2005-01-24 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON JANUARY 24, 2005, AT 7:30 P.M., IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
The meeting was called to order with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Charles Viktorin
Richard Tetens
Woody Owens
Larry Marcott
Kevin Cole
Bill Eisen
Darrin Coker
Young Lorfing
Others in attendance: Deputy City Manager Alan Mueller; Executive Director of
Community Services Nick Finan; Marketing Manager of P.E.D.C. Will Benson; Police
Chief J.C. Doyle; City Engineer Doug Kneupper; Public Works Director Jerry Burns;
Project Director Joe Wertz; Senior Planner Theresa Grahmann.
The invocation was given by Councilmember Cole and the Pledge of Allegiance was led
by Austin Wenzel of Boy Scout Troop No. 464.
MAYOR'S ACTIVITY REPORT
Mayor Reid introduced Ms. Helen Beckman and Linda Cowles of Keep Pearland
Beautiful.
Ms. Beckman stated one of the functions of Keep Pearland Beautiful is to raise funds for
hike and bike trips in Pearland. One of the most successful fundraisers has been the
Tour de Lites. Quite a bit of money has been raised to put towards hike and bike trails
in Pearland. She stated this would not be possible if it were not for the sponsors. They
are the ones who help pay for all the expenses in order to clear profits. Ms. Beckman
recognized and honored Shadow Creek Ranch Representatives Drew Pelter and Gary
Cook as one of the premier sponsors of Keep Pearland Beautiful events. She stated
Shadow Creek Ranch has been a sponsor of the Tour de Lites for the past three years
and at the highest level. It is because of them that Keep Pearland Beautiful is able to
turn a profit during the event. She presented them with an honorary membership to
Keep Pearland Beautiful.
Mayor Reid reported on January 11 he attended the Wells Fargo Breakfast, a Workshop
regarding the Old Townsite Plan, and the Old Townsite presentation and hearing for the
public; January 12 he attended a meeting with Alan Mueller and Larry Heckathorn of
Page 1 of 24 —1 /24/2005
TxDOT, and an Adult Reading Center Board of Directors Meeting; January 13 he
attended Ribbon Cutting Ceremonies for Clayton Funeral Home, the United Way New
Office, and the Pizza Factory; January 14 he attended the Chamber Before Work
Breakfast and the Annual Meeting of the Houston Partnership; January 15 he presented
a Proclamation to the Knights of Columbus Colombian Squires Day; January 17 he
presented a Proclamation to Raymond Lee Cunningham who is the oldest living major
leaque player; and attended an Agenda Meeting and Council Workshop and Joint
Public Hearings; January 18, 2005 he attended an HGAC Board of Director's Meeting
and met with Rhonda Cyrus and YMCA Regiment Director; January 19 he attended the
State of the City preparation meeting, the Brazoria Alliance Annual Meeting, and the
BCCA Monthly Meeting in Surfside Village; January 20 he attended the Chamber
Leadership Council, Chamber Annual Meeting and Banquet, and the Gulf Coast Water
Authority Board; January 21 he presented a Proclamation to Marek School for "Save
Watts Day"; January 22 he attended the "Meet the Mayor" Event at Shadow Creek
Ranch; January 24 he attended the Mykawa Road Public Hearing.
COUNCIL ACTIVITY REPORTS
Mayor Pro -Tem Viktorin reported he attend the Retirement Ceremony of Sheriff Joe
King held in Lake Jackson.
Councilmember Tetens reported he attended a Clear Creek Steering Committee
Meeting in Friendswood, the Brazoria County Cities Association Monthly Meeting in
Surfside, and the Volunteer Fire Department Banquet and Awards Ceremony in
Pearland.
Councilmember Owens reported he attended the Volunteer Fire Department Banquet
and the Chamber Banquet, which had over 300 people in attendance. He also attended
the Partnership Annual Meeting for 2005, the State of the�City for the City of Houston,
and the American Public Works Banquet. He stated he is currently on the Board of
Trustees for the American Public Works Association of Texas. He gave some additional
comments regarding the upcoming election in Iraq and stated this is a big concern for
the United States. He hopes this will be the beginning of the end for the troops having
to be in Iraq. Prayers for the troops and elected officials is well deserved.
Councilmember Marcott reported he attended the Chamber Banquet at the Catholic
Church. The facility is a fine facility and it was nice attending this meeting in Pearland.
