2002-11-11 CITY COUNCIL REGULAR MEETING MINUTES127
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON NOVEMBER 11, 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; J.C. Doyle Chief of Police; John Hargrove City Engineer;
Public Affairs Liaison Lynn Munford; Public Works Director Jerry Burns; Deputy City
Attorney Nghiem Doan; Director of Finance Mary Ross.
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 reported on October 29 he presented a proclamation to Senator Phil
Gramm and attended a Public Hearing; October 30-31 he Testified before the Texas
Highway Commission in Austin; November 3 attended a Ribbon Cutting at the
Marshall's Store; November 4 attended an Agenda Meeting, Open House at the Cinema
6 and attended a Public Hearing; November 5 attended the AARP Monthly Meeting and
a Public Hearing; November 6 attended the Dedication of the Senior Building;
November 7 attended a Reception for the Nottingham Street Citizens and the Citizen
Police Academy Graduation; November 8 attended Chamber Breakfast; November 9
attended Ribbon Cutting for the Hindu Temple Bazaar and presented a proclamation to
Golfcrest Country Club 75th Anniversary; November 10 attended a 1St United Methodist
Church Ground Breaking and on November 11 attended a Veterans Day Event at City
Hall.
COUNCIL ACTIVITY REPORTS
Councilmember Tetens stated he did not have anything additional to report.
Page 1 of 16 — 11/11/2002
123
Councilmember Viktorin reported he attended the Texas Municipal League Conference.
in Fort Worth and had the opportunity to attend the Council 101 Session.
Mayor Pro -Tem Owens reported November 6 he attended the Dedication of the Senior
Building, November 9 attended the Golfcrest Country Club's 75th Anniversary Banquet.
Councilmember Marcott reported November 2 he attended the Keep Pearland Beautiful
Parade and also attended Golfcrest Country Club's 75th Anniversary Banquet.
Councilmember Seeger stated he did not have anything additional to report.
CITY MANAGER'S REPORT
City Manager, Bill Eisen, introduced Mary Ross, the new Finance Director for the City of
Pearland.
CITIZENS
Richard Mann, 3710 Pine Chase Drive, addressed Council and stated his concerns
about the drainage in the Pine Hollow Estates Subdivision. Mr. Mann requested the
Pine Hollow Estates Subdivision be added to the Drainage Study.
Janet Lollis, 3250 Hatfield, addressed Council and stated during the October 28th
meeting she was informed of a two week follow-up in regards to the Corrigan Drainage
Ditch Project. She stated there is nothing on the agenda for follow-up regarding
Corrigan.
Council informed Ms. Lollis at the November 4th Turner, Collie and Braden Monthly
Update Workshop the matrix was addressed.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES:
1. Minutes of the October 21, 2002, Joint Public Hearing held at 6:30 p.m.
2. Minutes of the October 28, 2002, Regular Council Meeting held at 7:30
p.m.
B. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2002-173 —
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
Page 2 of 16 —11/11/2002
i 2 9
AWARDING A BID FOR BIO -SOLIDS DISPOSAL SERVICES. Mr. Gordon Island,
Purchasing Officer.
C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2002-163 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH
THE FRIENDSWOOD DEVELOPMENT COMPANY FOR THE SAVANNAH
DEVELOPMENT. Mr. Alan Mueller, Deputy City Manager.
Councilmember Marcott asked that Consent Agenda Item C 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 C, with the exception of item C, as presented
on the Consent Agenda.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
Councilmember Marcott asked that Consent Agenda Item C be removed from the
Consent Agenda for further discussion.
Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to
adopt Consent Agenda Item C, as presented on the Consent Agenda.
City Manager, Bill Eisen, gave a brief description of Resolution No. R2002-163.
