2003-07-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON JULY 28, 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
Tom Reid
Councilmember
Charles Viktorin
Councilmember
Woody Owens
Councilmember
Larry Marcott
Councilmember
Klaus Seeger
City Manager
Bill Eisen
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Absent: Mayor Pro -Tem 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; Police Chief J.C. Doyle; City Engineer Doug Kneupper; Public
Affairs Liaison Lynn Munford; Director of Finance Mary Ross; Parks and Recreation
Director Tom Grieve; Director of Human Resources and Safety Management Mary
Hickling; HR Benefits Coordinator Yesenia Garza; Public Works Director Jerry Bums;
Public Works Superintendent Cecil Bowery; Purchasing Officer Gordon Island; Project
Director Joe Wertz.
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 July 15 he attended the Higher Education Committee Meeting;
July 16 he attended the Brazoria County Cities Association Monthly Meeting; July 17 he
attended a Chamber Leadership Council Meeting, Ribbon Cutting Ceremony for Bank of
America, City Monument Meeting, South East Economic Development Corporation
Meeting, and a Reception at Harris County for Commissioner Garcia; July 18 he
attended the Pearland Community Hospital Board Meeting; July 21 he attended an
Agenda Meeting and a Council Public Hearing/Meeting; July 23 he attended the Board
of Director — Brazoria Drainage Commission #4 Meeting and a Public Meeting — South
Corrigan Subdivision; July 24 he attended the Adult Reading Center Board; July 25 he
attended a HGAC Transportation Policy Meeting with Council; July 26 he attended a
Ground Breaking Ceremony for the Alvin School in Shadow Creek Ranch; July 28 he
attended a PEDC Special Meeting.
Mayor Reid stated he would like to mention the Veterans currently serving overseas,
and would like to give thanks to those serving. He stated he is very proud of his City
Page 1 of 19 — 7/28/2003
Council; all members have been members of the armed services. He stated it has been
a pleasure serving with the Councilmembers.
Mayor Reid presented a Proclamation to Police Chief J.C. Doyle, Officer Jon Mathrene
and Recreation Superintendent Michelle Dunn proclaiming. August 5, 2003, as National
Night Out in Pearland.
Police Chief J. C. Doyle, stated National Night Out is an opportunity to get out and know
your neighbors. He stated a lot of new and established communities are throughout
Pearland. Mr. Doyle stated reducing crime and helping each other starts on a
neighborhood level. He stated a difference could be made by knowing your neighbors.
Michelle Dunn, Parks and Recreational Superintendent, stated in conjunction with
National Night Out, there will be a Concert held for those neighborhoods that do not
have a place set-up for the neighbors to meet.
Mayor Reid presented a Proclamation to the Leukemia & Lymphoma Society
proclaiming the Month of September 2003 as Leukemia and Lymphoma Awareness
Month.
Jon Strange, President of the Gulf Coast Chapter, stated Pearland is a major city in
Brazoria County. The Society's staff is made up of 12 people and the Board is made up
of 90 members. He further stated the chapter tries very hard to raise money during the
fund raisers for cancer.
Joan Jared, Executive Director of the Gulf Coast Chapter, stated this is a wonderful
event and she encourages everyone to come out and attend. She stated every 5
minutes an American is diagnosed with cancer, and every 9 minutes, someone loses
their battle with cancer. She introduced the Ambassador for the Leukemia, Lymphoma
Society.
The Ambassador for the Leukemia, Lymphoma Society stated she lives in the Country
Place Subdivision located in Pearland. She stated she runs a support group for people
with cancer. She further stated that 8 years ago she was diagnosed with multiple
myeloma, which is a very deadly incurable form of cancer. She stated she is very
fortunate to be here and many do not live past five years of being diagnosed. The only
way for a cure to be found is more funding for research. She stated the events are a lot
of fun and she encourages people to get a team together and join in.
Mayor Reid gave brief comments about supporting the programs working towards
finding a cure for cancer.
COUNCIL ACTIVITY REPORTS
Mayor Pro -Tem Tetens on vacation.
Page 2 of 19 — 7/28/2003
Council activity reports were passed.
CITY MANAGER'S REPORT
City Manager, Bill Eisen, stated efforts for a non-profit Hospital in Pearland have been
on-going, and funding efforts have also been on-going for the hospital. Mr. Eisen stated
a briefing on the Hospital may be given within the next couple of weeks.
CITIZENS
Tom Johnson II, 3244 Autumn Forest Drive, addressed Council and stated he is
supporting the building of a bridge in West Oaks Village. He asks that the City would
consider the building of the bridge.
Charles Smith, 3309 Autumn Forest Drive, addressed Council and stated he is
representing the West Oaks Community regarding the proposed bridge. He stated
currently the entrance is located from West Oaks Boulevard to English Oaks. There is
only one way each direction for cars, and it is really hard to exit the Community. Mr.
Smith stated with the current construction, it is very tough on the Community. The
Community also has a swimming pool, and all the kids have to cross on the grass to get
in. The bridge is currently specified for English Oaks, West Oaks, and Old Oaks. Mr.
Smith gave a description of the plat and the proposed bridge location. He stated the
main focus of the community is the safety of the neighborhood children.
Sean DeGon, 3206 West Oaks Boulevard, addressed Council and stated he agrees
with the previous citizens regarding a bridge for pedestrians. Currently, there is no safe
way for the children to go to and from the neighborhoods. He stated he disagrees with
the vehicular portion of the bridge because there is only a third of a mile between Old
Oaks and Fite Road. He stated very few houses would serve a purpose for this bridge.
Mr. DeGon stated he feels this would cause a problem with the selling prices of the
homes throughout the neighborhood.
Marjorie Nelson, 3301 English Oaks Boulevard, addressed Council and stated she and
her husband moved to the Community three years ago after his retirement. They
wanted to move to a community with children because they both like children and it
helps them stay young. She stated she is opposed to a vehicular bridge, but would
much prefer a walking bridge for the children. She stated it is the City's responsibility to
ensure the safety of the children. Ms. Nelson stated the bridge would allow the children
in the neighborhood to safely walk and ride their bikes to and from school and the pool.
She stated if there is a vehicular bridge, than an increase in traffic will take place in
West Oaks.
