2003-03-10 CITY COUNCIL REGULAR MEETING MINUTES37
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MARCH 10, 2003, 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
Tom Reid
Woody Owens
Charles Viktorin
Larry Marcott
Klaus Seeger
Bill Eisen
Darrin Coker
Absent: Councilmember Richard Tetens
Others in attendance: Deputy City Manager Alan Mueller; Executive Director of
Community Services Tobin Maples; Executive Director of Economic Development
Corporation Fred Welch; Marketing Manager of Economic Development Corporation
Will Benson; Secretary of Economic Development Corporation Janice Vega, City
Engineer John Hargrove; Public Affairs Liaison Lynn Munford; Public Works Director
Jerry Burns; Project Director Joe Wertz; Assistant Police Chief Johnny Spires; Deputy
City Secretary LaKeisha Cannon -Scott; Keep Pearland Beautiful Delores Fenwick;
Recreation Superintendent Michelle Dunn.
The invocation was given by Councilmember Viktorin and the Pledge of Allegiance was
led by City Manager Bill Eisen.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported on February 25 he attended a Presentation of Proclamation to Dr.
Cain and a Municipal Utility District No. 4 Public Hearing; February 26 he attended a
meeting with a New Business Prospect; February 27 he attended a Presentation of
Proclamation to Billie Garrison — Retirement and a Pack 460 Scouts Annual Banquet
and Awards Dinner; February 28 he attended a Transportation Policy Council Board of
Directors Meeting; March 1 he attended a PTA Council Diversity Fair and a Scout Troop
464 Dinner; March 2 he judged the Fellowship Bible Church Chili Cook Off; March 3 he
met with a Developer, attended an Agenda Meeting, the Pearland School District
Education Improvement Committee Monthly Meeting, and a City Council Meeting;
March 4 he attended the Association of Accredited Retired Persons Monthly Meeting,
the Pearland/Friendswood Clear Creek Meeting, and the United Way Annual Awards
Banquet; March 5 — 7 he attended a Texas Association Regional Council of
Government Quarterly Board of Directors Meeting.
Page 1 of 17 — 3/10/2003
Mayor Reid stated Councilmember Richard Tetens is currently out of town and would be
absent from the meeting.
COUNCIL ACTIVITY REPORTS: Passed.
CITY MANAGER'S REPORT
City Manager, Bill Eisen, stated Council and Staff would be attending an event in Austin
enabling them to meet with various State Agents and Legislators addressing the
concerns and needs of Brazoria County citizens.
CITIZENS
Michael Klaus, 5016 Groveton, addressed Council and stated he attended the TWDB
Region H Meeting and during the meeting Pearland was discussed. Mr. Klaus asked
when would the videotape from the LiDar Study Modeling be available. He stated he
has made Open Records Requests and has received no answer. He further stated
there is no Homeowner's Association for Corrigan.
DOCKETED PUBLIC HEARING: None
Mayor Reid stated reports from Commissioner Harris in District H would be regularly
requested from the City Manager.
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES:
1. Minutes of the February 24, 2003, Regular Council Meeting held at 7:30
p.m.
2. Minutes of the March 3, 2003, Special Meeting held at 7:00 p.m.
Councilmember Viktorin made the motion seconded by Mayor Pro -Tem Owens, to
adopt Consent Agenda Item A, as presented on the Consent Agenda.
Voting "Aye" Councilmembers Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
Page 2 of 17 — 3/10/2003
NEW BUSINESS
39
Mayor Reid, with Concurrence of Council, moved to New Business Item No. 20.
COUNCIL ACTION RESOLUTION NO. R2003-46 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE 2002 ANNUAL
REPORT FOR TAX INCREMENT REINVESTMENT ZONE #2. Mr. Alan Mueller,
Deputy City Manager.
Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to
approve Resolution No. R2003-46.
City Manager, Bill Eisen, stated this item is an annual requirement. He stated Knudson
and Associates would be giving a presentation regarding this item.