John Hamon, Friendswood Development Company, addressed Council and gave a brief
overview of the development agreement. He stated 32.9 acres would be added to the
development agreement, 11.7 acres commercial, 2.1 acres parks and open space, and
19.1 acres single family residential. Mr. Hamon further stated this would add 60 units to
the project. He gave a brief description and location of the new fire station and stated
the Municipal Utility District would build the fire station and donate it to the City.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Page 3 of 16 — 11/11/2002
130
Motion Passed 5 to 0.
NEW BUSINESS
FIRST READING OF ORDINANCE NO. 509-616 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY AND GRANTING A SPECIFIC USE PERMIT FOR
MINI -WAREHOUSES, ON THE FOLLOWING PROPERTY, BEING 8.45 ACRES,
ABSTRACT 242, SECTION 17, H.T. & B.R.R. COMPANY SURVEY, BRAZORIA
COUNTY, TEXAS (5119 FITE ROAD) (APPLICATION 1066) (SPECIFIC USE NO. 114)
(5119 FITE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO
GENERAL BUSINESS DISTRICT - SPECIFIC USE (GB(S)) AT THE REQUEST OF
MICHAEL POLLOK, AGENT FOR HOWARD BRIGHT, 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.
Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to
approve Ordinance No. 509-616 (Application No. 1066)(Specific Use No. 114) on its
first reading, including the construction of a six-foot masonry fence along the entire east
side of the property.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of (Application No. 1066)(Specific Use No. 114).
City Manager, Bill Eisen, stated the City's zoning ordinance requires that a masonry wall
be constructed when a commercial property is adjacent to residential property. He
further stated it is the recommendation of the Planning and Zoning Commission to
construct a masonry wall along the entire East side of the property.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-617 - 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
Page 4 of 16 — 11/11/2002
i31
OF CERTAIN REAL PROPERTY LOCATION BEING 4.690 ACRES, ABSTRACT 300,
H.T. & B.R.R. COMPANY SURVEY, TRACT 42-43 (APPLICATION NO. 1070)
(SOUTHWEST CORNER OF S.H. 288 AND F.M. 518) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT
THE REQUEST OF OSBORN & VANE ARCHITECTS, INC., AGENT FOR DENNIS
MURPHREE TR DEM #20, 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. 509-617 (Application No. 1070) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of (Application No. 1070).
City Manager, Bill Eisen, stated the next two ordinances are regarding the same
property. Ordinance No. 509-617 is the proposed zone change for the property and
Ordinance No. 509-618 is the request for the specific use permit on the same property.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-618 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY AND GRANTING A SPECIFIC USE PERMIT FOR
STORAGE AND MINI -WAREHOUSES ON THE FOLLOWING PROPERTY, BEING
4.690 ACRES, ABSTRACT 300, H.T. & B.R.R. COMPANY SURVEY, TRACT 42-43
(SPECIFIC USE APPLICATION NO. 117) (SOUTHWEST CORNER OF S.H. 288 AND
F.M. 518) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO COMMERCIAL
DISTRICT - SPECIFIC USE C(S) AT THE REQUEST OF OSBORN & VANE
ARCHITECTS, INC., AGENT FOR DENNIS MURPHREE TR DEM #20, 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.
Page 5 of 16 — 11/11/2002
02
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Owens, to
approve Ordinance No. 509-618 (Specific Use No. 117) on its first reading with the
stipulation of constructing an eight -foot masonry fence on the SH 288 and FM 518 side
of the project.
Mayor Reid read into the record the Planning& Zoning Commission's recommendation
to forward to Council for denial of (Specific Use No. 117).
Jason Chapman, 2000 Bering Drive, addressed Council gave a brief description of the
site and its surroundings. He stated that his request is to obtain a specific use permit
due to the site's location. Mr. Chapman further stated he is requesting the specific use
permit for a primary climate control storage facility and gave a brief explanation of its
benefits to the City.
Bill McLellan, 47 Asbury Park, addressed Council and stated he is the Vice President of
Private Mini Storage Company and gave a brief overview of the company.