Darin Kessler, 3311 English Oaks, addressed Council and stated the children currently
have to walk along the grassy area to go to and from the pool and school. He stated
there are no sidewalks for the children to walk down because of the drainage on both
Page 3 of 19 — 7/28/2003
sides. Mr. Kessler stated the bridge would connect the neighborhoods and would
secure some form of safety for the kids.
Charles Smith, 3309 Autumn Forest Drive, addressed Council making additional
comments regarding his support of the proposed bridge in his neighborhood.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES:
1. Minutes of the July 7, 2003, Special Council Meeting held at 6:00 p.m.
2. Minutes of the July 14, 2003, Regular Council Meeting held at 7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-664 - 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 2.389
ACRES OF LAND, OUT OF LOT 59, OF THE ALLISON RICHEY GULF COAST
HOME COMPANY SUBDIVISION OF THE H.T. & B.R.R. COMPANY SURVEY
NO. 20 (F.B. DRAKE), ABSTRACT 506, BRAZORIA COUNTY, TEXAS
(CULLEN BOULEVARD NORTH OF FM 518) (APPLICATION NO. 1110) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL
BUSINESS DISTRICT (GB) AT THE REQUEST OF JUNG H. KWAK, AGENT
FOR CHARLES AND SHIRLEY SAVELL, 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.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-665 - 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 C,
SECTION 3, GARDEN ACRES SUBDIVISION, ABSTRACT 219, H.T. & B.R.R.
COMPANY SURVEY, BRAZORIA COUNTY, TEXAS (FM 518 AT THELMA
DRIVE) (APPLICATION NO. 1112) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO OFFICE AND PROFESSIONAL DISTRICT
(OP) AT THE REQUEST OF JACK MCGUFF, JR., AIA, AGENT FOR
WESTSIDE CHURCH OF CHRIST - PEARLAND, INC., OWNERS, PROVIDING
FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A
Page 4 of 19 — 7/28/2003
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. 509-666 - 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 27
OF THE ALLISON RICHEY GULF COAST HOME COMPANY'S SUBURBAN
GARDENS SUBDIVISION OF SECTION 8, H.T. & B.R.R. COMPANY SURVEY,
ABSTRACT 504, BRAZORIA COUNTY, TEXAS (GARDEN ROAD) (SPECIFIC
USE APPLICATION NO. 127) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SUBURBAN DEVELOPMENT DISTRICT -
SPECIFIC USE (SD(S)) FOR A CHURCH AT THE REQUEST OF SOHAIL
NOOR, AGENT FOR CYNTHIA H. CRAMER, 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. 509-667 - 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 0.59
ACRES OF LAND, BEING OUT OF AND PART OF THE COMMERCIAL
RESERVE OF BLOCK 12, LOT 2, WEST LEA SUBDIVISION, SECTION 3,
ABSTRACT 546, AS RECORDED IN VOLUME 12, PAGE 23, OF THE PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (FM 1128 AT HERON LANE)
(APPLICATION NO. 1111) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT
(R-1) AT THE REQUEST OF ERIC E. AND VISEETA BROWN, OWNERS,
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Mr. Tobin Maples, Executive Director of Community Services.
F. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-668 - 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 0.923
Page 5 of 19 — 7/28/2003
ACRES OF LAND, OUT OF THE NORTH '/z OF THE NORTH'/2 OF LOT 50, OF
THE ALLISON RICHEY GULF COAST HOME COMPANY'S SUBDIVISION,
SECTION 19, BEING OUT OF THE H.T. & B.R.R. COMPANY SURVEY,
ABSTRACT 243, AS RECORDED IN VOLUME 2, PAGE 23, OF THE PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (1702 STONE ROAD)
(APPLICATION NO. 1114) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT
(R-1) AT THE REQUEST OF JOHN WILLIAMS, 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. 1119 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF -PEARLAND, TEXAS, WAIVING THE
ENCROACHMENT OF A SEWER SYSTEM GRINDER AND AIR CONDITION
SLAB ONTO PROPERTY OWNED BY THE CITY. Mr. Darrin Coker, City
Attorney.
H. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE
OF SHADOW CREEK RANCH SF -15. Mr. Doug Kneupper, City Engineer.
I. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE
OF CREEKSIDE SECTION ONE. Mr. Doug Kneupper, City Engineer.
J. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE
OF SHADOW CREEK RANCH SF -11. Mr. Doug Kneupper, City Engineer.
K. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE
OF VILLA VERDE SECTION 3. Mr. Doug Kneupper, City Engineer.
L. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-101 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING
ARRANGEMENT WITH THE BUYBOARD FOR THE PURCHASE OF A
COMBINATION JET-RODDER-VACUUM TRUCK. Mr. Gordon Island,
Purchasing Officer.
M. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-102 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING
ARRANGEMENT WITH THE HOUSTON-GALVESTON AREA COUNCIL
Page 6 of 19 — 7/28/2003
(HGAC) FOR THE PURCHASE OF A DUMP TRUCK. Mr. Gordon Island,
Purchasing Officer.
Councilmember Viktorin asked that Consent Agenda Item A be removed from the
Consent Agenda for further discussion.
Councilmember Viktorin made the motion, seconded by Councilmember Owens, to
adopt Consent. Agenda Items A through M, with the exception of 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 Mayor Pro -Tem Tetens absent.
MATTERS REMOVED FROM CONSENT AGENDA
Councilmember Viktorin asked that Consent Agenda Item A be removed from the
Consent Agenda for further discussion.
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES:
1. Minutes of the July 7, 2003, Special Council Meeting held at 6:00 p.m.
2. Minutes of the July 14, 2003, Regular Council Meeting held at 7:30 p.m.
Councilmember Viktorin made the motion, seconded by Councilmember Owens, to
adopt Consent Agenda Item A as amended.
Councilmember Viktorin stated he would like the July 14, 2003 Regular Council Meeting
minutes to reflect his reasoning for his "No" vote on the First Reading of Ordinance No.
1108, Tree Ordinance. He stated he voted "No" and the minutes did not reflect his
reasoning for voting "No" against the Ordinance. He further wanted the minutes to
reflect his reason for voting "No." Councilmember Viktorin further stated his reason for
voting "No" is he feels rules should be applied evenly to all landowners, regardless if
there is a dwelling on their land or not.