Sue Darcey, Knudson and Associates, addressed Council and gave a brief presentation
regarding the Annual Report for Tax Increment Reinvestment Zone #2. She stated this
is the fourth annual report received by Council and the City would now have added
administrative fees and also the appraised value has increased. Ms. Darcey further
stated there are currently no bonds of indebtedness.
r— Projects Director, Joe Wertz, gave a brief summarization of the plans. He stated there
are several projects taking place in the new development. He stated the Water Plant is
95% complete and the sewage treatment plant is 60% to 70% complete. Mr. Wertz
further stated a minor change order is currently being processed for the completion of
the projects.
Gary Cook, Shadow Creek Ranch Developer, addressed Council and stated during the
construction of 2002 almost $10 million in infrastructure improvements took place,
specifically in the first 533 lots consisting of the lakes and drainage channels. He stated
construction of Phase Two was started as well. Phase Two details 998 lots and over
800 acres of land currently under development. He stated the improvements for an
additional 1178 lots would take place this year and approximately $16 million of
infrastructure would be completed this year. He stated the additional infrastructure
includes three lakes, under ground sewer water and drainage facilities, and the
extensions of Kirby Drive and Clearlake Loop.
David Tenney, LJA Engineering, addressed Council and gave a summarization of
projects completed and projects currently under construction.
A brief discussion ensued among Council, Staff, and David Tenney regarding the
projects.
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Mr. Tenney stated a new elementary school would go into Shadow Creek Ranch. He
stated the school's designs are complete and the school board approved the plans.
Mr. Tenney stated a completed sale of 48 acres to Hospital Corporation of America took
place and the construction would start once the Business Center Drive is completed.
He further stated 115 acres of Park Land would be donated to the City of Pearland. He,
stated a visitor's center is also under construction and additional commercial
businesses would soon start construction during Spring.
Lengthy discussion ensued among Council, Staff, and Shadow Creek Ranch
Developers regarding the sale of homes and the current construction.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
Mayor Reid, with concurrence of Council, moved back to the New Business Item No. 1.
FIRST READING OF ORDINANCE NO. 509-639 - 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 7.34 ACRES, J. CRAWLEY
SURVEY, A-174 & W.W. DUPUY & L.F. ROBERTS SURVEY, A-726, BRAZORIA
COUNTY, TEXAS (14710 SH 288)(APPLICATION NO. 1088) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL
DISTRICT (C) AT THE REQUEST OF TRICOR BUILDERS, AGENT FOR C & S
ASPHALT SEALING COMPANY, INC., 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.
Mayor Pro -Tem Owens made the motion, seconded by Councilmember Viktorin, to
approve Ordinance No. 509-639 (Application No. 1088) 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. 1088.
Voting "Aye" Councilmembers Viktorin, Owens, Marcott, and Seeger.
Page 4 of 17 — 3/10/2003
Voting "No" None.
41
Motion Passed 4 to 0, with Councilmember Tetens absent.
FIRST READING OF ORDINANCE NO. 509-640.- 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 5.17 ACRES, SITUATED IN THE
JOHN W. MAXEY SURVEY, ABSTRACT 721, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (BROADWAY STREET) (APPLICATION NO. 1086 AND SPECIFIC
USE APPLICATION NO. 124) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
(SD) TO GENERAL BUSINESS DISTRICT (GB)- SPECIFIC USE (GB(S)) FOR MINI -
STORAGE AT THE REQUEST OF S.F. SANDERS, 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 Marcott made the motion, seconded by Mayor Pro -Tem Owens, to
approve Ordinance No. 509-640 (Application No. 1086) (Specific Use Application No.
124) on its first reading including a masonry fence (brick in front) constructed around the
entire property, detention facilities constructed before the property is developed, and
landscaping installed outside of the brick fence facing FM 518.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for denial of Application No. 1086 and Specific Use Application No.
124.
Gary Ferguson, 3102 Peachtree, addressed Council and stated he is a co-owner of the
property being considered. He asked about the majority vote.
City Attorney, Darrin Coker, stated the rule is listed in the Land Use Code and since a
Councilmember is absent tonight, the majority vote would require a three-quarters
majority vote of all members of the City Council present and voting. He stated three-
quarters for tonight's meeting would be 3 out of 4. He further stated if a tie existed and
the Mayor cast his vote it would not be considered a super majority.
