2003-03-24 CITY COUNCIL REGULAR MEETING MINUTES63
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MARCH 24, 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
Councilmember
City Manager
City Attorney
City Secretary
Others in attendance: Deputy City
Community Services Tobin Maples;
Corporation Fred Welch; Police Chief
Public Affairs Manager Mattie Culver;
Tom Reid
Woody Owens
Richard Tetens
Charles Viktorin
Larry Marcott
Klaus Seeger
Bill Eisen
Darrin Coker
Young Lorfing
Manager Alan Mueller; Executive Director of
Executive Director of Economic Development
J. C. Doyle; Public Affairs Liaison Lynn Munford;
Keep Pearland Beautiful Delores Fenwick.
The invocation was given by Councilmember Viktorin and the Pledge of Allegiance was
led by City Police Chief J. C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported on March 11 he attended a Municipal Utility District No. 4 Public
Hearing; March 12 he attended an Adult Reading Board of Directors Meeting; March 13
he attended the Classic Cafe Open House; March 16 — 18 he attended the Brazoria
County Days in Austin, Texas; March 19 he attended the Wal-Mart (Hwy288) Ribbon
Cutting Ceremony, the Chamber Monthly Meeting, and the Brazoria County Cities
Association Monthly Meeting; March 20 he attended a Chamber Leadership Council
Meeting and a Council - School Board Workshop; March 21 he attended a PEDC
Meeting with a Developer and the Houston Galveston Area Council Annual Meeting;
March 24 he attended an Agenda Meeting and a PEDC Special Meeting.
Mayor Reid and Police Chief J. C. Doyle presented a Proclamation to Crime Victims
Liaison Gina Mendez and declared April 6 — April 12 as Crime Victims Rights Week. A
brief statement was given by Crime Victims Liaison Gina Mendez regarding the Crime
Victims Rights Program. A brief statement was given by Police Chief J. C. Doyle
regarding Gina Mendez service for the Crime Victims Program.
Mayor Reid presented a Proclamation to the Texas Junior Classical League and
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61
declared April 4 and April 5 as Texas Junior Classical League Latin Days.
Delores Fenwick gave a brief statement regarding the Great American Clean-up
Months. She stated at Pearland High School on Saturday, March 29, 2003 will be
Hazardous Waste Collection Day, starting at 9 a.m. and ending at 3 p.m. She stated on
April 1, 2003 at the Sablatura Middle School will be the School Environmental Fair.
April 5, 2003 is Pick-up Trash Day. April 25, 2003 will be the Annual Awards Dinner
located at First United Methodist Church.
COUNCIL ACTIVITY REPORTS:
Councilmember Tetens reported on March 16 — 18 he attended the Brazoria County
Days in Austin, Texas; March 19 he attended a Chamber Meeting regarding the Race
Track and the Brazoria County Cities Association Monthly Meeting.
Councilmember Viktorin reported on March 16 — 18 he attended the Brazoria County
Days in Austin, Texas; March 21 he attended the Houston Galveston Area Council
Annual Meeting.
Mayor Pro -Tem Owens reported on March 16 — 18 he attended the Brazoria County
Days in Austin, Texas; March 19 he attended a Chamber Meeting regarding the Race
Track and the Brazoria County Cities Association Monthly Meeting; March 21 he
attended the Houston Galveston Area Council Annual Meeting.
Councilmember Marcott reported on March 16 — 18 he attended the Brazoria County
Days in Austin, Texas and during the meetings State Representatives discussed their
meetings regarding County issues; March 19 he attended a Chamber Meeting regarding
Race Tracks and the Brazoria County Cities Association Monthly Meeting and during
the meeting Sharon Watkins formerly with Enron discussed issues surrounding her
book; March 21 he attended the Houston Galveston Area Council Annual Meeting.
Councilmember Seeger passed.
CITY MANAGER'S REPORT
City Manager, Bill Eisen, reported on March 16 — 18 he attended the Brazoria County
Days in Austin, Texas.
CITIZENS
Michael Klaus, 5016 Groveton, addressed Council and stated he has not received any
information from the City regarding his Public Information Requests. He stated he has
concerns and he would be filing a complaint with the State.
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65
Linda Cowles, 3412 Shadycrest, addressed Council and stated she is with Keep
Pearland Beautiful. She stated she has been picking up signs for 6 months and 44% of
the signs she picks up are Garage Sale signs. Ms. Cowles stated her idea regarding
permit stickers for the signs. She asked why aren't citations issued to people who leave
the signs posted.
