2003-09-08 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON SEPTEMBER 8, 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
City Secretary
Tom Reid
Richard Tetens
Woody Owens
Larry Marcott
Klaus Seeger
Bill Eisen
Darrin Coker
Young Lorfing
Absent: Councilmember Charles Viktorin.
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; Fire Marshal Steve Chapman; Purchasing Officer Gordon Island;
Project Director Joe Wertz; Assistant Police Chief Johnny Spires.
The invocation was given by Mayor Pro -Tem Tetens and the Pledge of Allegiance was
led by Mathew Fraley, Scout Troop No. 442.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported on August 26 he attended the Texas Department of Transportation
City Monument Committee Meeting and the Adult Reading Center Committee Meeting;
August 28 he attended a Meeting with Commissioner EI Franco Lee and a Luncheon
Meeting with Ft. Bend County Commissioners; August 29 he attended a Ribbon Cutting
Ceremony for Texas Metals Corporation; September 2 he attended an Agenda Meeting
and the AARP Monthly Meeting; September 3 he met with Ann Travin and City Manager
Bill Eisen and attended a funeral for Harold Sandars — former Civil Defense Coordinator
and former EMS Member; September 4 he attended the Southeast Shrine Club Monthly
Meeting; September 5 he attended a Chamber Before Business Breakfast; September 8
he met with Gary Cook and Brazoria County Commissioners.
Mayor Reid presented a proclamation to Dr. Chris Pulido for the 9th .Annual Kids Day
American event and proclaimed September 20, 2003 as "Kids Day
American/International."
Page 1 of 18 — 9/8/2003
Dr. Chris Pulido stated he appreciated the proclamation and gave a brief explanation of
the event being held on September 20, 2003.
COUNCIL ACTIVITY REPORTS
Council passed on giving their reports.
CITY MANAGER'S REPORT
City Manager, Bill Eisen, stated the Annual Meet the City event would be held on
October 11, 2003.
CITIZENS
Dale Pillow, 2302 Meadow Green Drive, addressed Council and stated she is the
Executive Director of the Adult Reading Center. She invited everyone to attend the
Muddie Waters Fund Raising Event. On September 20, 2003, Muddie Waters will be
celebrating its second anniversary. She stated the Mayor and Councilmembers Owens
and Marcott would be working the coffee machines during that event. Ms. Pillow stated
some of the proceeds from the event would be going to the Adult Reading Center and
gave additional information about the volunteers at the Adult Reading Center.
Kimberly Rathbun, 5522 Cottonwood, addressed Council and stated she is representing
her mother who resides at 5522 Cottonwood. She stated the water is really bad in the
Wagon Wheel Subdivision. There has always been a problem over the past 25 years
with the water, including muddy water, low water pressure, and sometimes no water at
all. She gave a sample of the water to Council and stated when water pressure is
restored, the water is so bad that it is even difficult to wash dishes and clothes. Ms.
Rathbun presented the City Secretary a petition that has over 141 names of residents in
the Wagon Wheel Subdivision.
Dan McMaster, 2614 Thelma Drive, addressed Council and expressed his concern
regarding the new budget and funding for drainage. He is 100% for the additional
funding in'the budget for the drainage issues in Pearland.
Spud Miller, 5610 Cottonwood, addressed Council and stated he thinks he is the only
one in that area with a filter for his water. He stated he removed his water filter after 20
days of service and gave Council the opportunity to look at the filters. Mr. Miller stated
he has lived there for fourteen years, and he supports the petition.
Deonna Clark, 3315 Lawson, addressed Council and stated she would like to present
Council with a petition signed by 397 people who live on or near the proposed Magnolia
Southfork Expansion. This brings the total signature count to 1610 citizens in Silverlake
that oppose the road.
Page 2 of 18 — 9/8/2003
Molly Burkett, 3413 Lindhaven Drive, addressed Council and stated she became
involved in the Magnolia and Bailey issue in July. She discussed an agenda regarding
issues and ideas of the citizens who oppose the proposed road expansion. Ms. Burkett
stated she is a 1St grade teacher and after seventeen days of school, parents are
concerned about Bailey Road and the unsafe position the school buses have been
placed in. She stated this is an issue Council has a tremendous responsibility in fixing.