Mr. Ferguson stated he and the co-owner would like to sell the property to a Self -
Storage Developer. He stated they also own approximately 19 acres along FM 518 and
a portion of the land is bisected by drainage channels running North and South off of
FM 518. He stated the tract of land under consideration has no secondary access and
it is 600 feet deep. Mr. Ferguson stated they did look for someone who could actually
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42
use the rear portion of the property, due to access and depth concerns. He stated the
most desirable user would be a Self -Storage Developer meeting the requirements they
have placed on the sell of the property. Mr. Ferguson further stated the developer
meets all the criteria and has also met with City Staff regarding the property and
proposed use. He stated he would be willing tomeet with the Planning and Zoning
Commission to work on the issues in question. He gave a brief description of the
property's appearance and size. In closing Mr. Ferguson stated he and the co-owner
also have additional property currently in the zoning process.
City Attorney, Darrin Coker, stated that this is the first reading of the ordinance and
during the second reading the item will require a majority vote as well.
Brief discussion ensued among Council and Staff concerning the proposed property.
Voting "Aye" Councilmembers Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
City Manager, Bill Eisen, informed Council that Ordinance No. 509-641, 509-642, and
509-643 could be acted upon together.
FIRST READING OF ORDINANCE NO. 509-641 - 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 2, BLOCK 7, HICKORY
CREEK PLACE, H.T.& B.R.R. COMPANY SURVEY, SECTION 7, ABSTRACT 281,
BRAZORIA COUNTY, TEXAS (MELANIE LANE)(APPLICATION NO. 1085) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DISTRICT (R-1) AT THE REQUEST OF MICHAEL BOEGLER, 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.
FIRST READING OF ORDINANCE NO. 509-642 - 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 2.50 ACRES OF LAND BEING A
PART OF THE SOUTH 1/2 OF LOT 35 OF THE ALLISON RICHEY GULF COAST
Page 6 of 17 — 3/10/2003
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HOME COMPANY SUBDIVISION OF SECTION 19. H.T.&B.R.R. COMPANY SURVEY,
ABSTRACT NO. 243, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1087) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DISTRICT (R-1) AT THE REQUEST OF CINDY PETRASH, 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.
FIRST READING OF ORDINANCE NO. 509-643 - 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 TRACT 62A2, BEING .6642
ACRES, SITUATED IN LOT 62, FIGLAND ORCHARD SUBDIVISION, SECTION 13,
H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 240, BRAZORIA COUNTY, TEXAS
(6025 FIGLAND)(APPLICATION NO. 1084) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE)
AT THE REQUEST OF LEONARD ELIZONDO, 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 Seeger made the motion, seconded by Councilmember Viktorin, to
approve Ordinance No. 509-641 (Application No. 1085) on its first reading; Ordinance
No. 509-642 (Application No. 1087) on its first reading; and Ordinance No. 509-643
(Application No. 1084) on their first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Application No. 1085, Application No. 1087, and
Application No. 1084.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Coucilmember Tetens absent.
COUNCIL ACTION — REGARDING YOST ROAD PROJECT — SLEEPY HOLLOW
CUL-DE-SAC PROPOSAL. Mr. Alan Mueller, Deputy City Manager.
Page 7 of 17 — 3/10/2003
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Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to
approve the Sleepy Hollow cul-de-sac proposal for the Yost Road Project.
Michael Klaus, 5016 Groveton, addressed Council and stated he is currently
researching how the water is handled in the area. He stated his concerns about the
depth of the water during flooding. Mr. Klaus stated he wanted to see a traffic study for
the area describing the traffic control devices that would be present.
City Manager, Bill Eisen, stated Turner, Collie and Braden would give an update to the
current project.
Craig Hester of Turner, Collie and Braden, addressed Council and stated the Yost
Project one of the Bond Program Projects. He stated Sleepy Hollow ties into Yost Road
on both sides and the current item is requesting that one side be turned into a cul-de-
sac for the purpose of allowing drainage improvement and improve traffic safety
concerns.
Jim Keller of Turner, Collie and Braden, addressed Council and gave a brief
presentation of the area surrounding Sleepy Hollow and Yost Road.
City Manager, Bill Eisen, stated other projects have been added periodically and this
current bid is the lowest.
Discussion ensued among Council, Staff, and Turner, Collie and Braden
Representatives regarding the proposed project.