Councilmember Seeger stated he is in support of the specific use request due to the
location of the property.
Councilmember Marcott expressed his concerns for the property in regards to future
maintenance.
Discussion ensued between Council and Mr. Chapman concerning maintenance and
traffic of the property.
Voting "Aye" Councilmembers Seeger, Owens, Viktorin, and Tetens.
Voting "No" Councilmember Marcott.
Motion Passed 4 to 1.
FIRST READING OF ORDINANCE NO. 509-619 - 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 LOTS 13, 14, 15, AND 16,
BLOCK 25, OF PEARLAND TOWNSITE, AN ADDITION TO BRAZORIA COUNTY,
TEXAS, ACCORDING TO THE PLAT OR MAP RECORDED IN VOLUME 29, PAGE
41, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (SPECIFIC USE
APPLICATION NO. 116) (PARK AVENUE NORTH OF WALNUT STREET) FROM
CLASSIFICATION GENERAL BUSINESS DISTRICT (GB) TO GENERAL BUSINESS
DISTRICT (GB)- SPECIFIC USE (GB(S)) FOR ATTACHED TOWNHOME UNITS AT
Page 6 of 16 —11/11/2002
133
THE REQUEST OF JIMMY ELLIS, AGENT FOR DARLENE ABSHIRE, 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 Seeger made the motion, seconded by Mayor Pro -Tem Owens, to
approve Ordinance No. 509-619 (Specific Use No. 116) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for denial of (Specific Use No. 116).
City Manager, Bill Eisen, stated as with the previous item, because there is a
recommendation from the Planning and Zoning Commissions to deny it will require a
three-quarters vote to over turn the recommendation from Planning and Zoning.
Mayor Reid read into the record a comment from Marcella Angeli, 2510 S. Park Ave,
stating they are in support of the zone change because it will be an improvement to the
neighborhood to have more houses on this block.
City Attorney, Darrin Coker, stated the City received written protest from more than
20% of the property owners within the notification area. That also triggers the
requirement of a three-quarters vote to approve this land use change.
Councilmember Tetens stated that is a vacant area in Old Townsite which at the
present time has a business on that block. Across the street there are smaller homes,
on the other side of the block is a Post Office. He stated business use is appropriate for
the area.
Councilmember Marcott stated there is a place in the Village District, which the City is
currently working on, that will allow for mixed uses. This is not a good area for town
homes.
Voting "Aye" None.
Voting "No" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Motion Failed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-620 - 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
Page 7 of 16 — 11/11/2002
134
OF CERTAIN REAL PROPERTY LOCATION BEING .06740 ACRES, GEORGE C.
SMITH SURVEY, ABSTRACT 546, BRAZORIA COUNTY, TEXAS (APPLICATION NO.
1067)(SPECIFIC USE APPLICATION NO. 115) (3806 HARKEY ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO ESTATE LOT SINGLE
FAMILY DWELLING DISTRICT - SPECIFIC USE (R-E(S)) FOR A DAY CARE
FACILITY AT THE REQUEST OF BENNIE MORGAN, AGENT, FOR ELIZABETH
BAINS, 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 Marcott, to
approve Ordinance No. 509-620 (Application No. 1067)(Specific Use No. 115) on its
first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of (Application No. 1067)(Specific Use No. 115).
City Manager, Bill Eisen, stated the approval of this ordinance will allow for the
conversion of the existing use of this property to day care facility.
Elizabeth Bains, 3402 Windsor Street, addressed Council and stated the building was
originally a day care facility and thinks it is an excellent use for the property.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-621 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY LOCATION BEING 8.11 ACRES, BEING THE WEST
544.41 FEET OF LOT 56 OF THE ALLISON RICHEY GULF COAST HOME COMPANY
SUBDIVISION OF SECTION 80, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 564,
ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGE 98, PLAT RECORDS,
BRAZORIA COUNTY, TEXAS (COUNTY ROAD 59) (APPLICATION NO. 1069) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-1) AT THE REQUEST OF JAMES M. JOHNSON, AGENT
FOR TRACH XUAN MAI AND TRAN THI YEN, OWNERS, PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS
Page 8 of 16 — 11/11/2002
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND
PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive
Community Services.