Voting "Aye" Councilmembers Seeger, Marcott, Owens and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent.
NEW BUSINESS
Page 7 of 19 — 7/28/2003
J
COUNCIL ACTION — REMOVE FROM TABLE RESOLUTION NO. R2003-90.
City Council.
Councilmember Owens made the motion, seconded by Councilmember Marcott, to
remove Resolution No. R2003-90 from the table.
Voting "Aye" Councilmembers Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent.
COUNCIL ACTION — RESOLUTION NO. R2003-90 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK
AUTHORIZATION #1 SUPPLEMENT #8 FOR PRELIMINARY ENGINEERING
SERVICES AND PROGRAM MANAGEMENT SERVICES ASSOCIATED WITH THE
PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM (MAGNOLIA ROAD
PROJECT). Mr. Bill Eisen, City Manager.
Councilmember Viktorin made the motion, seconded by Councilmember Marcott, to
table Resolution No. R2003-90 for further review of the project.
City Manager, Bill Eisen, stated this item would provide funds for engineering and the
program management with Turner, Collie and Braden. He stated this would include the
engineering process such as hydrology and surveying.
Molly Burkett, 3413 Lindhaven Drive, addressed Council and stated some very
compelling arguments have been presented tonight at the Public Hearing. She hopes
Council takes the time and consideration not to move forward with this project. She
stated more time is needed and nothing will be lost during that time. She is concerned
about Turner, Collie, and Braden processing the study because of previous studies.
Ms. Burkett stated she hopes the people who spoke would be considered in the
decision of this project.
John Gorman, 3612 Parkside, addressed Council and stated he would like the
comments made by the Audubon Place Subdivision entered into the record.
Conversion of Bailey Road Project to the Magnolia Road Project, Summary of Issues
and Concerns, Audubon Place Subdivision, Magnolia Road — entered into the record
see Exhibit "A".
Isaac Irby, 3512 Parkside Drive, addressed Council and stated the money for
engineering the project could be used and be redirected to find an alternative to the
Page 8 of 19 — 7/28/2003
project. He asked the Council to please consider using the funds to do a feasibility
study and take a broader look at the Bailey Road opposed to Magnolia.
Michael Klaus, 5016 Groveton, addressed Council and stated he would like to discuss
three items from the presentation. He asked for the actual cost of the project. He
stated Council should speak with City Staff concerning questions pertaining to Brazoria
County. He stated some of the information for the questions could be answered by
Brazoria Drainage District No. 4 and Brazoria County. Mr. Klaus further stated the
speed limit of 30 mph and the stop signs on the proposed road are coming from the
developers, and if that is the case, then they should pay the project costs, not the
citizens of Pearland.
Jarod Jenson, 3409 Lindhaven Drive, addressed Council and stated his concern is the
information given to Council. He asked if the information is factional representative
information of what is taking place. He stated the costs seem to be a little large. He
stated before moving on with the project, -investigation regarding costs should take
place. Mr. Jenson further stated most of the people said that they did not hear of this
issue until recently.
Rick Cristiano, 3404 Parkside Drive, addressed Council and stated he has concerns
about funding in the previous Public Hearing. He would also like to address the
planning and steps of the project. He stated steps should not be jumped. He asked if
Council could take baby steps with the project verses running.
Randy Patro, 5510 Magnolia Road, addressed Council and stated his concerns
regarding funding. He asked for the amount of money funded for the project. He stated
he feels this item should not be removed from the table due to additional information
needing to be gathered. He stated due to some of the inaccurate information, Council
should not move forward with the project. Mr. Patro stated he has concerns about the
developer not covering the costs for projects surrounding development in the City.
Sherry Fulgham, 5405 Magnolia, addressed Council and stated she agrees with the
previous comments regarding the Magnolia Project. She stated she does not want the
proposed project to take place. The Project should be revaluated. Ms. Fulgham stated
information was not provided to the citizens early enough and it should not be a rushed
decision.
Mayor Reid gave additional comments regarding the drainage concerns for Bailey
Road. He asked about the time frame Magnolia Road has been on the Master Plan.
City Manager, Bill Eisen, stated the current thoroughfare plan has been on the Master
Plan for over four years and the Magnolia Road Project since 1969.
Page 9 of 19 — 7/28/2003
Lengthy discussion ensued among Council and Staff regarding the proposed Magnolia
Road Project.
Councilmember Owens stated two weeks ago he asked Greg Hester with Turner, Collie
and Braden to get with TxDOT, the Drainage District, and the County concerning the
project. He stated Turner, Collie and Braden advised the following week that no funding
was available from these entities. He stated the County Engineer and the County
Commissioner with Brazoria County Drainage District No. 4 stated they were not
contacted regarding the funding of the project.
Greg Hester with Turner, Collie and Braden, stated he misunderstood Council and
thought he was to contact the County and Brazoria County Drainage District No. 4.
regarding general discussions of the project. He stated the availability of funds were
discussed and it was his understanding that there were no sufficient funds for the Bailey
project to go forward. He apologizes for his misunderstanding.
Additional discussion ensued among Council, Staff, and Greg Hester regarding the
discussions with the County and Brazoria County Drainage District No. 4.
Councilmember Owens stated he would not vote to move forward with this project. He
asked for the contact information Greg Hester made.
Discussion ensued among Council and the item was moved forward for voting.
Councilmember Viktorin complemented the citizens for the turnout and information
organization. He stated the citizens competently demonstrated their views. He gave
additional comments regarding the Public Hearing and the increase in costs for the
project.
Additional comments were made by Councilmember Marcott regarding upcoming roads,
projects, and Pearland Parkway. He stated these roads are going to happen at some
time and the citizens will need to understand. He stated he understood the concerns
from the citizens.
Councilmember Seeger stated information was given during workshops. He would like
the citizens to see some of the information Council has received during the workshops.
He stated a summary of the workshops could be put together for the citizens.
Discussion ensued among Council regarding projects throughout the City.
Voting "Aye" Councilmembers Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Page 10 of 19 — 7/28/2003
Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent.
Mayor Reid called a brief recess at 8:35 p.m.
Mayor Reid called the meeting back to order at 8:40 p.m.
COUNCIL ACTION - REMOVE FROM TABLE RESOLUTION NO. R2003-96.