He stated the Proclamation presented by the Mayor to the Oldest Major League Player
would be placed into the Hall of Fame. He attended the opening of Guys and Dolls at
Pearland High School. This program is something in comparison to the ' Downtown
Theatre. He asked the community to attend the wonderful show. This is a first-class
play.
Mayor Pro -Tem Viktorin stated he had the opportunity to meet the students of Pearland
Page 2 of 24 —1 /24/2005
NOISE, OF THE CITY OF PEARLAND CODE OF ORDINANCES, FOR THE
PURPOSE OF UPDATING THE ORDINANCES RELATIVE TO NOISE;
PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR
PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
D. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE
OF SHADOW CREEK RANCH SF -39A.
Mr. Doug Kneupper, City Engineer.
E. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE
OF SHADOW CREEK RANCH SF -40.
Mr. Doug Kneupper, City Engineer.
F. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE
OF CABOT COVE SECTION 2. Mr. Doug Kneupper, City Engineer.
G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. 82005-11 —
A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ORDERING THE HOLDING OF A GENERAL ELECTION
TO BE HELD ON SATURDAY, MAY 7, 2005, FOR THE PURPOSE OF
ELECTING THE MAYOR AND ONE MEMBER OF THE CITY COUNCIL IN AND
FOR THE CITY OF PEARLAND, TEXAS; AND FOR THE PURPOSE OF
SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF PEARLAND,
TEXAS, ESTABLISHING POLLING PLACES; NAMING CLERKS; AND
ESTABLISHING PROCEDURES FOR SAID REGULAR CITY OFFICERS,
ELECTION. Mr. Young Lorfing, City Secretary.
H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2005-12 —
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPOINTING PERSONS TO SERVE AT THE CENTRAL COUNTING
STATION, BRAZORIA COUNTY COURTHOUSE, ANGLETON, TEXAS, FOR
THE GENERAL ELECTION TO BE HELD ON SATURDAY, MAY 7, 2005.
Mr. Young Lorfing, City Secretary.
1. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2005-13 —
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AWARDING A UNIT PRICE SUPPLY CONTRACT FOR STREET
STRIPING SERVICES. Mr. Bill Eisen, City Manager.
J. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING
OF ORDINANCE NO. 1197 — AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE
Page 4 of 24 — 1/24/2005
High School that participate in the Arts. He stated he is absolutely blown away with the
level of talent that exists locally in the High School level. He saw Westside Story and
was amazed.
Councilmember Cole reported he attended the Chamber Banquet, and it was a nice
event.
Discussion took place regarding Houston starting a biking fundraiser in order to raise
funds for trails within Houston.
CITY MANAGER'S REPORT
City Manager Bill Eisen gave compliments to the Chamber regarding the Chamber
Banquet. It was great to finally have the opportunity to have this event in Pearland. He
attended a quarterly meeting of the Alliance for Economic Development for Brazoria
County. There is a lot of activity regarding economic development throughout Brazoria
County. Mr. Eisen stated the expansion of a Petrochemical Plant is taking place and
also the expansion of Port Freeport.
CITIZENS: None
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES:
1. Minutes of the January 10, 2005, Regular Council Meeting held at 7:30
p.m.
2. Minutes of the January 17, 2005, Special Meeting held at 7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1187 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A PORTION
OF A CERTAIN TWENTY FOOT (20') SANITARY SEWER EASEMENT
RECORDED IN VOLUME 1506, PAGE 508 OF THE PLAT RECORDS OF,
BRAZORIA COUNTY, TEXAS, WITHIN THE CORPORATE CITY LIMITS OF
PEARLAND, BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE
AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE. Mr. Darrin Coker, City Attorney.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1158-1 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 19,
Page 3 of 24 —1 /24/2005
AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE FOR THE
CONSTRUCTION OF ROAD AND UTILITY 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. Darrin Coker, City Attorney.
K. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING
OF ORDINANCE NO. 1198 — 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 ROAD AND UTILITY 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. Darrin Coker, City Attorney.
L. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING
OF ORDINANCE NO. 1199 — 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 ROAD AND UTILITY 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. Darrin Coker, City Attorney.
M. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING
OF ORDINANCE NO. 1200 — AN ORDINANCE OF THE CITY COUNCIL OF
Page 5 of 24 — 1/24/2005
THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE
AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE FOR THE
CONSTRUCTION OF ROAD AND UTILITY 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. Darrin Coker, City Attorney.
N. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2005-23 —
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
CONVEY, BY QUITCLAIM DEED, CERTAIN REAL PROPERTY SITUATED IN
THE CITY. Mr. Bili Eisen, City Manager.
O. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING
OF ORDINANCE NO. 1202 — AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS WITHIN
THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON SCHLEIDER
DRIVE IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH
ORANGE STREET, UPON ORANGE STREET IN AN EASTERLY DIRECTION
AT ITS INTERSECTION WITH SCHLEIDER DRIVE; PROVIDING A PENALTY
FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE,
FOR PUBLICATION, AND FOR CODIFICATION; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO ESTABLISH STOP SIGNS AT
INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELING PUBLIC
AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND
WELFARE OF THE CITIZENRY. Mr. Darrin Coker, City Attorney.
Councilmember Tetens asked that Consent Agenda Item G be removed from the
Consent Agenda for further discussion.
Councilmember Owens asked that Consent Agenda Items I and 0 be removed from the
Consent Agenda for further discussion.
Councilmember Marcott asked that Consent Agenda Items B and F be removed from
the Consent Agenda for further discussion.
Page 6 of 24 —1 /24/2005
Councilmember Tetens made the motion, seconded by Councilmember Owens, to
adopt Consent Agenda Items A through O with the exception of items B, F, G, I, and O,
as presented on the Consent Agenda.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
Councilmember Marcott asked that Consent Agenda Item B be removed from the
Consent Agenda for further discussion.
SECOND AND FINAL READING OF ORDINANCE NO. 1187 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A
PORTION OF A CERTAIN TWENTY FOOT (20') SANITARY SEWER EASEMENT
RECORDED IN VOLUME 1506, PAGE 508 OF THE PLAT RECORDS OF, BRAZORIA
COUNTY, TEXAS, WITHIN THE CORPORATE CITY LIMITS OF PEARLAND,
BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Darrin Coker, City
Attorney.
Councilmember Tetens made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 1187 on its second and final reading.
City Manager Bill Eisen stated this relates to an abandonment of an easement in
regards to a shopping center located on the corner of Liberty Drive and FM 518. The
compensation for the abandonment of the easement is reflected in the appraised value
of the property, which has been discounted based upon the fact of it being an
easement.
Councilmember Marcott stated he voted against this during its first reading and wanted
to keep that vote.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, and Cole.
Voting "No" Councilmember Marcott.
Motion Passed 4 to 1.
Councilmember Marcott asked that Consent Agenda Item F be removed from the
Consent Agenda for further discussion.
Page 7 of 24 —1 /24/2005
COUNCIL ACTION — SUBDIVISION ACCEPTANCE OF CABOT COVE SECTION 2.
Mr. Doug Kneupper, City Engineer.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Viktorin, to
approve Subdivision Acceptance of Cabot Cove Section 2.
City Manager Bill Eisen stated this is the final acceptance of the improvements within
the subdivision, which is section 2 of Cabot Cove.
Councilmember Marcott stated he pulled the item because he does not have a map
detailing the area and layout.
A brief discussion ensued among Council and Staff regarding the map missing from one
of the packets.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
Councilmember Tetens asked that Consent Agenda Item G be removed from the
Consent Agenda for further discussion.
COUNCIL ACTION — RESOLUTION NO. R2005-11 — A RESOLUTION AND ORDER
OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE
HOLDING OF A GENERAL ELECTION TO BE HELD ON SATURDAY, MAY 7, 2005,
FOR THE PURPOSE OF ELECTING THE MAYOR AND ONE MEMBER OF THE CITY
COUNCIL IN AND FOR THE CITY OF PEARLAND, TEXAS; AND FOR THE
PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF
PEARLAND, TEXAS, ESTABLISHING POLLING PLACES; NAMING CLERKS; AND
ESTABLISHING PROCEDURES FOR SAID REGULAR CITY OFFICERS, ELECTION.
Mr. Young Lorfing, City Secretary.
Councilmember Tetens made the motion, seconded by Councilmember Marcott, to
amend Resolution No. R2005-11, to add a Special Election to consider an increase in
compensation for the Mayor and Councilmembers.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Page 8 of 24 —1 /24/2005
Motion Passed 5 to 0.
Councilmember Tetens made the motion, seconded by Councilmember Cole, to
approve Resolution No. R2005-11 as amended.