Derek J. Rodriguez, 3510 Creekstone Drive, addressed Council and stated the
residents of Silverlake are concerned about the property values, encroachments, and
safety and security of their families, if a thoroughfare is established on Southfork and
Magnolia. He asked Council to review the other options. Mr. Rodriguez gave a brief.
statement regarding the Bailey area verses the Southfork Magnolia area. His family at
one time lived in Bellaire, two blocks away from Bissonet and one block from the West
Loop. One of the reasons they moved to Pearland was because of the birth of their son
nineteen months ago. The safety and security concerns were not a problem in
Silverlake, and his family thought they would not become a future concern. He stated
he is a former Texas Highway Patrolman and has seen first hand the affects of cyclists'
accidents. He gave a description of an accident he witnessed in the Woodlands area.
In closing, Mr. Rodriguez asked Council to stick to the Master Plan.
Michael Klaus, 5016 Groveton, addressed Council and stated he has spent a lot of time
lately on FM518. He discovered the need for another East to West thoroughfare is
great. He stated Council should take the money from Barry Rose and Yost Road
Projects for the construction of an East to West thoroughfare.
Alan Eddy, 2824 Piper Road, addressed Council and stated his appreciation for the
closing of the Manvel Bypass. He stated on his street the 30 -inch drain that was
located across Fite Road is no longer there, the water has backed up in his yard, and
flooding is a concern. He further stated his concerns regarding the speeding cement
trucks going down Fite Road during school traffic.
Dan Beito, 5710 Cottonwood, addressed Council and stated his concerns regarding the
water in the Wagon Wheel Subdivision. Over the past fourteen years the water has
worsened. He stated a lot of people in the neighborhood are having medical problems,
and they believe it is linked to the water.
City Manager, Bill Eisen, stated the area is being investigated and cost estimates would
be reviewed by City Council in the future.
Mayor Reid gave additional comments about the water in Wagon Wheel and stated in
the near future the City may ask for representatives in the Wagon Wheel Subdivision to
come in and discuss the water issues for that area.
Page 3 of 18 — 9/8/2003
DOCKETED PUBLIC HEARING: None
Mayor Reid called a recess at 8:05 p.m.
Mayor Reid called the meeting back to order at 8:10 p.m.
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES:
1. Minutes of the August 25, 2003, Public Hearing held at 7:15 p.m.
2. Minutes of the August 25, 2003, Regular Council Meeting held at 7:30
p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-670 — 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 0.619
ACRES OF LAND, BEING TRACT NO. 3 IN THE SANDOVAL SUBDIVISION
LOCATED IN THE WEST ONE-HALF OF THE NORTHWEST ONE QUARTER
OF THE NORTHEAST ONE QUARTER OF SECTION 15, H.T. & B.R.R.
COMPANY SURVEY, ABSTRACT 241, BRAZORIA COUNTY, TEXAS
(MORENCI STREET) (APPLICATION NO. 1117) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-1) AT THE REQUEST OF JOSE E. QUINTONILLA, 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. 1126 — AN APPROPRIATION ORDINANCE
ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
2003, AND ENDING SEPTEMBER 30, 2004. Mr. Bill Eisen, City Manager.
D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1127 — AN ORDINANCE LEVYING TAXES
FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE
CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE .INTEREST AND
SINKING FUND OF THE TAXABLE YEAR 2003, AND APPORTIONING EACH
LEVY FOR THE SPECIFIC PURPOSE. Mr. Bill Eisen, City Manager.
Page 4 of 18 — 9/8/2003
E. CONSIDERATION AND POSSIBLE ACTION — ANNUAL CERTIFICATION OF
COMPLIANCE REGARDING IMPACT FEES. Mr. Alan Mueller, Deputy City
Manager.
F. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING
OF ORDINANCE NO. 669-3 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 26, STREETS AND
SIDEWALKS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT
MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION
26-3, ENTITLED OBSTRUCTION, ETC., OF DRAINAGE; HAVING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVID-
ING FOR CODIFICATION AND AN EFFECTIVE DATE, AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO REGULATE HEALTH AND
SANITATION INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE,
BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY. Mr. Darrin Coker, City Attorney.
Councilmember Marcott asked that Consent Agenda Item F be removed from the
Consent Agenda for further discussion.