X35
OTHER
Director of
FIRST READING OF ORDINANCE NO. 509-622 - 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 1.50 ACRES, BEING PART OF
LOT 9, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, A
SUBDIVISION IN SECTION 20, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 506,
BRAZORIA COUNTY, TEXAS (2329 STERLING DRIVE) (APPLICATION NO. 1068)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF EMIR GUEVARA,
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.
Councilmember Viktorin made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 509-621 (Application No. 1069) and 509-622 (Application No.
1068) on their first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval (Application No. 1069) and (Application No. 1068)
City Manager, Bill Eisen, stated Ordinance No. 509-621 is the rezoning of an 8 acre
tract for an R-1 Subdivision and Ordinance No. 509-622 involves property that already
has a single-family residential home on it, and the owner of that property would like to
build an attached garage.
Councilmember Marcott asked if the property on Ordinance No. 509-621 is planned to
be developed soon.
James Johnson, Agent for Trach Xuan Mai and Tran Thi Yen, stated the owners want to
develop the property as soon as possible.
Councilmember Marcott stated he still has difficulty on this side of town with additional
traffic without an overpass at SH 288, and no way to get to the freeway without crossing
heavy traffic.
Brief discussion ensued between Council and Staff regarding the TxDot Project that
includes an overpass that will help with the traffic congestion.
Page 9 of 16 — 11/11/2002
!36
Mayor Reid stated Ordinance No. 509-621 and Ordinance No. 509-622 will be voted on
individually.
Mayor Reid called for a vote on Ordinance No. 509-621 (Application No. 1069). — -
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, and Seeger.
Voting "No" Councilmember Marcott.
Motion Passed 4 to 1.
Mayor Reid called for a vote on Ordinance No. 509-622 (Application No. 1068).
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2002-177 — RESOLUTION EXPRESSING
THE CITY'S INTEREST IN PARTICIPATING IN A PROPOSED HOSPITAL PROJECT
IN COOPERATION WITH DIVERSIFIED MUNICIPAL FINANCE CORPORATION AND
PEARLAND COMMUNITY HOSPITAL, SUBJECT TO CERTAIN PARAMETERS AND
CONDITIONS; AND RESOLVING OTHER MATTERS. RELATING THERETO.
Mr. Bill Eisen, City Manager.
This item was passed with no Council Action taken.
COUNCIL ACTION — RESOLUTION NO. R2002-176 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTACT WITH C.L.R.
ARCHITECTS FOR ARCHITECTURAL SERVICES ASSOCIATED WITH THE
CONSTRUCTION OF SWEC RECYCLING CENTER. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Owens made the motion, seconded by Councilmember Viktorin, to
approve Resolution No. R2002-176 with the stipulation that the 8% Architect and
Engineering Fee will paid on the $1.155 million for the estimated construction cost and
not include the $75,000 contingency cost as part the overall fee.
City Manager, Bill Eisen, stated two meetings ago Council had a recommendation to
employ a different architectural firm with regards to this project. However, some of the
concerns the Council expressed and some of the request regarding additional testing to
be done during key points of the construction process caused that Firm to withdraw
Page 10 of 16 — 11/11/2002
J-3 7
from the project. As a result three other Firms have been interviewed. The Firm C.L.R.
has been selected. The total expenditure is approximately $140,400 and that amount
includes a architectural engineering, surveying and any other associated expenses with
the project.
Brief discussion ensued between Mayor Pro -Tem Owens and Staff regarding the
contract.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2002-175 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
PARTICIPATION WITH THE PEARLAND INDEPENDENT SCHOOL DISTRICT FOR
THE ADDITION OF A RECREATION CENTER TO THE ROGERS MIDDLE SCHOOL.
