2004-06-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON JUNE 28, 2004, 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 Pro -Tem
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
Charles Viktorin
Woody Owens
Larry Marcott
Kevin Cole
Bill Eisen
Darrin Coker
Absent: Mayor Tom Reid and Councilmember Richard Tetens.
Others in attendance: Deputy City Manager Alan Mueller, Police Chief, J.C. Doyle;
Assistant City Attorney Lawrence Provins; Deputy City Secretary LaKeisha Cannon -
Scott; City Engineer Doug Kneupper; Public Liaison Lynn Munford; Director of Human
Resources Mary Hickling; Public Works Jerry Burns; EMS Director Jeff Sundseth,
Purchasing Officer Gordon Island; Project Director Joe Wertz; Assistant Police Chief
Johnny Spires; Planning Manager of Community Development Lata Krishnarao; and
Planner 1 Theresa Grahmann.
The invocation was given by Councilmember Cole and the Pledge of Allegiance was led
by Police Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Pro -Tem Viktorin announced that Mayor Reid is currently in Chicago and
Councilmember Tetens is currently in New Mexico.
Mayor Reid submitted his Mayor's Activity report following the Council Meeting and
reported on June 15 he attended the HGAC Board of Directors Monthly Meeting and a
Joint Workshop with Pearland Independent School District Board of Trustees and
Council; June 16 he attended a Chamber Monthly Luncheon Meeting, a meeting with
Alan Mueller and Shadycrest Traffic Committee, and the Brazoria County Cities
Association Monthly Meeting; June 17 he attended Harris County Commissioner
Eversol's Appreciation Breakfast, a meeting with a Developer on planned project, the
Gulf Coast Water Authority Planning & Development Committee, and a meeting with
TML Board Members in Houston; June 19 he judged a Pine Hollow Annual Children's
Fourth of July Parade; June 21 he attended an Agenda Meeting, a Council Public
Hearing; and a Council Workshop; June 22 he attended the Gulf Coast Water Authority
Special Meeting; June 23 he attended a meeting with potential developers in the
Spectrum Park and an Economic Development Alliance (Old Seed) Monthly Board of
Page 1 of 16 — 6/28/2004
Directors Meeting; June 24 he attended a Chamber Ribbon Cutting Ceremony for Allied
Mortgage Company, a meeting with Steve Waldner of Sheltering Arms Senior Services,
and a Gulf Coast Water Authority Monthly Board of Directors Meeting; June 25 he
attended a Transportation Policy Council Board of Directors Meeting; June 26 — 30 he
attended the National. Association of Regional Councils of Government in Chicago as
past President of H.GAC and Texas Association of Regional Councils of Government.
COUNCIL ACTIVITY REPORTS
Mayor Pro -Tem Viktorin reported he attended a Joint Pearland Independent School
District Meeting on June 15, 2004.
Councilmember Tetens absent.
Councilmember Owens passed.
Councilmember Marcott reported he was inducted as the President of Brazoria County
Cities Association. This group meets once a month in order to discuss the cities within
Brazoria County.
Councilmember Cole reported he attended the Pine Hollow July 4th Parade. He stated
the City of Pearland will be observing July 4th this upcoming Sunday.
CITY MANAGER'S REPORT
City Manager, Bill Eisen, gave an update regarding two key City positions that will be
filled shortly. He is currently completing interviews for both the Parks & Recreation
Director and the Executive Director of Community Services. He hopes to have the
individuals selected by the end of the week and the positions finalized as well. He
stated a hurricane preparedness class will take place on June 29, 2004 at 7:00 p.m. by
the City's Emergency Management Department. Mr. Eisen further stated support from
the Congressional Delegation is requested for Clear Creek funding. Last year due to
the assistance of Congressman DeLay and his staff, Clear Creek was included in the
budget. Item L on the Consent Agenda tonight is requesting the support for restoration
of the funding for this project. He stated he received an email from Congressman
Delay's Office stating the House has passed the budget with the funding for Clear
Creek.