City Council.
Councilmember Marcott made the motion, seconded by Councilmember Viktorin, to
remove Resolution No. R2003-96 from the table.
Voting "Aye" Councilmembers Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent
COUNCIL ACTION — RESOLUTION NO. R2003-96 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE
PHASE I DEVELOPMENT OF THE ZYCHLINSKI OLDE TOWN PARK. Mr Tom
Grieve, Parks and Recreation Director.
Councilmember Marcott made the motion, seconded by Councilmember Viktorin, to
approve Resolution No. R2003-96.
City Manager, Bill Eisen, stated the current year's budget included $175,000 for Phase I
of the development of the Zychlinski Olde Town Park. The park is located adjacent to
the Pearland College Center. The item being considered is the original bid along with
some modifications that have been made to bring the total overall bid amount to a level
below the budgeted amount. The amount of bid being considered is for $174,810 to
Blue Ridge Services who was the low bidder.
Additional discussion ensued between Council and the City Manager regarding the bids
and the project. Gordon Island, Purchasing Officer, stated the time frame for
completion is approximately sixty days.
Voting "Aye" Councilmembers Viktorin, Owens, Marcott, and Seeger
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent.
Page 11 of 19 — 7/28/2003
COUNCIL ACTION — REGARDING AN APPLICATION FROM MR. RYAN HARRIS
WITH BEST BUILDINGS TO MOVE A SINGLE-FAMILY HOUSE INTO THE CITY TO
BE LOCATED AT 9805 EXCALIBUR'S COURT. Mr. Tobin Maples, Executive Director
of Community Services.
Councilmember Seeger made the motion, seconded by Councilmember Viktorin, to
approve an application to move a single-family house into the City to be located at 9805
Excalibur's court.
City Manager, Bill Eisen, stated the City's Code of Ordinances requires that no building
may be moved into the City without Council's approval. Council is being asked to
approve the location of a building into the City. The structure will have to meet all City.
requirements before it receives a Certificate of Occupancy.
Brief discussion ensued between Council and Staff regarding the application.
Voting "Aye" Councilmembers Seeger, Marcott, Viktorin, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent.
COUNCIL ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 1108 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
REPEALING ORDINANCE NO. 772, TREE PROTECTION AND PRESERVATION
ORDINANCE, AND ESTABLISHING NEW CRITERIA AND REGULATIONS FOR THE
PRESERVATION OF TREES OF THE CITY OF PEARLAND, TEXAS, PROVIDING
MINIMUM STANDARDS; PROVIDING FOR THE REPLACEMENT AND REPLANTING
OF TREES THAT ARE REMOVED DURING CONSTRUCTION, DEVELOPMENT OR
PRE -DEVELOPMENT; PROVIDING A PENALTY FOR VIOLATION; HAVING A
SAVINGS CLAUSE, A REPEALER CLAUSE, AND A SEVERABILITY CLAUSE;
PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
Councilmember Viktorin made the motion, seconded by Councilmember Owens, to
discuss the approval of Ordinance No. 1108 on its second and final reading.
City Manager, Bill Eisen, stated this is a rewrite of the Tree Ordinance as instructed
some months ago, with the intent of making the ordinance more user friendly. At the
last meeting there were a couple of issues Council had asked Staff to look into. The
City Attorney has looked in the non -allowance of Cottonwood trees. In the City of
Pasadena, the Cottonwood trees are governed through the Landscape Ordinance. Also,
there was an issue with the Loblolly Pines and the allowance to permit them in the
Ordinance; however, the Loblolly Pines could not be used for mitigation.
Page 12 of 19 — 7/28/2003
Tom Grieve, Parks and Recreation Director, gave a brief presentation regarding the
allowance of the Loblolly Pine.
Brief discussion ensued between Council, City Attorney, and Mr. Grieve regarding the
Loblolly Pines.
Darrin Coker, City Attorney, gave a brief overview regarding the Cottonwood Trees. He
further stated according to this Ordinance the Cottonwood tree cannot be used for
mitigation. Mr. Coker recommended that the Cottonwood tree be regulated through the
City's Landscape Ordinance. Whenever new development comes in and they are
having to comply with the Landscape Ordinance you simply do not permit that type of
tree to be planted.
Mayor Reid reiterated that this Ordinance is set up where it will not allow the Loblolly
Pines or the Cottonwood trees.
Councilmember Viktorin stated as the Ordinance stands right now, if there is a vacant
lot in a subdivision adjacent to two lots that have homes on them, and trees had been
planted on the vacant lot and are now mature, the owner of that lot is penalized in the
sense that he has to finance that mitigation. Whereas, his neighbor right next door
wants to add on a room, he can go down with a chain saw and cut it. That is a situation
where the rules are not applied equally due to the sole fact that there is a dwelling on
the land. He further stated in the last Council meeting he used the word discrimination.
It is not applying the rules equally. In closing he stated either apply the Ordinance
equally, eliminating the homeowners from being exempt or do not apply it at all.
Darrin Coker, City Attorney, stated there is a different treatment for residential
homeowners or developed property versus undeveloped property. That is a correct
statement by Councilmember Viktorin. However, the law does say we can treat
individuals differently whenever there is different circumstances. In this case there is a
difference when you have a residential homeowner whose has already developed the
property versus one who has not already developed the property. As a result there is
not as good a reason or not as much as an incentive for that homeowner to take down
the tree. On the individual that has a vacant lot, obviously it can be costly. That was
one of the biggest problems with the old Ordinance. It was too costly for the landowner
to comply with the Ordinance. Hopefully, this Ordinance addressed some of those
concerns with the Ordinance by changing the way the mitigation occurs, based on size
and having a sliding scale. In closing, Mr. Coker stated he does not think we can find a
perfect Ordinance that addresses everybody's concerns. This Ordinance intended to be
somewhat of a compromise and should work well for the City.
Page 13 of 19 — 7/28/2003
Voting "Aye" Councilmembers Seeger, Marcott, and Owens.
Voting "No" Councilmember Viktorin.
Motion Passed 3 to 1, with Mayor Pro -Tem Tetens absent
COUNCIL ACTION — RESOLUTION NO. R2003-98 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING RESOLUTION NO.