Mr. Ed Hersh, Parks and Recreation Director.
Councilmember Marcott made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2002-175.
City Manager, Bill Eisen, stated the School District last week has invited the City to
open a recreation center in the new Rogers Middle School. This gives the City a great
opportunity to provide some recreation programs without incurring the cost of
constructing a full recreation center. The Council is being asked authorize Staff to move
forward in working with the School District's Architect to obtain cost estimates for
constructing the additional square footage needed for an office and storage area, as
well as some ways to isolate that area from the remainder of the building when the
facility is not being used as a recreation center. There are other alternatives, and that is
to use a temporary or portable building. That has been done at one other location. At a
brand new facility a portable building could take away from the new building. Staff is
asking to move forward and stay within the cap of $120,000.
Mayor Pro -Tem Owens expressed his concerns regarding the School District
approaching the City so late, when the new school is almost complete. He further
stated when done on a change order basis it is much more expensive.
Parks and Recreation Director, Ed Hersh, gave a brief overview of the recreation
programs the City currently offers at School District's facilities.
Page 11 of 16 — 11/11/2002
33
Discussion ensued between Council and Staff regarding the YMCA and some Churches
pooling their resources not to have duplicate programs by the different entities.
Parks and Recreation Director, Ed Hersh, stated that some offer programs to enhance
their budgets because recreation is very profitable. The City is not in the formal day
care business nor does he recommend it. Mr. Hersh gave a brief overview of programs
given for profit verses those offered by a municipality.
Mayor Pro -Tem Owens asked for Staff to contact the YMCA and see if any of the
programs could be done jointly.
Mayor Reid stated over the years the City has worked with the YMCA and made certain
that the City is not in competition with their programs. The School Program that is being
discussed tonight is not a YMCA Co-operative program type issue. Mayor Reid stated
when he served on the Board the City would not compete with them because they are in
it for the money the City is in it for the recreational opportunities for the citizens paid for
by tax dollars. There are certain types of programs the YMCA wants to be in control of,
and that would be difficult for the City to bring people into those types of programs. It is
hard to mix the two types of programs.
Parks and Recreation Director, Ed Hersh, further stated at the rate the City is growing
there is more than enough room for all the agencies.
Additional discussion ensued between Mr. Hersh and Council regarding the cost to
operate the City's after school recreation programs.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2002-172 - 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
ENGINEERING COMPANY FOR ENGINEERING SERVICES ASSOCIATED WITH
THE McHARD ROAD SANITARY SEWER PROJECT. Mr. Bill Eisen, City Manager.
Councilmember Seeger made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2002-172.
City Manager, Bill Eisen, stated this is a project that has been identified in the last two
Impact Fee Studies that the City has done. This project is for a sewer line that would
Page 12 of 16 — 11/11/2002
connect along the extension of McHard Road from SH 35 to Pearland Parkway. It is
also being proposed that the City extend the line further west beyond SH 35. This is to
do away with an existing lift station and some of the cost associated with that. It also
gives the City the opportunity to divert flows in the future to one of two different
wastewater treatment plants depending on the flows into the plants. This action is an
agreement with S&B Infrastructure for the design of that facility.
Brief discussion ensued between Staff and Council regarding the project.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2002-174 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE A CHANGE ORDER ASSOCIATED
WITH THE SWEC DETENTION BASIN AND CONTROL STRUCTURE. Mr. John
Hargrove, City Engineer.
Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to
approve Resolution No. R2002-174.
City Manager, Bill Eisen, stated there are four separate change orders as part of this
single change order. The first is additional pumping cost that the Contractor incurred
when the City asked him to keep the weirs open during some heavy rains in August,
even though he was not finished with construction at that time. There is also some
additional material and labor cost associated with the second outfall structure which is
the largest of the four items. Item 3 is for additional crushed concrete to prevent erosion
at the hard-edge and Item 4 is a safety item to prevent water -edge waders from
suddenly falling over the end at the in -take structure. In closing Mr. Eisen stated that it
is a recommendation of Staff to authorize each of the changes.