Richard Keschinger, 2011 Sleepy Hollow Drive, addressed Council and stated his
concerns regarding the flooding of Sleepy Hollow. He further stated his concerns
regarding his signature being on a petition he did not sign. Mr. Keschinger_ stated his
concerns regarding the wording of the Yost cul-de-sac proposed ordinance.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES:
1. Minutes of the January 20, 2003, Joint Public Hearing held at 6:30 p.m.
2. Minutes of the March 10, 2003, Regular Council Meeting held at 7:30 p.m.
3. Minutes of the March 10, 2003, Special Meeting held at 7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
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.
C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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
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69
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
WITH THE ADDITIONAL REQUIREMENTS THAT 1) A MASONRY FENCE
(BRICK IN FRONT) IS CONSTRUCTED AROUND THE .ENTIRE PROPERTY 2)
DETENTION FACILITIES BE CONSTRUCTED BEFORE THE PROPERTY IS
DEVELOPED AND 3) THE LANDSCAPING IS INSTALLED OUTSIDE OF THE
BRICK FENCE FACING FM 518, 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.
D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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.
E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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 '/2 OF LOT 35 OF THE
ALLISON RICHEY GULF COAST 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,
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b�
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. 509-643 - 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.
G. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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.
H. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
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.
I. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 741-2 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 27,
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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.
J. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
REAPPOINTMENT OF DELORES FENWICK, MICHELLE LEGGETT AND
JUDY SISSOM TO SERVE ON THE CHANNEL REVIEW BOARD FOR A
THREE-YEAR TERM AND APPOINT DEBBIE SCHIELKE AS ALTERNATE
MEMBER TO SERVE A TWO-YEAR TERM. Mayor Tom Reid.
K. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE
OF SHADOW CREEK RANCH SF -14A. Mr. John Hargrove, City Engineer.
L. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE
OF SHADOW CREEK RANCH SF -10. Mr. John Hargrove, City Engineer.
M. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE
OF SHADOW CREEK RANCH VILLAGE 1 PHASE 2 B — KIRBY DRIVE
EXTENSION. Mr. John Hargrove, City Engineer.
N. CONSIDERATION AND POSSIBLE ACTION — EXCUSE ABSENCE OF
COUNCILMEMBER RICHARD TETENS FROM THE REGULAR MEETING
HELD ON MARCH 10, 2003. City Council.
O. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING
OF ORDINANCE NO. 1101 — AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE
AND NECESSITY TO ACQUIRE AN EASEMENT FOR THE CONSTRUCTION
OF MUNICIPAL ROAD IMPROVEMENTS ON CERTAIN REAL PROPERTY
DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS
DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE
NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY
DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF
EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE
CONSTRUCTION OF MUNICIPAL ROAD IMPROVEMENTS BEARS DIRECTLY
UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND
PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
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Councilmember Tetens asked that Consent Agenda Items C and H 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 0, with the exception of items C and H 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 Tetens asked that Consent Agenda Item C be removed from the
Consent Agenda for further discussion.
C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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
WITH THE ADDITIONAL REQUIREMENTS THAT 1) A MASONRY FENCE
(BRICK IN FRONT) IS CONSTRUCTED AROUND THE ENTIRE PROPERTY 2)
DETENTION FACILITIES BE CONSTRUCTED BEFORE THE PROPERTY IS
DEVELOPED AND 3) THE LANDSCAPING IS INSTALLED OUTSIDE OF THE
BRICK FENCE FACING FM 518, 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 Tetens made the motion, seconded by Councilmember Viktorin, to
approve Ordinance No. 509-640 (Application No. 1086) and (Specific Use Application
No. 124) on its second and final reading.
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Executive Director of Community Services, Tobin Maples, stated the applicant is
currently present and would like to give some clarification regarding the masonry fence
requirement around the property.
City Attorney, Darrin Coker, stated the ordinance does state the requirement of a
masonry fence around the entire property arid this was recommended by the Planning
and Zoning Commission.
Gary Ferguson, 11753 West Bellfort, addressed Council and stated the developer plans
to build a fence along the drainage channel to the East, along the rear of the property to
the North, and along the front of the West Boundary line to the building. He stated the
fence would stop along the front edge of the building.