CITIZENS
Michael Klaus, 5016 Groveton, addressed Council and stated before school starts,
some changes are needed at the intersection of Fite Road and Piper. Next to the
Rodger's Middle School there are small stop signs. These stop signs need to be larger
in order to prevent accidents.
Page 2 of 16 — 6/28/2004
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION —APPROVAL OF MINUTES:
1. Minutes of the June 7, 2004, Public Hearing held at 7:00 p.m.
2. Minutes of the June 7, 2004, Special Meeting held at 7:00 p.m.
3. Minutes of the June 14, 2004, Regular Council Meeting held at 7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-722 — 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 2.70
ACRES OF LAND, AND 2.194 ACRES OF LAND, BEING A PART OF LOT 7 OF
THE ALLISON RICHEY GULF COAST HOME COMPANY'S SUBURBAN
GARDENS SUBDIVISION OF SECTION 21, H.T. & B.R.R. COMPANY
SURVEY, ABSTRACT 309, BRAZORIA COUNTY, TEXAS ACCORDING TO
THE PLAT AS RECORDED IN VOLUME 2, PAGES 23 AND 24, PLAT
RECORDS, BRAZORIA COUNTY, TEXAS, (GENERALLY LOCATED ON THE
SOUTH SIDE OF FM 518, AND EAST OF OWER LANE) (APPLICATION NO.
1173) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)
TO GENERAL BUSINESS (GB) AT THE REQUEST OF CHARLES KENNEDY,
JR., TRUSTEE FOR MAI NGUYEN 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. Ms. Lata Krishnarao, Planning
Manager.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-723 — 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 1.913
ACRES OUT OF THE W.D.0 HALL LEAGUE, ABSTRACT 70, BRAZORIA
COUNTY, TEXAS, AND BEING PART OF TRACT ONE OF THE PARTITION
OF THE YOST ESTATE, 120.44 ACRES AS RECORDED IN VOLUME 6, PAGE
142, PLAT RECORDS BRAZORIA COUNTY, TEXAS; AND 1.9355 ACRES OF
LAND OUT OF THE W.D.C. HALL LEAGUE, ABSTRACT 70, BRAZORIA
COUNTY, TEXAS, AND .BEING PART OF TRACT TWO OF THE PARTITION
Page 3 of 16 — 6/28/2004
OF THE YOST ESTATE, 120.44 ACRES AS RECORDED IN VOLUME 6, PAGE --,
142, PLAT RECORDS BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED
AT THE NORTHWEST CORNER OF FM 518 AND HAMM ROAD)
(APPLICATION NO. 1172) FROM CLASSIFICATION NEIGHBORHOOD
SERVICE DISTRICT (NS) TO PLANNED UNIT DEVELOPMENT (PUD) AT THE
REQUEST OF JIM MCGREGOR, AIA, FOR R. ELLIS MANAGEMENT GROUP,
LLC 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. Ms. Lata Krishnarao, Planning Manager.
D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-724 — 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 LOTS 1
AND 2, BLOCK 4, OF COLONIAL ESTATES, A SUBDIVISION IN SECTION 14,
H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 509, IN BRAZORIA COUNTY,
TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN
VOLUME 9, PAGE 123, OF THE PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS (LOCATED AT 5230 COLONIAL DRIVE)(APPLICATION NO. 1171)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO r--,
SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF TOMMY
BARN[, 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. Ms. Lata Krishnarao, Planning Manager.
E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1168 — AN ORDINANCE EXTENDING THE
CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND
AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE
CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND
BOUNDARIES (BELTWAY 8 AT SH 288); APPROVING A SERVICE PLAN FOR
ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING
OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A
SAVINGS AND SEVERABILITY CLAUSE. Mr. Alan Mueller, Deputy City
Manager.
F. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1169 — AN ORDINANCE EXTENDING THE
CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND
AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE
Page 4 of 16 — 6/28/2004
CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND
BOUNDARIES (BELTWAY 8 AT SH 288); APPROVING A SERVICE PLAN FOR
ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING
OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A
SAVINGS AND SEVERABILITY CLAUSE. Mr. Alan Mueller, Deputy City
Manager.
G. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1170 — AN ORDINANCE EXTENDING THE
CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, APPROVING THE
ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO.
28 OF 188.76 ACRES OF LAND. Mr. Darrin Coker, City Attorney.
H. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING
OF ORDINANCE NO. 1171 — AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE
AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE FOR THE
CONSTRUCTION OF DRAINAGE IMPROVEMENTS ON CERTAIN REAL
PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR
HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS
ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY,
BY DONATION, PURCHASE, OR. BY THE EXERCISE OF THE POWER OF
EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE
CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON
THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND
PROVIDING AN EFFECTIVE DATE. Mr. Damn Coker, City Attorney.
I. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-106
— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE
FUTURE EXPANSION OF THE MELVIN KNAPP BUILDING. Mr. Damn Coker,
City Attorney.
J. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-101
— 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 HBC/TERRACON FOR
MATERIALS TESTING SERVICES ASSOCIATED WITH THE CULLEN
BOULEVARD EXTENSION PROJECT. Mr. Bill Eisen, City Manager.
K. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-104
— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AWARDING A BID FOR THE PURCHASE OF A COMMERCIAL DUTY
PAPER SHREDDER. Mr. Bill Eisen, City Manager.
Page 5 of 16 — 6/28/2004
L. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-109
— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, URGING THE TEXAS CONGRESSIONAL DELEGATION TO
REQUEST AND SUPPORT FUNDING FOR THE U.S. ARMY CORPS. OF
ENGINEERS ("CORPS") GENERAL. REEVALUATION REPORT ON CLEAR
CREEK FOR THE FISCAL YEAR 2005. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember Marcott, to
approve Consent Agenda Items A through L as presented on the Consent Agenda.
Voting "Aye" Councilmembers Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
MATTERS REMOVED FROM CONSENT AGENDA: None
NEW BUSINESS
SECOND AND FINAL READING OF ORDINANCE NO. 509-718 — AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE
OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING TRACT 1,
60.0000 ACRES SITUATED IN THE JAMES HAMILTON SURVEY, ABSTRACT NO.
876, BEING ALL OF LOTS 39, 39 Y2 , 40,401/2,41,411/2,42,421/2,55,551/2,56, AND
56 Y2 IN SECTION OR BLOCK "F" IN THE ALLISON-RICHEY GULF COAST HOME
CO'S. PART OF SUBURBAN GARDENS SUBDIVISION; TRACT 2, PARCEL A: ALL
OF LOTS 53 AND 54 AND THE SOUTH FIFTY FEET OF LOTS 43 Y2 AND 44 Y2 OF
ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION F
JAMES HAMILTON SURVEY, ABSTRACT 876; PARCEL B, 11.0586 ACRES OF
LAND OUT OF THE ALLISON-RICHEY GULF COAST COMPANY SUBDIVISION
SECTION "F", IN THE JAMES HAMILTON SURVEY A-876; PARCEL D, 882,971
SQUARE FEET OF LAND OUT OF THE ALLISON-RICHEY GULF COAST HOME
COMPANY SUBDIVISION, SECTION "F", IN THE JAMES HAMILTON SURVEY A-876;
TRACT 3, 44.00 ACRES BEING ALL THAT PARCEL OF LAND BEING ALL OF LOTS
9 Y2, 10 Y2, 23, 23 Y2, 24, 24 Y2, 25, 25 '/2, 26, 26 '/2, OF ALLISON-RICHEY GULF
COAST HOME COMPANY SUBDIVISION, ACCORDING TO PLAT THEREOF
RECORDED IN VOLUME 3, PAGE 40, OUT OF SECTION "F" OF SAID SUBDIVISION,
ALL IN HARRIS COUNTY, TEXAS (LOCATED AT THE SOUTHWEST CORNER OF
STATE HIGHWAY 288 AND BELTWAY 8) (APPLICATION NO. 1168) FROM
CLASSIFICATION SUBURBAN. DEVELOPMENT DISTRICT (SD) TO PLANNED UNIT
Page 6 of 16 — 6/28/2004
DEVELOPMENT (PUD) AT THE REQUEST OF JEFF GUSTAFSON OF LENNAR
PARTNERS AND LNR CLEAR CREEK SPECTRUM L.P., AGENT FOR SANDRA G.