R98-30 AND ELIMINATING TERM LIMITATIONS FOR PERSONS SERVING ON
APPOINTED BOARDS AND COMMISSIONS OF THE CITY. Mr. Darrin Coker, City
Attorney.
Councilmember Owens made the motion, seconded by Councilmember Marcott, to
approve Resolution No. R2003-98.
City Manager, Bill Eisen, stated the City's current Code of Ordinances has a provision
that places term limits on certain Boards and Commissions. During the recent Board
and Commission interviews, Council had expressed a desire to see term limits removed
from all City Boards and Commissions. This resolution, if approved, will remove all term
limits.
Voting "Aye" Councilmembers Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent.
With concurrence of Council, Mayor Reid moved to item No. 12
COUNCIL ACTION — RESOLUTION NO. R2003-107 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE SHADOW
CREEK RANCH WETLANDS PARK DEED RESTRICTIONS. Mr. Gary Cook, Shadow
Creek Ranch.
Councilmember Owens made the motion, seconded by Councilmember Seeger, to
approve Resolution No. R2003-107.
City Manager, Bill Eisen, stated some months back there were discussions with Shadow
Creek Ranch Developers regarding donation of property to the City, and that changed
to there being an opportunity for Shadow Creek Ranch to utilize some of those
properties as dedication for Wetlands mitigation for the overall development. The item
being considered is something that has been approved by the Corps of Engineers, and
that is to utilize Deed restrictions, which will limit the use of these properties.
Page 14 of 19 — 7/28/2003
Gary Cook, Shadow Creek Ranch Development, addressed Council and gave a brief
overview of the Wetlands mitigation, Wetlands Park Program, and the Corps of
Engineers 404 Permit.
Lengthy discussion ensued between Council and Mr. Cook regarding the 404 Permit
and Deed restrictions.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent.
With concurrence of Council, Mayor Reid moved back to Item No. 6
COUNCIL ACTION — RESOLUTION NO. R2003-100 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT
WITH FREESE AND NICHOLS, FOR ENGINEERING SERVICES ASSOCIATED WITH
THE DIXIE FARM ROAD WATER PROJECT. Mr. Bill Eisen, City Manager.
Councilmember Marcott made the motion, seconded by Councilmember Viktorin, to
approve Resolution No. R2003-100.
City Manager, Bill Eisen, stated Items 6 and 7 are related, they both relate to utility
design and water and sewer design on Dixie Farm Road. He further reported that Mr.
Wertz analysis has done a good job of explaining some of the reasons the City may
want to go forward with these contracts on our own rather than work with TxDOT.
There will be savings of some management fees related to TxDOT.
Councilmember Marcott asked anticipated date the work is going to be done and how it
is going to take on this item, as well as the next item, that will be considered on this
agenda.
Joe Wertz, Project Director, stated as soon as the right-of-way is purchased for Dixie
Farm Road we will be able to move forward with these items. That may be as long in
the future as a year to year and a half.
Voting "Aye" Councilmembers Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent.
Page 15 of 19 — 7/28/2003
J
COUNCIL ACTION — RESOLUTION NO. R2003-99 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT
WITH FREESE AND NICHOLS, FOR ENGINEERING SERVICES ASSOCIATED WITH
THE DIXIE FARM ROAD SANITARY SEWER PROJECT. Mr. Bill Eisen, City Manager.
Councilmember Seeger made the motion, seconded by Councilmember Marcott, to
approve Resolution No. R2003-99.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent.
COUNCIL ACTION — RESOLUTION NO. R2003-103 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR
PARTICIPATION IN A RETIREMENT HEALTH SAVINGS PROGRAM. Ms. Yesenia
Garza, HR Benefits Coordinator.
Councilmember Viktorin made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2003-103.
City Manager, Bill Eisen, stated this a new type of program that is now available to
municipalities. It is similar to the deferred compensation program that the City has in
place where employees can voluntarily elect to participate. There is no cost to the City
other some minor administration cost. This will be an optional program to allow
employees to save pre-tax dollars for use of health care related expenses after
retirement. Mr. Eisen stated there is no cost to the City now or in the future for this
program.
Voting "Aye" Councilmembers Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent.
COUNCIL ACTION — RESOLUTION NO. R2003-104 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING HEALTH
INSURANCE RENEWAL RATES FOR CIGNA HEALTHCARE. Ms. Yesenia Garza, HR
Benefits Coordinator.
Page 16 of 19 — 7/28/2003
Councilmember Owens made the motion, seconded by Councilmember Marcott, to
approve Resolution No. R2003-104.
City Manager, Bill Eisen, stated there is a cost to the City associated with this item.
This time of year the City considers renewing or bidding the Healthcare Insurance for
the upcoming year beginning October 1, 2003. For the last. two years the City has gone
out for bids and we need to be careful doing that every year because you start paying
extra for insurance companies that will set their rates anticipating a one-year contract.
Mr. Eisen stated the original proposal from CIGNA was an increase of 16%, which was
not considered acceptable. Human Resources Staff has worked with CIGNA to find
ways to increase the co -pays and the maximum out-of-pocket expense. As a result of
all their work, it will be an 11.7% increase. That amount is substantial; however, the
overall trend in the Houston area is the costs have gone up about 15%.
Brief discussion ensued between Council and Mr. Eisen regarding the proposed
contract and cost of the health insurance.
Voting "Aye" Councilmembers Viktorin, Owens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent.
COUNCIL ACTION — RESOLUTION NO. R2003-105 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING DENTAL
INSURANCE RENEWAL RATES WITH FORTIS BENEFITS INSURANCE COMPANY.
Ms. Yesenia Garza, HR Benefits Coordinator.
Councilmember Marcott made the motion, seconded by Councilmember Viktorin, to
approve Resolution No. R2003-105.
City Manager, Bill Eisen, stated this is the renewal of dental insurance with a 3%
increase of the rates. Mr. Eisen further stated this rate is very competitive given what is
happening in the healthcare industry.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent.
FIRST READING OF ORDINANCE NO. 1121 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING ORDINANCE NO.
889, AUTHORIZING THE OFFERING OF HEALTH BENEFITS COVERAGE TO THE
Page 17 of 19 — 7/28/2003
CITY RETIREES; CONTAINING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE
DATE; AND PROVIDING AN OPEN MEETINGS CLAUSE. Ms. Yesenia Garza, HR
Benefits Coordinator.
