2003-12-15 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON DECEMBER 15, 2003, AT 7:00 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
Mayor Pro -Tem
Richard Tetens
Councilmember
Woody Owens
Councilmember
Charles Viktorin
Councilmember
Larry Marcott '
Councilmember
Klaus Seeger
City Manager .
Bill Eisen
Others in attendance: Deputy City Manager Alan Mueller; Deputy City Attorney Nghiem
Doan; Deputy City Secretary LaKeisha Cannon -Scott; City Engineer Doug Kneupper;
Project Director Joe Wertz.
PURPOSE OF THE MEETING:
COUNCIL ACTION — SUBDIVISION ACCEPTANCE OF SHADOW CREEK RANCH SF -6.
Mr. Doug Kneupper, City Engineer,
Councilmember Viktorin made the motion, seconded by Councilmember Marcott, to accept
Subdivision Shadow Creek Ranch SF -6.
City Manager, Bill Eisen, stated this item is one of a continuing series of phases for the
Shadow Creek Ranch Subdivision. This subdivision consists of 56 lots; construction is
complete; and all the requirements of the City have been met.
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION —.RESOLUTION NO. R2003-195 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENEWING AN OPTION
AGREEMENT BETWEEN THE CITYAND THE GULF COAST WATER AUTHORITY FOR
THE PURCHASE OF WATER. Mr. Alan Mueller, Deputy City Manager.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to approve
Resolution No. R2003-195.
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City Manager, Bill Eisen, stated this item was covered in the earlier workshop and was
presented by Deputy City Manager, Alan Mueller.
Deputy City Manager, Alan Mueller, stated the City is to notify the Gulf Coast Water
Authority prior to January 1, 2004, in order.to move forward with the agreement. This
would meet the 90 days advance notice criteria.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-194 — A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE
FITE/FIGLAND/WAGON TRAIL/HATFIELD WATER AND SEWER PROJECT.
Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Marcott, to
approve Resolution No. R2003-194.
City Manager, Bill Eisen, stated this item is for a construction contract regarding the water
and sewer system improvements of the Fite/Figland/Wagontrail/Hatfield area.
Project Director, Joe Wertz, presented a map of the area and gave information regarding
sanitary lines for the area. He showed Council where the additional waterlines would be
constructed. He stated the construction is basically finishing a job that is in process.
Councilmember Marcott asked if the Hatfield waterline goes out to the creek.
Project Director, Joe Wertz, stated the line does or very near.
Councilmember Marcott stated this is important due to the Hatfield concerns regarding City
services.
City Manager, Bill Eisen, stated during the last Council Retreat, one of the goals mentioned
by Council was to begin aggressively serving areas that were annexed with water and
sewer. He stated this item is part of the response for that goal.
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin.
Voting "No" None.
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Motion Passed 5 to 0.
COUNCIL ACTION — EXCUSE ABSENCE OF COUNCILMEMBER CHARLES VIKTORIN
FROM THE REGULAR MEETINGS HELD ON DECEMBER 8, 2003. City Council.
Councilmember Marcott made the motion, seconded by Councilmember Seeger, to excuse
the absence of Councilmember Charles Viktorin from the Regular Meetings held on
December 8, 2003.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2003-193 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO ENTER INTO AN RIGHT-OF-WAY ACQUISITION CONTRACT
WITH CONTRACT LAND STAFF, INC., FOR ACQUISITION SERVICES ASSOCIATED
WITH THE BAILEY/OILER DRIVE EXTENSION FROM STATE HIGHWAY 35 TO
VETERANS DRIVE. Mr. Bill Eisen, City Manager.
Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Tetens, to approve
Resolution No. R2003-193.
City Manager, Bill Eisen, stated this item is essentially a follow-up to an action taken during
the last Council Meeting authorizing the surveying of Bailey Oiler between Veterans and
Hwy 35. At that time an authorization for acquiring the land was given by Council. The
land is sufficient enough to build a full lane and would allow access to a new water plant
site. This contract is for the land acquisition services and contract land staffing.
Councilmember Marcott asked if the City would handle this or would Turner, Collie and
Braden handle this item.
City Manager, Bill Eisen, answered Turner, Collie and Braden.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 1067-1 —AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE PRIMA FACIE
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SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF §
545.356, TEXAS TRANSPORTATION CODE, UPON THE BASIS OF AN ENGINEERING
AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS, OF
PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND,
AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY, AND DECLARING AN
EMERGENCY. Mr. Doug Kneupper, City Engineer.
Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Tetens, to
approve Ordinance No. 1067-1 on its first and only reading.
City Manager, Bill Eisen, stated the proposed speeds were a result of a traffic study done
in the area.
Councilmember Marcott asked if there is any impact on FM 1128.
Deputy City Manager, Alan Mueller, stated there is a speed zone for FM 1128 on a
separate Ordinance.
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 1141 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION
BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 26 OF APPROXIMATELY
69.312 ACRES OF LAND. Mr. Darrin Coker, City Attorney.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to approve
Ordinance No. 1141 on its first and only reading.
City Manager, Bill Eisen, stated this item would authorize the annexation of approximately
70 acres into Municipal Utility District No. 26. This District serves Shadow Creek Ranch.
The one reading is needed in order to accomplish the annexation prior to the end of the
calendar year.
Councilmember Marcott stated he is concerned about the first and only reading. He stated
the item needed to be presented to Council earlier.
City Manager, Bill Eisen, stated an issue of a lien holder held up the item. He stated the
Council is under no obligation to pass this item on a first and only reading. He stated there
would be some benefits to the residents of the district if passed prior to next year.
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Councilmember Marcott stated previous items have come before Council that needed to
have two readings. He stated he has not supported it in the past and will not support this
first and only reading.
Voting "Aye" Councilmembers Seeger, Tetens, Owens, and Viktorin.
Voting "No" Councilmember Marcott.
Motion Passed 4 to 1.
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session under Texas Government Code at 10:07 p.m. to
discuss the following:
1. SECTION 551.072 — CONSULTATION WITH ATTORNEY: REGARDING
THE ACQUISITION OF LAND ASSOCIATED WITH CITY FACILITIES.
Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 10:27 p.m.
COUNCIL ACTION - REGARDING THE ACQUISITION OF LAND ASSOCIATED WITH
CITY FACILITIES. City Council.
No Council action taken.
ADJOURNMENT
Meeting was adjourned at 10:38 p.m.
Minutes approved as submitted and/or corrected this the 12th day of January , A.D.
2003.
Tom Reid
ATTEST:
Mayor
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