Terry Gibson, 2008 Pinehill Drive West, addressed Council and asked about any
upcoming proposals for the homes possibly flooding in the future. He stated his
concerns about the citizens having to leave during flooding. Mr. Gibson asked was the
School District informed about the cul-de-sac due to bus routes. He asked about the
water amounts and where would the water go.
Jim Keller of Turner, Collie, and Braden, stated the construction would help the over
land flow of the water and divert the water to Clear Creek. He stated residents would
not need to wait until the last minute before evacuating during a flood due to the access
to the road no longer existing.
A brief discussion ensued among Council, Staff, and Turner, Collie and Braden
Representatives regarding drainage for the area.
Kevin Burner, 2607 Rip Van Winkle Drive, addressed Council and stated he delivered a
petition to his neighbors discussing the idea of the cul-de-sac. He stated he included
the plans during the petition process and the residents found the cul-de-sac favorable.
Page 8 of 17 — 3/10/2003
4)
Richard Kesinger, 2011 Sleepyhollow Drive, addressed Council and asked about the
elevation of the roads.
Mr. Keller of Turner, Collie. and Braden stated the elevation of the roads would increase
and two inlets for the overflow of water would be placed for proper drainage.
Councilmember Seeger stated this is a good idea. He stated he has a concern
regarding isolating the residents around the cul-de-sac.
Voting "Aye" Councilmembers Marcott, Owens, and Viktorin.
Voting "No" Councilmember Seeger.
Motion Passed 3 to 1, with Councilmember Tetens absent.
FIRST READING OF ORDINANCE NO. 943-7 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING FIGURE 5.1, LAND
USE PLAN, OF THE CITY'S COMPREHENSIVE PLAN AS A GUIDE FOR
PRESERVING A SENSE OF COMMUNITY, ATTRACTIVENESS AND SAFETY IN
PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND
_ A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR
CODIFICATION. Mr. Tobin Maples, Executive Director of Community Services.
Mayor Pro -Tem Owens made the motion, seconded by Councilmember Viktorin, to
approve Ordinance No. 943-7 on its first reading.
City Manager, Bill Eisen, stated this item is referencing the Thoroughfare Plan
eliminating the extension of Rustic Lane and Hatfield Road. He further stated this item
also includes the extension of Fite Road.
Councilmember Marcott asked would the Thoroughfare Plan be considered part of the
Comprehensive Plan.
City Attorney, Darrin Coker, stated it is a subsection.
Councilmember Marcott asked was the Rustic Oaks extended properly in the
Comprehensive Plan of 1999. He stated during the Public Hearing the citizens had
some appropriate comments regarding the Plan. He further stated his concerns
regarding the roads lining properly.
Councilmember Seeger stated people are willing to except momentary traffic verses the
opening of the road allowing straight access through the neighborhood. He stated the
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4F
neighborhood is currently concerned about the speeding verses the traffic.
A brief discussion ensued among Council and Staff regarding the proposed changes.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
FIRST READING OF ORDINANCE NO. 1100 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE AN EXCHANGE OF LAND IN
ACCORDANCE WITH CHAPTER 272.001 OF THE LOCAL GOVERNMENT CODE;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER
CLAUSE. Mr. Darrin Coker, City Attorney.
Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Owens, to
approve Ordinance No. 1100 on its first reading.
City Manager, Bill Eisen, stated Council previously discussed this item regarding an
exchange of land between the property owner and the City.
Discussion ensued among Council and Staff regarding the exchange of land.
Voting "Aye" Councilmembers Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
FIRST READING OF ORDINANCE NO. 741-2 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 27,
SUBDIVISIONS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY
HAVE BEEN, FROM TIME TO TIME, AMENDED, TO DELETE SECTION 27-11,
ENTITLED PARKLAND DEDICATION, IN ITS ENTIRETY, AND TO ADD CHAPTER
211/2, TO BE ENTITLED PARKLAND DEDICATION, FOR THE PURPOSE OF
ESTABLISHING UPDATED GUIDELINES FOR THE DEDICATION OF PARKLAND BY
RESIDENTIAL SUBDIVIDERS; HAVING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN
EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
Page 10 of 17 — 3/10/2003
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Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Owens, to
approve Ordinance No. 741-2 on its first reading.
