bids. This agreement has a $200 a year fee. That is all that is charged for this
agreement.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
NEW BUSINESS
COUNCIL -ACTION - RESOLUTION NO. R2002-158 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK
AUTHORIZATION #6 SUPPLEMENT #5 FOR ENGINEERING SERVICES
ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM.
Mr. Bill Eisen, City Manager.
Councilmember Seeger made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2002-158.
City Manager, Bill Eisen, stated this proposed work is part of the City's Bond Program
and will come under the supervision of Turner, Collie and Braden's program.
Specifically, this is for environmental analysis to be done in association with the
Bailey/Oiler Drive project.
Mayor Reid asked that future agenda items reflect the projects that the action is
associated with.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
Page 8 of 17 —10/14/2002
05�
COUNCIL ACTION - RESOLUTION NO. R2002-160 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK
AUTHORIZATION #6 SUPPLEMENT #4 FOR ENGINEERING SERVICES
ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM.
Mr. Bill Eisen, City Manager.
Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to
approve Resolution No. R2002-160.
City Manager, Bill Eisen, stated this item also relates to the Bailey/Oiler project. This is
specifically for assistance of land acquisition on 190 parcels that have been identified to
this point. There are two different firms being proposed, Cobb Finley and Associates
and Contract Land Staff. The intent is that the work will be split evenly with the same
number of parcels given to each company. This will allow the City to move forward
more quickly in acquiring the necessary parcels for the project.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2002-159 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK
AUTHORIZATION #8 SUPPLEMENT #1 FOR ENGINEERING SERVICES
ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM.
Mr. Bill Eisen, City Manager.
Councilmember Viktorin made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2002-159.
City Manager, Bill Eisen, stated this item is for right-of-way document preparation for
three tracts of land that will have to be acquired for some of the miscellaneous Bond
Project improvements. The specific intersections that will be involved are Pearland
Parkway at Broadway and Liberty at Broadway.
Mayor Pro -Tem Owens asked if in the future the Council could see some kind of break
down of cost instead of a lump sum figure. Maybe, showing the cost of each task.
Greg Hester, Turner, Collie and Braden stated they will do that in the future.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Page 9 of 17 —10/14/2002
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2002-163 — 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 AMBROSE,
McENANY AND HOUSE, ARCHITECTS FOR ARCHITECTURAL/ ENGINEERING
SERVICES ASSOCIATED WITH THE CONSTRUCTION OF THE RECYCLING
CENTER. Mr. Jerry Burns, Public Works Director.
Councilmember Viktorin, made the motion, seconded by Councilmember Tetens, to
table this item to allow staff time to review the contract and clarify the inspection issues.
City Manager, Bill Eisen, stated the. City has received Grant funding to construct a
recycling center at the Southwest Environmental Center. This is a project that has been
in the works for some time. The item being considered this evening is the Architectural
and Engineering Services associated with the construction of the building, the facility,
parking, an unloading area and any engineering involved with the extension of Magnolia
Drive. The Architectural firm which will be the lead consultant on the project is
Ambrose, McEnany and House. This firm has done a recycling center in another
community in the Houston area and gets very high ratings from that community.
Lengthy discussion ensued between Council and Staff regarding the project. One of
main concerns is having an on site inspector to oversee the project. After the
discussion it was the recommendation of Council to table this item to allow Staff to
further review the contract and also the need to distinguish between a periodic site ---
inspection and a full-time inspector.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, and Seeger.
Voting "No" Councilmember Marcott.
Motion Passed 4 to 1.
COUNCIL ACTION — RESOLUTION NO. R2002-169 - 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 S & B
INFRASTRUCTURE, LTD FOR ENGINEERING SERVICES ASSOCIATED WITH THE
INDEPENDENCE PARK PAVILION. Mr. Ed Hersh, Parks and Recreation Director.
Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Owens, to
approve Resolution No. R2002-169.
City Manager, Bill Eisen, stated this is the replacement for the Independence Park
Pavilion, which was included in the current budget. This agreement is for the necessary
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{, 5'
structural and other engineering that would be required for the new facility. The
proposed contract is with S & B Infrastructure.
Mayor Pro -Tem Owens asked Ed Hersh, Parks and Recreation Director to brief the
Council on the project since it involved extending the building, adding four inches of
concrete on existing floor, extending the overhead on it, water fountain, basket ball
goals. Mayor Pro -Tem Owens further stated the project is a little bit more than what
Council had looked at other than repairs.
Ed Hersh, Parks and Recreation Director, and Eddie Kirst, S & B Infrastructure, gave
Council a detailed overview of the project
Brief discussion ensued between Council, Mr. Eisen, Mr. Hersh and Mr. Kirst regarding
the proposed project.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — REGARDING THE YOST ROAD COMMITTEE MEETING. Mr.