BYBEE, MARY SUSAN LINDHOLM, MARGARET GREADY BYBEE, MARTHA B.
SOLAND, MARILYN B. DAWSON, JEANETTE B. NICHOLS, 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. Ms. Lata Krishnarao, Planning Manager.
Councilmember Marcott made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 509-718 on its second and final reading as amended to
authorize the City Attorney to add the approval recommendation from Planning &
Zoning, to reference Exhibit C (Planned Unit Development) document in the Ordinance,
and to amend the legal description within the Ordinance and Planned Unit Development
Document.
City Manager Bill Eisen stated this item went through the Public Hearing process a few
months ago. The second and final reading of the Ordinance was delayed in order to
complete annexation of the property.
City Attorney Darrin Coker stated he met briefly with the representatives and developer
and some amendments to the Ordinance are needed. The approval recommendation
from Planning and Zoning needs to be placed within the Ordinance. Exhibit C should
also be referenced within the Ordinance. There are some discrepancies in the
Ordinance as relating to the Planned Unit Development Document. These too should
be consistent and be amended to have the same legal description of the property.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION — RESOLUTION NO. R2004-108 — AUTHORIZING PUBLICATION
OF A NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION IN A
PRINCIPAL AMOUNT NOT TO EXCEED $20,000,000 FOR THE ACQUISITION,
CONSTRUCTION AND IMPROVEMENT OF CERTAIN PUBLIC WORKS,
AUTHORIZING DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT
RELATING TO SUCH CERTIFICATES AND AUTHORIZING CERTAIN OTHER
MATTERS RELATING THERETO. Mr. Bill Eisen, City Manager.
Councilmember Cole made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2004-108 as amended to the amount of $21 million.
City Manager Bill Eisen stated the ongoing capital improvements within the City allot for
Page 7 of 16 — 6/28/2004
the continuation of the issuance of Certificates of Obligation to finance those
improvements. There are currently some large capital improvement projects such as:
Dixie Farm Road and Storm Water Detention facilities along Kirby Drive. He stated in
order to ensure adequate funding for the projects an amendment is needed to increase
the Certificates of Obligation amount from $20 million to $21 million.
Councilmember Owens asked for clarification regarding the increase in funding.
City Manager Bill Eisen stated the most recent estimates and bids received have more
current unit prices. These unit prices have been used to estimate the cost of the
project.
Voting "Aye" Councilmembers Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION — RESOLUTION NO. R2004-105 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING A MEMORANDUM OF
UNDERSTANDING WITH BRAZORIA COUNTY DRAINAGE DISTRICT NO. 4. Mr.
Alan Mueller, Deputy City Manager.
Councilmember Owens made the motion, seconded by Councilmember Cole, to
approve Resolution No. R2004-105.
City Manager Bill Eisen stated the proposed change to the agreement is regarding side
slopes on the detention pond, and maintenance requirements.
Councilmember Cole asked if developers have been using these standards already.
Deputy City Manager Alan Mueller stated these are the typical standards. The drainage
district wanted to lock this in due to the mowing and maintenance responsibility for the
detention.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION — RESOLUTION NO. R2004-107 — A RESOLUTION
AUTHORIZING THE CREATION OF DEVELOPMENT AUTHORITY OF PEARLAND, A
LOCAL GOVERNMENT CORPORATION; APPROVING THE ARTICLES OF
Page 8 of 16 — 6/28/2004
INCORPORATION AND BYLAWS;
CONTAINING OTHER PROVISIONS
City Manager.