A brief discussion ensued among Council, Staff, and Mr. Ferguson regarding the
masonry fence.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and.Seeger.
Voting "No" None.
Motion Passed 5 to 0.
Councilmember Tetens asked that Consent Agenda Item H be removed from the
Consent Agenda for further discussion.
H. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
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 Tetens made the motion, seconded by Councilmember Viktorin, to
approve Ordinance No. 1100 on its second and final reading.
Councilmember Tetens stated he does not feel the exchange of land is equivalent and
is not in the best interest of the City.
City Manager, Bill Eisen, stated cost per square foot is not equivalent, however, there is
more property involved in one of the areas.
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Y Councilmember Marcott stated he agrees with Councilmember Tetens regarding the
cost per square foot.
Additional discussion ensued among Council and Staff regarding the price of the
property per square foot.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" Councilmember Tetens.
Motion Passed 4 to 1.
NEW BUSINESS
COUNCIL ACTION — RESOLUTION NO. R2003-52 — A RESOLUTION OF THE CITY LL
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH PGAL, INC.
FOR PREPARATION OF A CITY WIDE SPACE NEEDS ASSESSMENT STUDY. Mr.
Bill Eisen, City Manager.
Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to
approve Resolution No. R2003-52.
City Manager, Bill Eisen, stated this item is regarding preparation for the City Space
Needs Assessment Study. He furtherstated proposals from architect firms were
submitted and PGAL, Inc. forwarded the best proposal.
Councilmember Marcott asked what criteria established the build out amount of the City
by the year 2010.
Jeffrey Weiner, PGAL Representative, addressed Council and gave a brief explanation
of the Space Needs Assessment Study.
Discussion ensued among Council and Mr. Weiner regarding the prospective growth
amount of Pearland by 2010.
City Manager, Bill Eisen, stated the time frame for the contract is focused around the
City's needs and stated he feels this is the most effective plan. A shorter contract would
not help with the City goals and therefore the long-term contract with specific time-
frames at this point would help with further future planning.
Additional discussion ensued among Council, Staff, and Mr. Weiner regarding the
contract time frame with PGAL Inc. and services being provided.
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Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2003-53 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE FITE ROAD INTERSECTION
PROJECT. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Owens made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2003-53.
City Manager, Bill Eisen, stated this item is regarding a bid for construction services
from South Coast Construction in the amount of $1,362,320.25.
Councilmember Marcott asked what is the total budget of the project..
A brief discussion ensued among Council and Staff regarding the projected budget,
mobilization, and bidder's history of work.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2003-50 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK
AUTHORIZATION #11 SUPPLEMENT #3 FOR MATERIALS TESTING SERVICES
ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM
(FITE ROAD INTERSECTION PROJECT).
Mr. Bill Eisen, City Manager.
Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Owens, to
approve Resolution No. R2003-50.
City Manager, Bill Eisen, stated this item is relating to Fite Road construction. He stated
approved construction would allow services by Q.C. Laboratories in the amount of
$25,660.00.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin, and Tetens.
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Voting "No" None.
Motion Passed 5 to 0.
73
COUNCIL ACTION - RESOLUTION NO. R2003-51 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE SCHLEIDER DRIVE
EXTENSION PROJECT. Mr. Bill Eisen, City Manager. -
Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Owens, to
approve Resolution No. R2003-51.
City Manager, Bill Eisen, stated this item involves an extension of an existing drive. the
City would share construction with the bidder, therefore, dropping the total bid price to
$74,972.50.
Councilmember Marcott stated he has concerns regarding the project. He stated
Schleider Drive has a ditch that runs down to the Barry Rose ditch and there are other
ditches on the South side of Plum. He stated there are subdivisions below the road
elevation and he has concerns regarding drainage.
City Manager, Bill Eisen, stated these drainage concerns are of interest and Mr.
Escobar with LJA Engineering would address those concerns.
Omar Escobar, LJA Engineering, addressed Council and stated the lead Engineer for
this project is no longer with the Company, however his review shows the project details
routing the water into a system.
Lengthy discussion ensued among Council, Staff, and Mr. Omar Escobar regarding
drainage concerns for the Schleider Drive area.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, and Seeger.
Voting "No" Councilmember Marcott.
Motion Passed 4 to 1.