City Manager, Bill Eisen, stated the changes relate to modifying the ordinance to
dedicate the funds in lieu of land being spent in the development and zone in which the
dedication was made.,
Discussion ensued among Council and Staff regarding the funds.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION — RESOLUTION NO. R2003-44 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK
AUTHORIZATION #12 SUPPLEMENT #2 FOR RIGHT-OF-WAY ACQUISITION
SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND
PROGRAM (WALNUT STREET IMPROVEMENT PROJECT). Mr. Bill Eisen, City
Manager.
�-. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to
approve Resolution No. R2003-44.
City Manager, Bill Eisen, stated this project is part of the Mobility and Drainage Bond
Program. He stated the item is regarding the consideration of subcontractors servicing
the Walnut Street Improvement Project and the fee is $40,500.
Voting "Aye" Councilmembers Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION — RESOLUTION NO. R2003-42 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK
AUTHORIZATION #1 SUPPLEMENT #7 FOR CONSTRUCTION ADMINISTRATION
SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND
PROGRAM (FITE ROAD INTERSECTION PROJECT). Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Owens made the motion, seconded by Councilmember Viktorin, to
approve Resolution No. R2003-42.
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ME
City Manager, Bill Eisen, stated this item is regarding Fite Road which is a part of the
Mobility and Drainage Bond Program. He stated the authorization is for construction
administration services for the Fite Road intersection with the fee of $47,041.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION — RESOLUTION NO. R2003-43 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK
AUTHORIZATION #5 SUPPLEMENT #4 FOR ENGINEERING SERVICES
ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM
(CULLEN BOULEVARD PROJECT). Mr. Bill Eisen, City Manager.
Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Owens, to
approve Resolution No. R2003-43.
City Manager, Bill Eisen, stated this item is also part of the Mobility and Drainage Bond
Program related to Cullen Boulevard and allows a contract for engineering services. He
stated the amount of the supplement is $199,4.26.79.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-48 - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A
TRAFFIC IMPACT ANALYSIS REIMBURSEMENT AGREEMENT WITH WAL-MART
REAL ESTATE BUSINESS TRUST FOR TRAFFIC IMPROVEMENTS CON-
STRUCTED ALONG FM 518 NEAR STATE HIGHWAY 288. Mr. Darrin Coker, City
Attorney.
Councilmember Seeger made the motion, seconded by Councilmember Marcott, to
approve Resolution No. R2003-48.
City Manager, Bill Eisen, stated this item is regarding traffic improvement on FM 518
and HWY 288 including Wal-Mart deciding what portion of costs would go to the
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mj
developers for improvements.
Brief discussion ensued among Council and Staff regarding improvements.
Councilmember Marcott made the motion, seconded by Councilmember Seeger,. to
table Resolution No. R2003-48.
Voting "Aye" Councilmembers Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION — RESOLUTION NO. R2003-41 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE
CONSTRUCTION OF PEARLAND PARKWAY SOUTHBOUND LANES 3 AND 4 IN
CONNECTION WITH THE MOBILITY AND DRAINAGE BOND PROGRAM. Mr. Bill
Eisen, City Manager.
Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to
approve Resolution No. R2003-41.
City Manager, Bill Eisen, stated this item is regarding a previous work section for
construction bids for southbound lanes three and four of Pearland Parkway. He stated
the lowest bid submitted by W. W. Webber was in the amount of $3,287,590.74.
Voting "Aye" Councilmembers Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION — RESOLUTION NO. R2003-45 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT
WITH LINGO SOUTHGATE, LTD. FOR THE OVERSIZING OR SEWER MAINS
ALONG KIRBY DRIVE. Mr. Alan Mueller, Deputy City Manager.
Mayor Pro -Tem Owens made the motion, seconded by Councilmember Viktorin, to
approve Resolution No. R2003-45.
City Manager, Bill Eisen, stated this item is a proposed over -sizing agreement for a
sewer main extension developed by Lingo Southgate with a cost of $216,767.