APPOINTING THE INITIAL DIRECTORS; AND
RELATING TO THE SUBJECT. Mr. Bill Eisen,
Councilmember Marcott made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2004-107 appointing Mayor Tom Reid as Chairman.
City Manager Bill Eisen stated this item was discussed fairly recently during a Council
Workshop. It relates to the formal creation of the Development Authority of Pearland.
The initial directors have been incorporated into the document. The document requires
a chairman. Council needs to decide who the chairman will be for inclusion into the
article of incorporation. This document will be presented to the Secretary of State Office
once completed.
Councilmember Cole asked if the Mayor was looking to place another person into this
position. He asked for appointment clarification if the Mayor decides not to be the
chairman.
City Manager Bill Eisen stated the bylaws provide for Council only to appoint and select
chairs.
A brief discussion ensued among Council regarding the current appointment of
chairman and decided the Mayor is the best choice at this time until another selection is
required by the Mayor and Council.
Voting "Aye" Councilmembers Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION — REMOVE FROM TABLE RESOLUTION NO. R2004-59.
City Council.
Councilmember Owens made the motion, seconded by Councilmember Marcott, to
remove from table Resolution No. R2004-59.
Voting "Aye" Councilmembers Cole, Marcott Viktorin, and Owens.
Voting "No" None
Motion Passed 4 to 0, with Councilmember Tetens absent.
Page 9 of 16 — 6/28/2004
COUNCIL ACTION — RESOLUTION NO. R2004-59 — 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 TAX
COLLECTION SERVICES. Mr. Darrin Coker, City Attorney.
Councilmember Owens made the motion, seconded by Councilmember Marcott, to
approve Resolution No. R2004-59.
Mike Darlow of Purdue, Brandon, Fielder, Collins, and Mott addressed Council and
stated a proposal regarding tax collection services was submitted to Council. The
proposal was discussed with Mr. Eisen and Mr. Coker. He stated a two-page summary
is within the proposal and asked Council to consider hiring Purdue, Brandon, Fielder,
Collins, and Mott. He briefly stated information regarding the firm.
Mike Swierka of Linebarger, Gogan, Blair, and Sampson addressed Council and stated _
their firm is currently collecting delinquent taxes for the City of Pearland. The firm has
currently collected 56% of the delinquent taxes. He stated his firm does not sue in order
to collect taxes; however, the competing firm does. This is a harsh remedy for
delinquent tax -payers. Alternative means of collection are used with his law firm. He
briefly stated additional information regarding the firm.
City Manager Bill Eisen stated this issue is before Council due to an item on the Agenda
a few months ago considering the contract renewal with Linebarger, Gogan, Blair, and
Sampson. During that time Council indicated they would like to see other proposals
submitted for consideration. As a result of the request both proposals submitted by the
firm are very good and complete. He stated both firms are very capable and specialize
in serving governmental entities, and both are satisfied with receiving a 15% fee on all
delinquencies. Both of the firms have a great deal of experience and have been in this
business for a long time. Mr. Eisen stated he does not feel that there are a lot of
differences between the firms. As a result, his recommendation to Council is to
continue using Linebarger, Gogan, Blair, and Sampson due to the ongoing relationship
between the City and the firm.
Councilmember Marcott asked for information regarding the collection status of last
year.
City Manager Bill Eisen stated approximately 56% of last year's back taxes have been
collected to date. This is based on dollar volume. There are variations among taxing
years. He stated the percentages from both firms may vary and Council should not
solely look at the percentages, but also the indications given by other clients utilizing
both firms.
Councilmember Owens stated good information came back on both firms. His point in
initializing the acceptance of proposals for the delinquent tax collection services was
Page 10 of 16 — 6/28/2004
because of the amount of time the firm currently used has been with the City.