Councilmember Seeger made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 1121 on its first reading.
City Manager, Bill Eisen, stated that the City has received requests from employees to
consider the opportunity when they retire to continue health care coverage under the
City's program. The item being considered is a program that would allow a former
employee to pay the premiums at the full amount. The requirement would be age 60 or
more with a minimum of 10 years of continuous service or at any age with 20 years of
continuous service. The former employee would be responsible for paying the full
premium until age 65 when the Medicare type coverage would take over.
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" None.
Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent.
COUNCIL ACTION — RESOLUTION NO. R2003-106 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT AMENDMENT WITH
ECO RESOURCES, INC., FOR PROVISION OF METER READING SERVICES.
Mr. Bill Eisen, City Manager.
Councilmember Viktorin made the motion, seconded by Councilmember Seeger, to
approve Resolution No. R2003-106.
City Manager, Bill Eisen, stated there are some issues that have risen with regard to
workmanship type matters relating to the installation of the new metering system. He
further stated he feels those matters are resolved at this time. However, a result of that
is the original completion time will extend a little bit. The item being considered by
Council is to continue the meter reading contract with ECO Resources for a period of 60
days beyond the July 31 termination date. The way the agreement with ECO is written
would not change that in any way. They will gradually decline the number of meters
they read until the complete transition is done. The City will only pay them for the
meters read_
Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin.
Voting "No" None.
Page 18 of 19 — 7/28/2003
Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:46 p.m.
to discuss the following:
NEW BUSINESS (CONTINUED):
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY —
REGARDING POTENTIAL LITIGATION — CITY FACILITIES.
Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 10:25 p.m.
COUNCIL ACTION — REGARDING POTENTIAL LITIGATION — CITY FACILITIES.
Mr. Darrin Coker, City Attorney.
No Council action taken.
ADJOURNMENT
Meeting was adjourned at 10:26 p.m.
Minutes approved as submitted and/or corrected this the 11th day of Aust, 2003.
Tom Reid
Mayor
ATTEST:
Page 19 of 19 — 7/28/2003
Exhibit "A"
Regular Council Meeting Minutes
July 28, 2003
J
Conversion of Bailey Road Project to the
Magnolia Road Project
Summary of Issaces and Concerns
Audubon Place Subdivision, Magnolia Road
July 28, 2003
Conversion of Bailey Road Project to the Magnolia Road Project
Summary of Issues and Concerns
Audubon Place Subdivision, Magnolia Road
TABLE OF CONTENTS
I. INTRODUCTION .................................................................. 3
...................................
2. BAILEY ROAD PROGRESS, COMMUNICATION AND DUE PROCESS .... 5
3. FLOODING...............................................................................................................9
4. QUALITY OF LIFE...............................................................................................10
SAFETY......................................................................... ................................................. 10
NOISE..............................................:. 11
.........................................................
CRIME.......................................... 12
................................................................
PRIVACY & DECLWING PROPERTY VALUE.................................................................... 13
5. STRATEGIC IMPLICATIONS............................................................................14
ATTACHMENTS
EXHIBIT 1 Audubon Place Images from Tropical Storm Allison
EXHIBIT 2 Audubon Place Entrance
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1. Introduction
My name is Randy John Gorman, and I live at 3612 Parkside Drive here in
Pearland.
In June of this year, the City of Pearland communicated that the Bailey Road
project - one of the main parts of the 2001 Mobility Bond program - was
being scrapped in favor of the expansion of Magnolia Road. The primary
justification given for the change was a major growth in scope and cost
associated with drainage concerns in the Bailey Road corridor.
A group of concerned residents in the Magnolia corridor gathered in recent
weeks to discuss this change, and to organize our concerns, which include
the following:
1. The process of planning and initial engineering failed to identify the
drainage issues early enough, potentially wasting millions of Pearland
citizens' dollars; should we be convinced this won't happen again?
2. The process of communication and decision-making leading to the
switch from Bailey Road to Magnolia road has been managed hastily,
irresponsibly, and without consideration of other strategic project or
fiinding options.
3. There are important issues for current and future residents of the
Magnolia/Southfork corridor that have not been identified and
acknowledged, much less addressed. These issues include quality of
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life, safety of our children, noise pollution, resident privacy, potential
destruction of property value and impact on the environment.
4. The primary reason for moving the project from Bailey to Magnolia
was concern for drainage and flooding problems. We plan to
demonstrate that flooding problems already exist in the Magnolia
corridor, and we fear that thousands of tons of concrete will further
exacerbate our problems.
5. Last, but not least, the switch of the thoroughfare location demands a
review of the overall strategic direction of the mobility program, to
make sure that the project will align with Pearland's vision for the
future. This vision includes not only the sanctity and quality of life in
our residential neighborhoods, but also the opportunity for strategic
economic growth and job creation.
In our allotted time this evening, several spokespeople will elaborate on
these concerns, with the aim of convincing you, our city leadership, that
most aspects of this decision warrant further review, and that the very
process that we are part of tonight is flawed, demanding — at the very least —
a delay in the decision to move forward on the Magnolia Road project. We
plan to use this forum tonight as a launching pad for an extensive discovery
and communication process to ensure that we — as a community — are
fulfilling our obligations to our fellow citizens and to Pearland's strategic
future.
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2. Bailey Road Progress, Communication and Due Process
My name is Jarod Jenson, and I live at 3409 Lindhaven Drive.
I represent a group of citizens concerned about the Magnolia/Southfork
expansion project. I am here to communicate our concerns regarding the
past management of the Bailey road project, the advertising of this bond
issue, and the process being used to switch the project from Bailey to
Magnolia/Southfork.
First of all I would like to address the issue concerning the apparent under-
representation of the costs associated with the Bailey project. The Bailey
project has received over one years time of engineering effort and at costs
exceeding one million dollars of the taxpayer's money - of our money. It is
nothing short of alarming that after the amount of time expended on this
project, it is only now that we learn of the excessive costs that will be
required to mitigate the drainage problems associated with the potentially
failed project. I don't believe that anyone could assert - in good conscious -
that they were unaware that the Bailey corridor is in a flood plain or that
Cowart's Creek routinely overflows its banks in heavy rains. Any person
could logically conclude that the road would have to be raised to keep it
from succumbing to flood waters.