City Attorney, Darrin Coker, recommended that Consent Agenda item E be removed
from the Consent Agenda for presentation as a Resolution during the September 29,
2003 Regular Council Meeting, per Staff's review.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to
adopt Consent Agenda Items A through F with the exception of items E and F, as
presented on the Consent Agenda.
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Viktorin absent.
MATTERS REMOVED FROM CONSENT AGENDA
E. CONSIDERATION AND POSSIBLE ACTION — ANNUAL CERTIFICATION OF
COMPLIANCE REGARDING IMPACT FEES. Mr. Alan Mueller, Deputy City
Manager.
Passed with no Council action.
F. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING
OF ORDINANCE NO. 669-3 - AN ORDINANCE OF THE CITY COUNCIL OF
Page 5 of 18 - 9/8/2003
THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 26, STREETS AND
SIDEWALKS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT
MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION
26-3, ENTITLED OBSTRUCTION, ETC., OF DRAINAGE; HAVING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVID-
ING FOR CODIFICATION AND AN EFFECTIVE DATE, AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO REGULATE HEALTH AND
SANITATION INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE,
BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY. Mr. Darrin Coker, City Attorney.
Councilmember Owens made the motion, seconded by Councilmember Marcott, to
adopt Consent Agenda Item F, as presented on the Consent Agenda.
City Manager, Bill Eisen, stated the current City Code of Ordinances specifies a
drainage easement cannot be blocked, and -this item is to clarify the wording.
Councilmember Marcott stated the citizens need to be aware of the information
regarding the Ordinance. He read that it is unlawful for any person to obstruct, close
up, or fill any street gutter or public drainage way of any kind, including, without
limitations, drainage easements on public and private property. He wanted to ensure the
information has been read on record and the public is aware of the Ordinance changes.
Voting "Aye" Councilmembers Owens, Tetens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Viktorin absent.
NEW BUSINESS
FIRST READING OF ORDINANCE NO. 509-673 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY LOCATION BEING 8.84 ACRES, TRACT NO. 17 OF
THE H.T.& B.R.R. COMPANY SURVEY, ABSTRACT 309, BRAZORIA COUNTY,
TEXAS (SOUTH SIDE OF FM 518, AND WEST OF CULLEN BOULEVARD)
(APPLICATION NO. 1120) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF CHENG-
HUEY SU, TRUSTEE, PROVIDING FOR AN AMENDMENT OF THE LAND USE
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Mr. Tobin Maples, Executive Director of Community Services.
Page 6 of 18 — 9/8/2003
Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Seeger, to
approve Ordinance No. 509-673 (Application No. 1120) on its first reading, as amended
to classification General Business District.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Application No. 1120 as classification General
Business District.
City Manager, Bill Eisen, stated the original request made by the applicant was for the
classification Commercial and during the course of the discussion of the public hearing
it was expressed that the applicant would be changing it to request a classification of
General Business. He stated Planning and Zoning has recommended to Council for the
approval of the General Business District classification.
City Attorney, Darrin Coker, stated Council could consider the change to General
Business District classification and the Ordinance change could be made before the
second and final reading.
Voting "Aye" Councilmembers Owens, Tetens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Viktorin absent.
FIRST READING OF ORDINANCE NO. 509-674 - 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 477.63 ACRES, SITUATED IN
THE H.T. & B.R.R. COMPANY SURVEY, SECTION 80, ABSTRACT 564, AND THE
H.T. & B.R.R. COMPANY SURVEY, SECTION 84, ABSTRACT 538; AND LOTS 1
THROUGH 8, 11 THROUGH 18, 20 THROUGH 26, 28 THROUGH 31, THE WEST 1/2
OF LOT 33, 34, 37, 38, 44, 45, 52 THROUGH 55; AND LOT 56 OF THE ALLISON
RICHEY GULF COAST HOME COMPANY SUBDIVISION, BRAZORIA COUNTY,
TEXAS (GENERALLY LOCATED BETWEEN COUNTY ROAD 92 AND COUNTY
ROAD 59, AND ON THE EAST AND WEST SIDES OF COUNTY ROAD 48)
(APPLICATION NO. 1122) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD), ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (R -E), AND
SINGLE FAMILY DWELLING DISTRICTS (R-1 AND R-2) TO PLANNED UNIT
DEVELOPMENT (PUD) AT THE REQUEST OF JAMES JOHNSON, AGENT LESLIE A.