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Discussion ensued among Council and Staff regarding the draft copy of the agreement.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
FIRST READING OF ORDINANCE NO. 741-4 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 27,
SUBDIVISIONS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY
HAVE BEEN, FROM TIME TO TIME, AMENDED, FOR THE PURPOSE OF
PROMOTING ORDERLY DEVELOPMENT IN THE CITY AND ITS
EXTRATERRITORIAL JURISDICTION; PROVIDING A PENALTY FOR VIOLATION;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER
CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. John
Hargrove, City Engineer.
Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Owens, to
approve Ordinance No. 741-4 on its first reading.
City Manager, Bill Eisen, stated this item relates to Drainage Criteria and the current
rule for pump detention facilities.
Councilmember Marcott asked about the exceptional line of credit and cost to maintain
the proposed pump detention facility.
City Engineer, John Hargrove, stated the amounts are equal to the construction costs.
A brief discussion ensued among Council and City Engineer John Hargrove regarding
costs.
Michael Klaus, 5016 Groveton, addressed Council and asked does this item apply to
Corrigan. He stated the drainage manual is currently being revised and could this item
be a part of the adjustments to the manual.
City Engineer, John Hargrove, stated this item is being proposed due to the criteria
manual having a time of six months before completion. He discussed the current
entities using pump detention and recommends the approval of this item.
Wendel Branif, 2418 Underwood, addressed Council and stated she is an attorney
representing Hispanic Housing and Education Corporation. She stated the Corporation
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owns ten acres North of Old Alvin Road at the intersection of West Orange Street. Ms.
Branif stated they are currently planning to build 168 apartment units. She stated the
property location is causing the out pump to the City to be at a low rate and therefore
needing additional pump detention.
Additional discussion ensued among Council, Staff, and Ms. Braniff regarding the
proposed plan for pump detention.
Councilmember Marcott made the motion, seconded by Councilmember Seeger, to
table Ordinance No. 741-4 on its first reading for further discussion.
Voting "Aye" Councilmembers Marcott and Seeger.
Voting "No" Councilmembers Viktorin and Owens.
In order to break the tie vote, Mayor Reid cast his vote.
Voting "Aye" Mayor Reid.
Motion Passed 3 to 2, with Councilmember Tetens Absent.
COUNCIL ACTION — RESOLUTION NO. R2003-49 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, REVISING AND CLARIFYING
PORTIONS OF THE CITY'S STORM DRAINAGE DESIGN CRITERIA MANUAL.
Mr. John Hargrove, City Engineer.
Councilmember Seeger made the motion, seconded by Councilmember Marcott, to
approve Resolution No. R2003-49.
Michael Klaus, 5016 Groveton, addressed Council discussed the wording used in the
item. He asked about the run off amounts being determined by a half inch and a ten
minute event.
City Manager, Bill Eisen, comments on the wording of the item.
City Engineer, John Hargrove, stated the differences regarding post development run
off and dry pre -development run-off.
Lengthy discussion ensued among Council regarding post and pre -development run off.
Voting "Aye" Councilmember Seeger, Marcott, Owens, and Viktorin.
Voting "No" None.
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Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION — RESOLUTION NO. R2003-40 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE
CONSTRUCTION OF THE WAGON WHEEL SANITARY SEWER EXTENSION
PROJECT. Mr. Bill Eisen, City Manager.
Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to
approve Resolution No. R2003-40.
City Manager, Bill Eisen, stated the proposal is for a bid in the amount of $1,193,567.90
for construction of the Wagon Wheel Sanitary Sewer Extension.
Councilmember Marcott asked what is the time frame of the project.
Executive Director of Community Services, Tobin Maples, stated the time frame for the
project is 150 days.
Voting "Aye" Councilmember Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION — RESOLUTION NO. R2003-47 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE PROPOSED
DESIGN AND PROJECT SCHEDULE FOR THE RECYCLING CENTER. Mr. Bill
Eisen, City Manager.
Mayor Pro -Tem Owens made the motion, seconded by Councilmember Viktorin, to
approve Resolution No. R2003-47.
City Manager, Bill Eisen, stated this item is regarding the Recycling Center Project
including the over-all design and project schedule.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
OTHER BUSINESS: None.
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ADJOURNMENT
Meeting was adjourned at 10:30 p.m.
Minutes approved as submitted and/or corrected this 24th day of March A.D., 2003.
Tom Reid
Mayor
ATTEST:
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