This is obviously not the first transportation project undertaken by either the
city or the hired contractors. It is therefore reasonable for any individual to
question the validity of the claims made as well as the motives behind such
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claims. I personally can only identify two possible explanations. Neither of
which is comforting.
The first is that the design decisions associated with the project were based
on supposition, hypothesis, or intentionally flawed data and algorithms. A
plus or minus mark of 40% in the actual cost of the project is far too great to
have gone unnoticed for so long. Who can say whether the same flaws -
whether intentional or not - won't be encountered as the project shifts focus
from Bailey to Magnolia. Any reasonable individual would seek to find the
root cause of the misrepresentation before moving to the next project - more
than a simple "oops, we forgot to account for rain ". This is especially true
if the city plans to maintain its relationship with the same firm that allowed
us to find ourselves in this position.
The second option, and even less appealing, is that there are external factors
which we have not been apprised of that are influencing the focus of the
project. Could it be that political factors associated with the Bailey project
have caused an irrational and over zealous shift in priorities? Any project
will have political implications and the shift in focus and scope of the
Magnolia expansion will be no exception.
We should take the time necessary to evaluate all projects in their entirety to
avoid the unnecessary waste of more taxpayer money.
With regard to the past and present communication process around this
project, we are :very concerned with how the mobility bond was represented,
sold and marketed to the voters. We were led to believe that Bailey Rd. was
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the main priority, and that work in the Magnolia corridor would involve a
simple overpass. This is very consistent in our personal recollections, as
well as research, we have conducted in Pearland city newsletters (such as
Peat -land in Motion), articles in local newspapers throughout 2001 and 2002,
and even in minutes of city council meetings. We have copies of all of
these, so please let us know if you would like to see them to get an accurate ,
perspective of a regular Pearland citizen. Please respect that the average
citizen is not able to attend each and every "special meeting"— we are busy
going through our lives, trusting our leadership that what we have been told
is true.
Recent communications — or lack thereof — are even more troubling to us.
Our recent interviews with Silverlake residents indicate that most residents
are unaware that the "Magnolia Road project" means increased traffic on
Southfork. You might be amazed by the stream of emails we have seen
expressing surprise at what is about to rock the Silverlake neighborhood
when Magnolia and Southfork are joined to connect Highway 35 and
Highway 288.
Recent special meetings held by council to discuss this project were
perceived by some citizens who attended as having an aura of "railroading",
"hurry up" and "cover up" around this project. A Public Hearing with a
council vote scheduled a few hours afterward certainly could not be
construed to meet the substantive due process required of a project of this
size and scope. This certainly will open the door to a long line of challenges
from those directly impacted based on the protections afforded to us as
citizens. Responses by city leadership to recent citizen emails make
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references to "traffic calming" and other mitigation methods. This not only
seems to assume that this project is definitely going through, and the best we
can do is get a few wish list items checked off, but that there are clear
indications that the proposed expansion is going to result in a measurable
burden on the residential areas impacted.
I, for one, am very disturbed by the way the communication and change
process is being handled. The city and council have a track record of
openness and a spirit of communication with past projects. They have even
been willing to postpone or even change decisions based on valid and
defensible public input. Why is this change to the Bailey project being
handled differently? I ask you to table this matter until more citizens are
made aware of the potential implications and can provide their valid and
valuable input. This is a reasonable request, and I would ask for reasonable
consideration.
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3. Flooding
My name is Rick Cristiano, and I live at 3404 Parkside Drive.
The primary reason for moving the project from Bailey to Magnolia was
concern for drainage and flooding problems. As you can see in the pictures
in Exhibit 1, we have had serious flooding problems in the Audubon Place
subdivision, even in our short 3 -year existence. Ryan Acres goes under
water every time we have significant rains. Some houses there have even
been bought out by FEMA, indicating they have flooded several times.
Nearby Mary's Creek comes out of its banks when we have flooding rains.
The conclusion that the Bailey Road project was "too expensive" does not
consider that a similar condition might exist in the Magnolia corridor when
over 5 million cubic feet of dirt and concrete are moved into our
neighborhoods. Is the city government ready to tackle yet another public
relations nightmare if our flooding problem is made worse? Will TC&B
design an underground river to calm our fears of rising water?
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4. Quality of Life
My name is Isaac Irby, and my family and I live at 3512 Parkside Drive
I am here to communicate the "Quality of Life" concerns that the Magnolia ,
project raises to many of us. Let me read to you an excerpt from Pearland's
2020 Vision Statement:
"Pearland's local government sets a national standard in
providing open, inclusive, and equitable government grounded
in consensus planning. This government is proactive in
ensuring that Pearland's citizens enjoy an attractive, safe, and
wholesome environment where the quality of life is second to
none."
With this in mind, please consider your obligations as our government
leaders to be open to the following areas of concern.
Safety
The picture in Exhibit 2, which you can find in the copy of these notes
presented to you, shows some of the 70 children in the Audubon Place
neighborhood in close proximity to our front entrance. We love our
neighborhood because our kids can run, bike and play freely. It doesn't
seem so free 'when you consider that the very spot on which they stand will
10 of 16
be the edge of a 4 -lane highway. Visualize the traffic on FM518 at rush
hour zipping by these kids, as they get off the bus, or ride 200 yards on their
bikes down to Ryan Acres to play with friends, or sit perched in their car
seats waiting for mom or dad to turn past traffic into the subdivision. I
assure you that visualization is exactly why we chose to live where we do.
Finally, consider that a major push for the Bailey Road project in the first
place was the cry for help by the PISD bus drivers as they made their way
down Bailey Road, between the 7 foot deep ditches, transporting our kids to
school. I know that Councilman Owens cares greatly about this safety
hazard, and it seems a shame that the abandoned Bailey Road project would
have alleviated this major risk on a school road.
Noise
Take some time to stand at West Oaks Blvd. & West Oaks Circle North (in
West Oaks) and listen to rush hour traffic from FM 518. This location is
more than a hundred feet from the roadside, and there are brick & wood
fences that suppress some of the noise. While we didn't have a decibel
meter to measure the noise intensity, let me assure you that even the most
reasonable person would be distracted. Now imagine that same traffic noise
level less than 30 feet from to your children's back yard. Or from your front
screen door, which happens to be open on a cool October night. Should our
front and back yards in the sleepy neighborhoods near Magnolia be polluted
with road noise?