SCIONEAUX; ONE TWENTY-NINE, LTD.; JOHN B. AND MEREDITH BRIGGS;
AUDREY C. MCLOSKEY AND ROBERT E. MITCHELL, JR., TRUSTEE;
RHC/EDGEWATER, LTD.; F. CARRINGTON WEEMS II, F. CARRINGTON WEEMS III,
Page 7 of 18 — 9/8/2003
AND ALEXANDRA L. WEEMS; HEART -EYE LAND COMPANY; AND MAURA A.
HARDCASTLE AND MARION A. WATSON, OWNERS, PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of
Community Services.
Councilmember Marcott made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 509-674 (Application No. 1122) 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. 1122.
City Manager, Bill Eisen, stated certain issues were presented by Staff during the Public
Hearing. One particular concern was the thoroughfare alignment. He stated the
applicants did agree to make the modifications as discussed with Staff.
James Johnson, 900 Apollo Lane, Houston, TX, addressed Council and stated changes
have been made to the Planned Unit Development. Mr. Johnson gave a brief
presentation of the amended Planned Unit Development. He stated the proposal
includes railroad crossings for the roads and a trailway system. This would be an
amenity and safety feature for the families in the area. He stated design was a concern
regarding flooding issues, and a typical design has been submitted to Council. Mr.
Johnson gave a brief description of the rail crossing. He also informed Council that the
changes to the measurements of the sidewalks have been changed, however, the
Planned Unit Development drawings have not been revised. He stated the changes will
be made before the second and final reading. He further stated the density was also
reduced during the changes.
Mayor Reid stated all the comments that were made have been incorporated into the
development plan by the applicants.
Councilmember Seeger stated on the agenda form it gives the old density. He asked if
the changes would be made in the official document for the second and final reading.
Councilmember Marcott asked for which lots that were removed.
James Johnson stated overall at this time, they are not sure which lots are being
removed; the plan is currently a conceptual plan.
City Attorney, Darrin Coker, stated just for clarification, the density on the Staff's agenda
form will not be part of the final Ordinance. He stated the actual Planned Unit
Development document would be an exhibit to the final Ordinance.
Page 8 of 18 — 9/8/2003
Mayor Pro -Tem Tetens stated before the second and final reading he would like to see
the break down of classifications for the Planned Unit Development.
A brief discussion ensued among Council, Staff, and Mr. Johnson regarding the
Planned Unit Development document, the acreage, and the amount of R-3 lots planned
for the development.
Additional discussion ensued among Council regarding drainage and detention ponds in
the Planned Unit Development.
Councilmember Marcott asked if a road connection to the school is located on the
Thoroughfare Plan.
Deputy City Manager, Alan Mueller, stated there is a road to the South of FM 518 and
when future developers come in, they would be required to conform to the same road
connection plan as well.
A brief discussion ensued among Council and Staff regarding the street and future
development.
Voting "Aye" Councilmember Owens, Tetens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Viktorin absent.
FIRST READING OF ORDINANCE NO. 509-675 — 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 2.96 ACRES, OUT OF TRACT
NO. 32 OF THE ALLISON RICHEY GULF COAST COMPANY SUBDIVISION,
SECTION 20, F.B. DRAKE SURVEY, ABSTRACT 506, BRAZORIA COUNTY, TEXAS
(1833 HILLHOUSE ROAD) (APPLICATION NO. 1119) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY
DWELLING DISTRICT (R -E) AT THE REQUEST OF PAUL RIDGWAY, 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 Owens, to
approve Ordinance No. 509-675 (Application No. 1119) on its first reading.
Page 9 of 18 — 9/8/2003
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Application No. 1119.
City Manager, Bill Eisen, stated there is an existing residential use for this property, and
the requested zoning is to bring the current residential use into conformance with the
Zoning Ordinance.
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Viktorin absent.
COUNCIL ACTION - RESOLUTION NO. R2003-127 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK
AUTHORIZATION #3 SUPPLEMENT #7 FOR MATERIALS TESTING SERVICES
ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM
(WEST MARY'S CREEK DETENTION PROJECT). Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to
approve Resolution No. R2003-127.
