2002-12-16 CITY COUNCIL SPECIAL MEETING MINUTES - 7:30PMi99
MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON DECEMBER 16, 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; City Engineer John Hargrove; Planner 1 Theresa Grahmann;
Marketing Manager, Will Benson.
PURPOSE OF THE MEETING:
COUNCIL ACTION - RESOLUTION NO. R2002-199 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO ENTER INTO A TOLLING AGREEMENT WITH THE UNITED
STATES ARMY CORPS OF ENGINEERS FOR WETLAND MITIGATION
REQUIREMENTS ASSOCIATED WITH THE PEARLAND PARKWAY PROJECT.
Mr. Bill Eisen, City Manager.
Councilmember Seeger made the motion, seconded by Councilmember Marcott, to
approve Resolution No. R2002-199.
City Manager, Bill Eisen, stated the Contractor working on Pearland Parkway in one of the
wetland areas near Clear Creek did some clearing beyond the area that was included in
the original permit. He further reported Alan Mueller, Deputy City Manager, has been
working With the Corps of Engineers since that time. Mr. Eisen further stated the Corps of
Engineers have indicated to the City since this was immediately reported to the Corps of
Engineers there will not be any penalties assessed. However, they require the City to
follow an after the fact permitting process for the additional wetland area and that will
involve some additional mitigation because more wetland areas will need to be mitigated.
The item being considered is a Tolling Agreement which is proposed by the Corps of
Engineers which would hold in abeyance the statue of limitation time period for any future
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violations that may occur until such time as the new permit is received. Basically it allows
the City to go forward with the permitting process without holding up the project, Which
Staff recommends.
· Mayor Pro-Tem Owens asked how the contractor got off tract.
City Manager, Bill Eisen, stated that is a good question and appears to be an error on the
contractor's part. Mr. Eisen further stated initially the contractor indicated that he feels it
was an error as well. However, a few days later he indicated it was not his fault. It appears
to the City this is a case where the plans were pretty clear and it was an error of his field
personnel. The plans were pretty clear of where: he was supposed to be working and fhey
just got outside that area. ~.. '~
Lengthy discussion ensued between Council and Staff regarding the project, how this
incident may have happened, and the cost associated with this error.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
ADJOURNMENT
Meeting was adjourned at 9:40 p.m.
Minutes approved as submitted and/or corrected this the __
2003.
13th dayof January ,A.D.
ATTEST:
Tom Reid
Mayor
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