Councilmember Owens asked if this is the third change order the City has had on this
project.
City Manager, Bill Eisen stated this is the third change order.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Page 13 of 16 — 11/11/2002
39
i 4 0
Motion Passed 5 to 0.
COUNCIL ACTION — REGARDING THE RATIFICATION OF STAFF'S
INTERPRETATION OF SECTION 22.6 BUILDING FACADES, OF THE LAND USE
AND URBAN DEVELOPMENT ORDINANCE. Mr. Darrin Coker, City Attorney.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Owens, to ratify
Staff's interpretation of the Fagade Ordinance, if its not masonry or masonry product it
cannot be used on FM 518.
Councilmember Tetens also suggested that the Council have a workshop meeting and
discuss the use EIFS and other materials.
City Manager, Bill Eisen, stated that Staff's interpretation of the product being proposed
does not meet the masonry requirements as it relates to the amendment that Council
has previously made at the request of the Pearland Neighborhood Center, a year or so
ago. That material was similar to this with a metallic structure that had a real light rock
coating on it. The Council specifically at that time agreed to amend the ordinance to
allow a product like that, however, that project was not on a major thoroughfare like FM
518. Mr. Eisen further stated that is why Staff's interpretation was given on this
particular project not to allow the proposed material on FM 518, but would on Old
Chocolate Bayou.
Jason Chapman, 2000 Bering Drive, addressed Council and stated there is currently
another storage project being permitted by the City. The facade requirement allows a
masonry or EIFS finish. He stated they are proposing to use a dryvit-coated insulated
metal panel on the storage buildings. He briefly displayed and gave a brief overview of
an EIFS product and an equivalent product to EFIS that is a dryvit-coated insulated
panel. Mr. Chapman asked Council to interpreted their guidelines to include a dryvit-
coated insulated metal panel as being equivalent to EIFS.
Brief discussion ensued between Councilmember Marcott and Mr. Chapman regarding
the materials that had been proposed to be used on this project during the land -use
public hearing process.
Lengthy discussion ensued between Council and Staff regarding the facade
requirement and the various types of products that are allowed for the use of
commercial and storage buildings.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Page 14 of 16 — 11/11/2002
Motion Passed 5 to 0.
OTHER BUSINESS:
Al.
Council adjourned into Executive Session under Texas Government Code at 9:38 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY -
REGARDING POTENTIAL LITIGATION — CITY FACILITIES.
Mr. Darrin Coker, City Attorney.
2. SECTION 551.072 — REAL PROPERTY: DISCUSSION REGARDING
THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY —
REGIONAL DETENTION. Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 11:00 p.m.
COUNCIL ACTION - REGARDING POTENTIAL LITIGATION — CITY FACILITIES.
Mr. Darrin Coker, City Attorney.
Mayor Pro -Tem Owens made the motion, seconded by Councilmember Viktorin, to
authorize Staff to authorize City Staff to pursue any and all legal remedies with respect
to the mold mitigation associated with the Pearland Library.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — REGARDING PROPERTY FOR THE ACQUISITION —
REGIONAL DETENTION. Mr. Darrin Coker, City Attorney.
Councilmember Marcott made the motion, seconded by Councilmember Tetens, to
authorize Staff to proceed with the acquisition property on Hickory Slough for regional
detention.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Page 15 of 16 — 11/11/2002
1�2
Voting "No" None.
Motion Passed 5 to 0.
ADJOURNMENT
Meeting was adjourned at 11:02 p.m.
Minutes approved as submitted and/or corrected this the 25th day of November, A.D.
2002.
Tom Reid
Mayor
ATTEST:
Page 16 of 16 — 11/11/2002