City Manager, Bill Eisen, stated that West Mary's Creek Detention Pond has been
undergoing some analysis for some time. The primary concern was regarding high salt
contents in the area, and those issues have been resolved. The proposed item would
enable the Staff to choose the engineering in order to get the project ready for
construction. Mr. Eisen further stated the total cost is $288,324.
City Attorney, Darrin Coker, stated the materials testing is actually part of the
engineering design services.
Councilmember Marcott asked about the 25 year detention pond analysis.
Jim Keller, Turner, Collie and Braden, stated that would be an analysis of what level of
effectiveness the detention pond may have with a level of a 25 year storm in Mary's
Creek. He stated the original Hydraulics & Hydrology Study looked at a 5, 10, and 100
year storm. Mr. Keller stated a 25 year storm would be a significant event to focus on
for studying the impact on Mary's Creek.
Discusssion ensued among Council, Staff, and Mr. Keller regarding a pump station and
the flow line elevation.
Deputy City Manager, Alan Mueller, stated Mr. Keller mentioned how West Mary's
Creek would work with SWEC; through the process, modifications will have to be made
Page 10 of 18 — 9/8/2003
to the SWEC equipment.
Councilmember Marcott asked about the number of days for the construction phase of
the project.
Jim Keller stated the construction phase projection would be 330 days and would take
place after the 150 days of the engineering phase.
Voting "Aye Councilmembers Owens, Tetens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Viktorin absent.
COUNCIL ACTION — RESOLUTION NO. R2003-126 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A PAYMENT IN LIEU OF TAXES
AGREEMENT WITH THE CROSSING AT 288 SHOPPING CENTER, LTD.
Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2003-126.
City Manager, Bill Eisen, stated this item relates to a five -acre tract near the Northeast
corner of Hwy 288 and FM 518. The owner of the property acquired it from the Texas
Department of Transportation within the last year. Mr. Eisen stated the property owner
also owns land North and immediately to the East of this tract and is located in
Municipal Utility District No. 6. The current tract in discussion is located in the City
Limits. The developer is seeking to have all the property served for water and sewer
purposes by the same provider. The requestor is asking that the current land in the City
be annexed into Municipal Utility District No. 6 in order to process the water and sewer
for both properties together. An agreement has been established with the property
owner to provide payments in lieu of taxes during the first two years the property is
outside the City Limits.
Mayor Reid asked if at the end of a certain period would the property be considered for
annexation.
City Manager, Bill Eisen, stated when Municipal Utility District No. 6 is up for
annexation, the property would be included.
A brief discussion ensued among Council and Staff regarding another property South of
Hwy 288; the owner is requesting the same permission to become part of a Municipal
Utility District, due to water and sewer.
Page 11 of 18 — 9/8/2003
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Viktorin absent.
COUNCIL ACTION — RESOLUTION NO. R2003-123 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING COLLECTION FEE
IN THE AMOUNT OF 30% OF DEBTS AND ACCOUNTS RECEIVABLE SUCH AS
UNPAID FINES, FEES, COURT COSTS, FORFEITED BONDS, AND RESTITUTION
ORDERED PAID BY A MUNICIPAL COURT SERVING THE CITY. Mr. Darrin Coker,
City Attorney.
Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Tetens, to
approve Resolution No. R2003-123.
City Manager, Bill Eisen, stated 6 to 8 months ago Council approved an agreement for
collecting delinquent fines for Municipal Courts. He stated the Attorney General allows
the City to charge additional fees for collecting purposes on any matter of any court
case held. This Resolution would allow the City to collect those additional fees.
Voting "Aye" Councilmembers Owens, Tetens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Viktorin absent.
COUNCIL ACTION — RESOLUTION NO. R2003-128 - 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 GRAND VALLEY HOMES, INC. AND SOUTHWOOD ESTATES, INC., FOR
CERTAIN PROPERTY LOCATED NORTH OF STATE HIGHWAY 6, WEST OF CR 48
AND SOUTH OF CR 58. Mr. Darrin Coker, City Attorney.
Councilmember Seeger made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2003-128.
City Manager, Bill Eisen, stated this item is regarding a previous workshop discussing
Cold River Ranch development. A developer outside of the City Limits was seeking to
obtain water services from a private water company in the area.