11 of 16
Per TXDOT's "Guideline for Analysis and Abatement of Highway Noise"
studies should be completed "as early as possible in the project development
process" so that "serious consideration" can be given to traffic noise issues.
The testing, and the documentation of such, is intended to do two things
(paraphrased from the Guidelines):
1 — Inform the public of the fundamental issues and potential impact, and
2 — Provide local government official with information so that they can '
make an informed decision on the development of land use plans.
I assume that Pearland intends to construct a main roadway using TxDOT
standards. These guidelines seem logical, and respectful of our citizens.
Have any studies been done on the expected noise pollution that will be
forced on our quiet communities? Let me remind you that the Magnolia
corridor is a quiet, residential area, quite different than the space near FM
518, and even different than the areas in the Bailey Road corridor.
Crime
Should we expect that with the hundred -fold increase in traffic near our
neighborhood, that there will be no increase in the opportunity for criminal
activity? Since this is a throughway, we know strangers will be passing by.
They will have easier access to our homes, and a quicker means of getaway.
How will the city manage this risk that we were trying to avoid when we
moved to Magnolia?
12 of 16
Privacy & Declining Property Value
Yes, that's right, a four -lane highway will be less than 30 feet from the front
and back yards of many Magnolia area residents. If developers and builders
knew such as large road was going to be constructed, would they have put
these homes so close to it?
So many residential neighborhoods will be affected by an expansion of
Magnolia - Pearland Farms, Cobblestone, Barclay's Landing, Audubon
Place, West Oaks and Silverlake, to name a few. How will the property
value of these homes be affected by the loss of privacy and the noise level?
I ask you to step back and reflect on these issues and questions. Will the city
leadership abandon the integrity and promise of our Pearland
neighborhoods, old and new?
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5. Strategic Implications
My name is Molly Burkett. My husband, Winn, our three children and
at 3413 Lmdhaven Drive. I leve
J-
I would like to raise some points and questions about the strategic and long-
term
implications of the pending decision to move the BaileyRoad
to the Magnolia/Southfork corridor. project
It is clear that traffic congestion on FM518 needs to be alleviated. The
City's long term plans properly suggest that we need more and better
throughways to handle our growing population. If these plans are
improperly designed, however, we run the risk developing short-term and
sub -optimal fixes to the problem, and going back to the public for additional
funds long before we should. I am not professing to have the answers to the
many challenges of this complex design problem, but I am concerned about
hasty decision-making — as represented by the quick -switch of thisro'ec
Magnolia — where careful analysis and prudent decisions are p t to
needed.
Here are some strategic questions we would like to see addressed b the city
and the engineers prior to the final decision on this project: y
1. Once the North-South thoroughfares are opened, will an additional
East-West road be needed? It would seem that Beltway 8 could
handle a significant load of the East-West commuter traffic, thus
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14 of 16
relieving FM518. How can be sure since construction on the North-
South corridors has been so slow?
2. Does Pearland city management anticipate growth to the North? Is
the McHard Road corridor a better alternative for an East-West
corridor?
3. Does Pearland city management anticipate growth to the South? Does
Magnolia road provide better access to the Pearland Parkway than
does Bailey Road? Could an East-West expansion of Dixie Farm
Road to CRI 00 provide even better access for more residents and
businesses, with a greater opportunity for expansion?
4. Will travelers really migrate 1 mile in each direction to avoid traffic
congestion, or should we be designing roads to serve different sources
of traffic?
5. Will the city's goal for economic development be met without access
to the industrial corridor where Bailey was designed to connect to
Highway 35? What is the value of future tax dollars foregone if
economic development is stunted by this lack of access?
6. If commercial transport is driven to the new Magnolia expansion by a
lack of access to 288 to the South, will we subject our neighborhoods
to the risks of hazardous cargo? What are the consequences of even
one hazardous spill in a residential area?
7. How many trees will have to be cut down to construct the Magnolia
roadway vs. the existing Bailey roadway? How many homes will
have to be destroyed? Are there any environmental hazards or risks
along the planned thoroughfare?
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8• What traffic controls are planned for use on an expanded Magnolia
Road? Will there be so many controls (to alleviate the valid concerns
of residents) that it will be a less desirable route than FMS 18?
Without answering these questions, or addressing the many concerns stat
by previous speakers, the city leadership risks sendinged
a me
reckless disregard to our citizens. Please review all omessage fiill of
f these issues in a
manner that passes not only the close scrutiny of the many interestedp arties
here tonight, but also satisfies this vision of our community's future:
"The citizens of Pearland recognize that their future will
always lie with themselves. They know that the present is
built upon the
past. Recognizing that the culture of the
community is grounded in the traditional values of being good
neighbors and good citizens, they are committed to preserving
those values in the face of a changing world."
This vision, obviously, is another excerpt from Pearland's 2020 Vision
statement. I challenge you — our leadership — to find a way to preserve the
integrity of our Pearland neighborhood values, while still meeting the needs
of our changing community. I ask you to meet that challenge tonight b
tabling a decision vote on this thoroughfare project until we a g y
re all better
informed, and prepared to defend our positions. Thank you for your time
and consideration.
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Attachments
Exhibit 1 Audubon Place Images from
Tropical Storm Allison
Exhibit 2 Audubon Place Entrance
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Exhibit 1 Audubon Place -- June 2001— Tropical Storm Allison Aftermath
- - • • -- _ "= na1uG Lave tiv ote debris line and proximity to trees)
-- -- --- ���� 141 KNIUe drive to entrance (Note debris line)
Exhibit 1 Page 1 of 6
Exhibit 1 Audubon Place - June 2001— Tropical Storm Allison Aftermath
Lindhaven Drive, section one
Lindhaven Drive, section two
Exhibit 1 Page 3 of 6
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Exhibit 2 Audubon Place Entrance
_ .L,uuuuv,, rmce Entrance —The asphalt is where the proposed four
lane road will be
�,��uuuli r lave Entrance —The asphalt is where the proposed four
lane road will be
Exhibit 2 Page 1 of 1