Alan Mueller, Deputy City Manager.
Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Owens, to
direct Staff to solicit a proposal for noise analysis, not to designate Yost Road as a truck
route, and to establish a 30 mile per hour speed limit on Yost Road.
City Manager, Bill Eisen, stated that Alan Mueller, Deputy City Manager, has done an
excellent job of summarizing the questions and concerns that was raised at the first
meeting of the Yost Road Residents Committee. There are three issues that require
some direction from the City Council. One is the provision that some type of noise
analysis, second is that the City clearly indicates that Yost Road will not be designated
a truck route, and third is that a 30 mile per hour speed limit be established on -Yost
Road.
Johnny Moore, 2109 Pinehill E. at Yost, addressed Council and stated he lives along
Yost Road and does not know who is on the committee. He has not been contacted
and does not know anything about the committee. Mr. Moore stated the City should
have notified everyone.
Alan Mueller, Deputy City Manager, gave a brief overview of the Committee Meeting.
He also stated the Committee does not want sound walls erected. They are interested
in some type of sound continuation that could occur through some berming and
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(1 51
landscaping and things like that. From a Sound Consultants perspective they are not
sure that could be achieved. A sound study would cost around $6000 to $8000. He
further stated with regard to the selection of the Committee it was made based on
people who contacted the Sleepy Hollow Home Owners Association, who
recommended two or three members, there were two members. in the community that
has attended a lot of the meetings. One of the individuals chose to be on the committee,
and there were other individuals that had come by the office and expressed an interest
to serve on the Committee. In closing Mr. Mueller reported there will also be at least
one public meeting for everyone to attend.
Brief discussion ensued between Council and Staff regarding the noise issue, truck
routes and the speed limit on Yost Road.
Denise Pack, 2201 Washington Irving, Yost Road Committee, addressed Council
regarding the speed limit. She stated she realizes its hard to hold the traffic to 30 miles
per hour, but raising the speed will not be the answer either. The Committee wants to
make sure the Council is going to stand by them. The residents want to preserve the
integrity of the neighborhood. It is a quite neighborhood, and they know the traffic is
going to increase. The residents are OK with that, as long as the Council understands
the issues. In closing Ms. Pack stated the residents will do what ever they can to help
with the project.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — FIRST READING OF ORDINANCE NO. 1081 - AN ORDINANCE
OF THE CITY -COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE
ENCROACHMENT OF RESIDENTIAL DWELLING INTO A UTILITY EASEMENT AND
DRAINAGE EASEMENT OWNED BY THE CITY. Mr. Darrin Coker, City Attorney.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Owens, to
remove Section 4 of the ordinance and approve Ordinance No. 1081 as amended on its
first reading.
City Manager, Rill Eisen, stated there was a house previously located on the premises
that encroached into two different easements that the City owns. The house was
recently destroyed by fire and the property owner would like to build a house on the
same slab. Unfortunately, the encroachment has resulted in the individual not being
able to obtain a building permit because of the encroachment. The action that is being
proposed this evening is a waiver by the Council of the encroachments using the
standard City agreement.
Page 12 of 17 — 10/14/2002
?55
Harry Locher, 2810 Green Tee, addressed Council and stated in January of this year
his home was destroyed by fire. Mr. Locher further stated they are ready to rebuild their
home. The City Engineer does not want to grant him a permit to rebuild because of the
pipe that is located under the cement slab. He said he is not asking for the City to give
one more. thing than what has been granted to them in the past. The piece of pipe runs
under a storage room where the slab is. It is not part of the main structure. It was a
store room added on to the garage. The pipe is approximately eight to ten feet deep.
The only purpose is to drain the water from one of the ponds at Golfcrest Country Club.
In closing Mr. Locher asked that City Council reconsider and let him rebuild on the same
existing slab the same house.
Lengthy discussion ensued between Council, Staff, City Attorney and Mr. Locher
regarding the wavier of encroachment.
Darrin Coker, stated if it is consistent across Council to grant the waiver then he
recommends that Council include that in the motion to remove Section 4. of the
Ordinance. Section 4 is the section that would require Mr. Locher to relocate the
underground pipe at his expense.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2002-165 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH MYKAWA BRIDGE WETLAND
MITIGATION PROJECT. Mr. Bill Eisen, City Manager.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Owens, to
approve Resolution No. R2002-165.
City Manager, Bill Eisen, stated this is a construction contract that is proposed to be
awarded to Haddock Construction Company, for construction of the wetlands area that
is required to mitigate the loss of wetlands associated with the Mykawa Road Bridge
Project.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
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056
COUNCIL ACTION - RESOLUTION NO. R2002-166 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE WEST LEA WATER/SEWER
AND ROAD OVERLAY PROJECT. Mr. Bill Eisen, City Manager.
Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to
approve Resolution No. R2002-166.
City Manager, Bill Eisen, stated the City is moving forward to purchase the water
system in West Lea. The purchase of the system is now complete. This is the
construction contract award for installation of water and sewer. The low bid is from
Calco Contracting, Inc. in the amount of $4,050,030.
Mayor Pro -Tem Owens stated he would like for this project to placed on calendar days
rather than working days.
Councilmember Marcott stated in the future he would like to see all the bid tabulations,
not just successful bidder tabulation.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2002-162 — 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 HBC
ENGINEERING FOR CONSTRUCTION MATERIALS TESTING ASSOCIATED WITH
THE WEST LEA WATER/SEWER AND ROAD OVERLAY PROJECT. Mr. Bill Eisen,
City Manager.
Mayor Pro -Tem Owens made the motion, seconded by Councilmember Marcott, to
table Resolution No. R2002-162 to allow Staff to further review the contract.
City Manager, Bill Eisen, stated this item relates to material testing on all of the
construction for the West Lea water and sewer project. It is proposed that HBC
Engineering be awarded the contract.
Discussion ensued between Council and Staff regarding the proposed contract, also
discussed the lump sum amount for the Engineering Technician.
Staff recommended Resolution No. R2002-162 be tabled to allow staff to further review
the contract regarding the method the fees are being charged.
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057
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — REGARDING A MORATORIUM ON REZONING FOR
RESIDENTIAL SUBDIVISIONS. Mr. Tobin Maples, Executive Director of Community
Services.
Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Owens, to
appoint Councilmember Tetens to serve as Council liaison to work with Staff and the
Land Use and Planning Consultant.
Councilmember Tetens stated this item was discussed on a workshop agenda. At that
time he was under the impression that the City would move and incorporate the
changes in the Zoning Ordinance. Either larger lots, or more green space design, or
make amendment to the lot size requirement. Councilmember Tetens further stated
that he has talked to Tobin Maples, and Staff feels it would be better incorporating these
changes in the rewrite of the Ordinance. He said he does not disagree with that, but the
City should not go much further and allow more land use changes until the green space
design or larger lots requirements have been changed.
Councilmember Marcott stated that Staff has been asked to review these concerns and
have the ordinance amended quickly. However, there seems to be some reluctance to
that. Staff is wanting is wait until the studies are in and that is going to take six months
to a year.
Councilmember Seeger stated he would like for Staff to place a higher priority on
reviewing the development plan, and put in a time table of events that will help move
this project through in a more timely manner.
Brief discussion ensued between Council, Mr. Eisen and Mr. Maples regarding
amending the Land Use Ordinance and the real need to tie the changes together as
part of over all plan. It is a recommendation of Staff not to piece mill the document until
all reviews are complete, and that is projected to take approximately a year.
Tobin Maples, Executive Director of Community Services gave a brief presentation
regarding the process that is being recommended to review the current land use plan,
the unified development code and also incorporate the changes that Council has
requested. Mr. Maples further stated it is going to take time to review and change the
�— plan element by element, however, that priority will be set by Council.
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w o.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2002-168 - 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 DON WARD
AND ASSOCIATES FOR DEVELOPMENT OF A FLOOD MITIGATION PLAN.
Mr. Chris Kidwell, Administrative Analyst.
Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Owens, to
approve Resolution No. R2002-168.
City Manager, Bill Eisen, stated that Council had authorized the Staff to make
application to the Texas Water Development Board for a grant to develop a Flood
Mitigation Plan. That plan would help by identifying potential flood hazards and would
make the City eligible in the future for any FEMA funding after a flooding circumstance
as well as prevention type issues. It is recommended that Staff be authorized to enter
into a contract with Dan Ward and Associates to develop a plan for the City.
Brief discussion ensued between Council and Staff regarding Mr. Ward's experience
and the quality of his work.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 10:21_ p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551. 071 — CONSULTATION WITH CITY ATTORNEY -
REGARDING POTENTIAL LITIGATION — ALLEYWAYS. Mr. Darrin
Coker, City Attorney.
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959
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 10:50 p.m.
CONSIDERATION AND POSSIBLE ACTION - REGARDING POTENTIAL LITIGATION
ALLEYWAYS. Mr. Darrin Coker, City Attorney.
This item was passed with no Council action taken.
ADJOURNMENT
Meeting was adjourned at 10:50 p.m.
Minutes approved as submitted and/or corrected this the 28'" day of October, 2002.
Tom Reid
Mayor
ATTEST:
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