City Attorney, Darrin Coker, stated most of the issues were discussed in a recent
workshop. He stated these issues are incorporated into the agreement and the
Page 12 of 18 — 9/8/2003
developer has agreed to the terms. He gave some information on the density of the
property lots.
Mark Disdar, Cold River Ranch Developer ; Mission, Texas, addressed Council and
stated during a previous workshop most of the issues were straightened out except for
the density issue. He gave a brief description of the property. He stated he is willing to
work with Council to do 70 acres at the density requested by Council, but not on the
property he owns at this time. He stated he is currently in negotiation regarding another
property in the area. The current 70 acres that he currently owns could be done in a 3.6
density; he would like to determine the location of that density.
Discussion ensued among Council, Staff, and Mr. Disdar, regarding the project,
property and the density specifications for the current 170 acres.
Councilmember Owens called the question.
Voting "Aye" Councilmembers Owens, Tetens, and Seeger.
Voting "No" Councilmember Marcott.
Motion Passed 3 to 1, with Councilmember Viktorin absent.
FIRST READING OF ORDINANCE NO. 1128 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, FINDING THAT THE CITY HAS
ESTABLISHED GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT
PURSUANT TO RESOLUTION NO. R2003-121; DESIGNATING AND DESCRIBING A
REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT ZONE #10), IN
ACCORDANCE WITH THE. PROPERTY REDEVELOPMENT AND TAX ABATEMENT
ACT; FINDING THAT THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND
PRACTICAL AND WOULD BE A BENEFIT TO THE LAND TO BE INCLUDED IN THE
ZONE AND THE MUNICIPALITY AFTER THE EXPIRATION OF THE TAX
ABATEMENT AGREEMENT; AUTHORIZING THE CITY MANAGER TO SIGN TAX
ABATEMENT AGREEMENTS WHEN APPROVED BY THE CITY COUNCIL; HAVING
A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING FOR
CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to
approve Ordinance No. 1128 on its first reading.
City Manager, Bill Eisen, stated this Ordinance is regarding the previous Public Hearing.
The Public Hearing process discussed the Reinvestment Zone for -a tax abatement
consideration for South Texas Properties. He stated this only creates the zone and
does not discuss terms of the agreement. He stated the terms of the agreement would
be discussed and determined by Council on a future date.
Page 13 of 18 — 9/8/2003
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Viktorin absent.
COUNCIL ACTION — RESOLUTION NO. R2003-124 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH INTERMEDIX,
INC., FOR E.M.S. BILLING SERVICES. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2003-124.
City Manager, Bill Eisen, stated this item is regarding a previous held workshop
discussing the outsourcing of ambulance billing services. He stated the agreement
allows the City to discontinue the contract if at anytime in the future the services are not
satisfactory.
Dr. Mattern addressed Council and stated the Company is three years old. Intermedix
Company was incorporated approximately one year ago, and gave a brief overview of
the Company.
Councilmember Marcott stated he would like to see additional references that have
utilized the Company for over a year, if possible.
City Manager, Bill Eisen, stated there is some concern any time when using a new
Company. He stated all of the indications towards this Company have been good, and
if there are any problems within the initial 120 days the contract can be canceled.
Dr. Mattern stated they have never had anyone leave the Company or use the 120 -day
option to cancel a contract. He stated there has been very positive feedback from other
Companies with current contracts.
Mayor Reid stated the references gave the Company good comments.
A brief discussion ensued among Council, Staff, and Dr. Mattern regarding clients that
are in the same category as the City and Intermedix collection process.
Voting "Aye" Councilmembers Owens, Tetens, Marcott, and Seeger.
Voting "No" None.
Page 14 of 18 — 9/8/2003
Motion Passed 4 to 0, with Councilmember Viktorin absent.
COUNCIL ACTION — RESOLUTION NO. R2003-125 - 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 TRACTOR/BOOM MOWER. Mr. Bill Eisen, City Manager.
Councilmember Marcott made the motion, seconded by Councilmember Seeger, to
approve Resolution No. R2003-125.
City Manager, Bill Eisen, stated this item is for the Parks Department and is included in
part of this year's budget requesting a tractor/boom mower.
Councilmember Marcott asked for the reach specifications of the boom.