Linebarger, Gogan, Blair, and Sampson have been with the City for more than ten
years. He wanted to allow an opportunity for other firms to propose their services
before Council as well. This gives an opportunity for the City to have good public
reception.
City Manager Bill Eisen stated a two-year contract with Linebarger, Gogan, Blair, and
Sampson is being proposed at this time. He stated Council will have the opportunity to
look at other firms again after the two-year contract.
Councilmember Cole stated both firms are good firms and he thinks the business
relationship should continue with Linebarger, Gogan, Blair, and Sampson.
Councilmember Marcott asked if the 20% fee could be amended to read 15%.
City Manager Bill Eisen stated during a previous Council Meeting Council voted on the
increase to 20% for services by the firm. The firm will receive 15% for the delinquencies
prior to 2003 and 20% for the delinquencies after 2003. The current agreement before
Council reflects that previous action.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION — RESOLUTION NO. RESOLUTION NO. R2004-99 — 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 & NICHOLS, INC. FOR CONSTRUCTION
ADMINISTRATION SERVICES ASSOCIATED WITH THE CULLEN BOULEVARD
EXTENSION PROJECT. Mr. Bill Eisen, City Manager.
Councilmember Marcott made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2004-99.
City Manager Bill Eisen stated this item is for construction management on the
extension of Cullen Boulevard. The proposal is for the continuation of a design
engineer providing construction management services. An inspector from the City has
been provided for the project.
Councilmember Owens asked for clarification regarding the reference to construction
costs and the percentage paid for the management services.
Page 11 of 16 — 6/28/2004
City Manager Bill Eisen stated this ties it back to a percentage of the construction
Discussion ensued among Council and Staff regarding the percentage and the schedule
of fees within the engineering contract.
Ron Bavarian of Freese & Nichols, Inc. stated the actual construction is broken into two
segments. The percentage was determined based on the contract amount.
Additional discussion ensued among Council, Staff, and Ron Bavarian regarding the
lump sum and construction costs.
Ron Bavarian of Freese & Nichols, Inc. explained the $40,000 lump sum and the
$15,000 for extra services.
Councilmember Owens asked for clarification regarding the billing.
Ron Bavarian of Freese & Nichols, Inc. stated the billing will be put into three segments_.
The lump sum would be billed as the construction progresses. The other billing would
be based on hourly rates on the schedule of fees.
Deputy City Manager Alan Mueller stated the contract should be changed into two lines
reading "$40,000 lump sum and not to exceed $15,000 for hourly personnel." There are
inconsistencies between the coversheet on the contract form and the way the document
was put together.
Additional discussion ensued among Council, Staff, and Ron Bavarian regarding the
contract.
Voting "Aye" Councilmembers Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION —RESOLUTION NO. R2004-110 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION
BY BRAZORIA-FT. BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 OF
APPROXIMATELY 808.329 ACRES OF LAND.
Mr. Darrin Coker, City Attorney.
Councilmember Cole made the motion, seconded by Councilmember Marcott, to
approve Resolution No. R2004-110.
Page 12 of 16 — 6/28/2004
City Manager Bill Eisen stated this is a request for authorization for Brazoria-Ft. Bend
County Municipal Utility District No. 1 for annexation of approximately 800 acres into the
District. This Municipal Utility Disrict serves the Shadow Creek Ranch area.
Councilmember Marcott asked if there is a limit on the size of Municipal Utility Districts.
City Manager Bill Eisen stated that only relates to the older Municipal Utility Districts that
did not have the declining reimbursement provisions. This is one of the initial Municipal
Utility Districts authorized by the City with those provisions.
City Attorney Darrin Coker stated the City authorized the creation of six Municipal Utility
Districts for the Shadow Creek Ranch Development.
Councilmember Marcott asked for clarification on the existing 455 acres.
Lynn Humphries of Allen, Boone & Humphries stated the existing 455 acres is
composed of a combination of both Brazoria County and Fort Bend. Administration
costs and soft costs are cut due to the greater area of land being covered by the
Municipal Utility Districts established for Shadow Creek Ranch.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION — RESOLUTION NO. R2004-100 — 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 KLOTZ ASSOCIATES, INC. FOR WATER MODELING SERVICES.
Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember Cole, to
approve Resolution No. R2004-100.
City Manager Bill Eisen stated this is regarding the updating of a water system model
completed a few years ago by Montgomery Watson. This is due to a lot of additional
development that has taken place within the City. This would provide for a more
updated model.
Mayor Pro -Tem Viktorin stated he thinks this is a very worthwhile project.
Page 13 of 16 — 6/28/2004
City Engineer Doug Kneupper stated some of the improvements from this update would
be due to advances in the City's Global Intelligent System that allows the generalization
of usage data.
Councilmember Marcott asked for clarification regarding the monitoring of the rain
gauges.
City Engineer Dough Kneupper stated if a strange number is recorded by the gauges,
then something has happened. When this happens someone will be sent out to check
the gauges. There is a current maintenance contract for the gauges.
A brief discussion ensued among Council and Staff regarding possible vandalism and
the monitoring of the gauges.
Public Works Director Jerry Burns stated regular routine visits are made by his
department.
City Manager Bill Eisen stated once the warranty has expired, the Engineering budget
would allow some funding for the gauges. This will be routine service.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION — RESOLUTION NO. R2004-102 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION OF THE PEARLAND PARKWAY/BROADWAY WATER
IMPROVEMENTS. Mr. Bill Eisen, City Manager.
Councilmember Marcott made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2004-102.
City Manager Bill Eisen stated this is a proposal for construction of two segments of
waterlines along Pearland Parkway and Mary's Creek, the other along Broadway and
Pearland Parkway. Both segments are part of the current impact fee study.
Councilmember Marcott asked if the City has done business with this contractor
previously.
Project Director Joe Wertz stated the City has not done business with this contractor.
Voting "Aye" Councilmembers Owens, Viktorin, Marcott, and Cole.
Page 14 of 16 — 6/28/2004
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION - RESOLUTION NO. R2004-103 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER
NO. 5 ASSOCIATED WITH THE FM 518 WEST SANITARY SEWER PROJECT.
Mr. Joe Wertz, Project Director.
Councilmember Cole made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2004-103.
City Manager Bill Eisen stated this end of contract construction cost involves a number
of things such as additional work associated with the lift station.
Councilmember Marcott stated his concerns regarding additional funds being allotted to
contractors after starting the construction.
Project Director Joe Wertz stated the change order was due to additional water work
completed, which made additional time on the site. Problems occurred while trying to
acquire property for the site.
Councilmember Owens asked for clarification regarding the additional overhead costs.
Project Director Joe Wertz stated the contractor's claim was for $67,000. Carter
Burgess negotiated this amount, which now is down to $35,000. This amount was for
the two months the contractor could not do any work due to the lift station site problems.
Discussion ensued among Council and Staff regarding the problems that occurred with
the initial lift station site and the rerouting of pipes associated with the new route chosen
for the lift station.
Additional discussion ensued among Council and Staff regarding future planning for
engineering contracts and land acquisitions.
Councilmember Marcott asked if all of the land and dirt issues were resolved.
Project Director Joe Wertz stated all of the issues have been communicated and
completed.
Deputy City Manager Alan Mueller stated the Chik fil-A is aware that the existing
problems of the location were not caused by the City.
Page 15 of 16 — 6/28/2004
Councilmember Marcott stated the City should ensure that the landowners' concerns
are completely satisfied prior to close-out.
Voting "Aye" Councilmembers Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Council member Tetens absent.
OTHER BUSINESS: None
ADJOURNMENT
Meeting was adjourned at 8:54 p.m.
Minutes approved as submitted and/or corrected this the 12th day of July ,
A.D., 2004.
Tom Reid
Mayor
ATTEST:
i✓/ .rIi -
9 Jr
LT
Secqjil�
Page 16 of 16 — 6/28/2004