COUNCIL ACTION — REGARDING APPOINTING A CITIZEN'S CODE ADVISORY
COMMITTEE (CCAC) TO ASSIST THE CITY COUNCIL, PLANNING AND ZONING
COMMISSION, AND PLANNING CONSULTANT IN PREPARING THE NEW LAND
DEVELOPMENT CODE (UNIFIED DEVELOPMENT CODE). Mr. Tobin Maples,
Executive Director of Community Services.
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Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to
approve the appointing of Councilmember Tetens, Councilmember Viktorin, and the
remaining structure consisting of Pearland Independent School District Representatives
as part of a Citizen's Code Advisory Committee.
City Manager, Bill Eisen, stated this item is appointing an advisory committee to assist
Council and Planning and Zoning Commission in preparing a Unified Development
Code. _
Council and Staff gave a clarification of appointing the committee based on the
community and stated it would be discussed during a later Workshop.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 1076-1 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 1076, THE 2002-2003 ANNUAL BUDGET ORDINANCE, BY
AUTHORIZING CERTAIN ADDITIONS TO THE TAX INCREMENT REINVESTMENT
ZONE #2 FUND FOR MUNICIPAL PURPOSES; AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE. TO TAKE ALL ACTIONS NECESSARY TO FACILITATE THE
CHANGES IDENTIFIED HEREIN WITHOUT FURTHER APPROVAL OF CITY
COUNCIL; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A
REPEALER CLAUSE, AND AN EFFECTIVE DATE; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO ADJUST THE CITY BUDGET INURES TO
THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Alan Mueller, Deputy
City Manager.
Councilmember Viktorin made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 1076-1 on its first and only reading.
City Manager, Bill Eisen, stated each year administrative fees are paid to various
entities that provide services for Tax Increment Reinvestment Zone #2 and this item
would allow developers to pay the funds to the Tax Increment Reinvestment Zone #2
and recover their costs later with interest.
Councilmember Marcott asked what is the interest amount.
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75
Deputy City Manager, Alan Mueller, stated the first million dollars is at 8% and there
after it would be 6% and gave a brief explanation of the funds.
Brief discussion ensued among Council and Staff regarding funds advanced to the City
by new developers and the interest amounts paid to the developers.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — REMOVE FROM THE TABLE RESOLUTION NO. R2003-48.
City Council.
Mayor Pro -Tem Owens made the motion, seconded by Councilmember Viktorin, to
remove Resolution No. R2003-48 from the table.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0
COUNCIL 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.
Mayor Pro -Tem Owens made the motion, seconded by Councilmember Viktorin, to
approve Resolution No. R2003-48.
City Manager, Bill Eisen, stated there were concerns from Council during the March 10,
2003 Council Meeting regarding this item. The agreement is between the City and Wal-
Mart for traffic improvements constructed on FM 518 near HWY 288. The turn radius
for the area was a concern and it has been discussed among Staff.
Councilmember Marcott asked who would pay for any signs knocked down by the
Tractor Trailers.
City Manager, Bill Eisen, stated that if the signs were located in the right-of-way, it
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would be replaced by the State. He stated the current turn radius is within State
Standards.
Mayor Pro -Tem Owens asked was there an agreement in the beginning of
development.
City Manager, Bill Eisen, stated the agreement was developed in the early stages of the
project before any construction took place.
Additional discussion ensued among Council and Staff regarding the agreement
between the City and Wal-Mart.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, and Seeger.
Voting "No" Councilmember Marcott.
Motion Passed 4 to 1.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:37 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.072 — REAL PROPERTY: DISCUSSION REGARDING
THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY —
RIGHT-OF-WAY. Mr. Darrin Coker, City Attorney.
2. SECTION 551.074 - PERSONNEL - ANNUAL EVALUATION OF THE
CITY ATTORNEY. City Council.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 11:07 p.m.
COUNCIL ACTION — REGARDING THE SALE, PURCHASE, OR EXCHANGE OF
REAL PROPERTY — RIGHT-OF-WAY. Mr. Darrin Coker, City Attorney.
This item was passed with no Council action taken.
COUNCIL ACTION — REGARDING THE ANNUAL EVALUATION OF THE CITY
ATTORNEY. City Council.
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Mayor Reid made the motion, seconded by Mayor Pro -Tem Owens, to adjust the salary
of the City Attorney as discussed in the Executive Session.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
ADJOURNMENT
Meeting was adjourned at 11:08 p.m.
Minutes approved as submitted and/or corrected this 14" day of A.D., 2003. _
Tom Reid
Mayor
ATTFST-
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