Parks and Recreation Director, Tom Grieve, stated the reach is 21 feet.
Purchasing Officer, Gordon Island, stated the City should be receiving the tractor in
approximately 45 days. He stated the reason for the extended timeframe is because
the tractor is manufactured in Germany.
A brief discussion ensued among Council and Staff regarding the tractor/boom mower.
Voting "Aye" Councilmembers Owens, Tetens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Viktorin absent.
COUNCIL ACTION - REGARDING SIGNAGE ON SH 288 AND BUILDING SIDING
MATERIALS. City Council.
No action taken; will be discussed at a future workshop.
COUNCIL ACTION — REMOVE FROM THE TABLE RESOLUTION NO. R2003-109.
City Council.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to
remove Resolution No. R2003-109 from the table.
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, and Owens.
Voting "No" None.
Page 15 of 18 — 9/8/2003
Motion Passed 4 to 0, with Councilmember Viktorin absent.
COUNCIL ACTION — RESOLUTION NO. R2003-109 - A RESOLUTION OF THE CITY --
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AN AMENDED
DEVELOPMENT AGREEMENT WITH BEAZER HOMES TEXAS, L.P. FOR THE
ALLOCATION OF COSTS ASSOCIATED WITH THE EXTENSION OF PEARLAND
PARKWAY. Mr. Alan Mueller, Deputy City Manager.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to
approve Resolution No. R2003-109.
City Manager, Bill Eisen, stated a few months ago Beazer Homes appeared before
Council and expressed some concerns about the equity of the property along the
Pearland Parkway Extension. He stated during a workshop, Council instructed Staff to
look at possible alternatives to reimburse Mr. Olson for half of the construction costs
incurred for construction associated with Pearland Parkway.
Mayor Reid stated Mr. Olson has worked very diligently with the City on the Pearland
Parkway project.
Mr. Olson addressed Council and stated he appreciates the cooperation of the City with
working on the Pearland Parkway Extension. He stated Beazer Homes is not
requesting reimbursement for any portions specifically for the beautification of Pearland
Parkway along their area. All of this has been given to the City. He gave Council a
brief description of the monuments and landscaping that is being added to the area with
no reimbursement request.
Mayor Pro -Tem Tetens stated the City required two lanes to go through that portion of
the property for the Pearland Parkway Extension; however, the property owner agreed
to all four lanes. He stated Mr. Olson has always been fair with the City and has done
what he stated he would do. He stated it is only fair for the City to reimburse him for the
new lanes he did not have to build.
Councilmember Marcott stated he cannot vote for it, but he does appreciate Mr. Olson's
actions.
Councilmember Seeger stated the issue is to be competitive with the developers along
Pearland Parkway. He stated there should be an Ordinance in place for the other
developers to construct property around Pearland Parkway in the same way as Mr.
Olsen has done.
Voting "Aye" Councilmembers Owens, Tetens, and Seeger.
Page 16 of 18 — 9/8/2003
Voting "No" Marcott.
Motion Passed 3 to 1, with Councilmember Viktorin absent.
COUNCIL ACTION - RESOLUTION NO. R2003-129 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING ONE (1)
REPRESENTATIVE AND ONE (1) ALTERNATE TO THE HOUSTON-GALVESTON
AREA COUNCIL 2004 GENERAL ASSEMBLY AND BOARD OF DIRECTORS.
Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2003-129.
Mayor Pro -Tem Tetens recommended Mayor Tom Reid for the Representative to the
Houston -Galveston Area Council 2004 General Assembly and Board of Directors.
Councilmember Marcott recommended Mayor Pro -Tem Richard Tetens for the Alternate
Representative to the Houston -Galveston Area Council 2004 General Assembly and
Board of Directors.
Councilmember Owens gave brief comments regarding funding within Houston -
Galveston Area Council from Texas Department of Transportation in the form of a block
grant.
Mayor Reid gave brief comments regarding the Board of the Houston -Galveston Area
Council.
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Viktorin absent.
OTHER BUSINESS:
ADJOURNMENT
Meeting was adjourned at 10:21 p.m.
Page 17 of 18 — 9/8/2003
Minutes approved as submitted and/or corrected this 29th day of September , A.D.,
2003.
Tom Reid
Mayor
ATTEST:
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