Councilmember Marcott had some questions regarding the dates regarding the
canvassing of the election.
City Secretary Young Lorfing stated these dates could have changed because of the
provisional ballots that came into effect last year.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
Councilmember Owens asked that Consent Agenda Item I be removed from the
Consent Agenda for further discussion.
COUNCIL ACTION — RESOLUTION NO. R2005-13 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT PRICE
SUPPLY CONTRACT FOR STREET STRIPING SERVICES. Mr. Bill Eisen, City
Manager.
Councilmember Tetens made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2005-13.
City Manager Bill Eisen stated this is an annual bid for street tracking services. It
provides the City with unit prices.
A brief discussion ensued among Council and Staff regarding the contract and the
prices.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
Councilmember Owens asked that Consent Agenda Item O be removed from the
Consent Agenda for further discussion.
FIRST AND ONLY READING OF ORDINANCE NO. 1202 — AN ORDINANCE OF THE
Page 9 of 24 — 1/24/2005
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS
WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON SCHLEIDER
DRIVE IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH ORANGE
STREET, UPON ORANGE STREET IN AN EASTERLY DIRECTION AT ITS
INTERSECTION WITH SCHLEIDER DRIVE; PROVIDING A PENALTY FOR
VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A
REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION, AND
FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO
ESTABLISH STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE
TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH,
SAFETY AND WELFARE OF THE CITIZENRY. Mr. Darrin Coker, City Attorney.
Councilmember Tetens made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 1202 on its first and only reading.
Sandy Baumy, 3418 East Orange, addressed Council and stated she fully supports the
three-way stop. She stated speeding and traffic need to be addressed. It is difficult for
her son to walk to school due to the traffic and speeding. She no longer allows him to
walk to school.
Delia Bulerez, 3414 East Orange, addressed Council and stated she has spoken with
the Pearland Police Department on many occasions regarding the speeding problems in
the area and now she has a Police Officer that patrols the area. She is glad to have the
Officer because he stops a lot of the speeders. There is also a problem with the traffic
and it makes it very hard to get out of their driveways. It is a very dangerous situation.
She asked Council to also consider a stop sign at Lynnwood and Orange. The
community appreciates what Council is currently doing to help with this problem.
Earl Sullivan, 3324 East Orange, addressed Council and stated he has lived in this
community for almost thirty years. He has called about the stop sign in the past and
was not able to get it put into place. Mr. Sullivan stated the school buses are bigger
than the lanes within the street and this is not safe. He has concerns about the children
getting hurt due to the speeding. There is a serious problem in this area.
Councilmember Owens stated he pulled the item because of numerous calls and emails
he received in regards to the problem in the area. One concerns is possibly placing a
school zone designation for this particular area. The city could also place tabletops
within the area. There is future development planned for this area and this would be a
good time to possibly widen this area in order to give the residents some area to get out
of their driveways.
Councilmember Cale asked if the School District could possibly change the bus route.
The City needs to have some communication with the School District to get this
changed. The buses could go another route, unless it is picking up children along the
Page 10 of 24 —1 /24/2005
street. He stated the caption on the Agenda only reads easterly versus easterly and
westerly.
City Attorney Darrin Coker stated the caption would be amended following the meeting
to read easterly and westerly. The replacement Ordinance reads correctly.
Councilmember Marcott asked the Chief of Police J.C. Doyle to speak with the three
citizens present in order to get some additional feedback from them.
Deputy City Manager Alan Mueller reminded Council about the adopted traffic calming
policy. A series of steps will need to take place regarding the concerns of the residents
in that area.
A brief discussion ensued among Council and Staff regarding possible steps that need
to take place prior to placing traffic calming devices within the subdivision.
Councilmember Owens commented on a speeding driver he encountered while driving
in the area. He stated there should be some additional concern because new
residential development is taking place within the community. The Chief of Police has
placed patrol officers in the area and that has done some good.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
NEW BUSINESS
FIRST READING OF ORDINANCE NO. 509-753 - 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 2.00 ACRES, WILLETTS
SUBDIVISION, ABSTRACT 70, W.D.C. HALL SURVEY, LOT 2, 2C, 2D, 2C1, 2D1,
AND 2E, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE NORTH SIDE OF FM 518 (BROADWAY STREET), AND EAST OF
HAMM ROAD) (APPLICATION NO. 1200 & SPECIFIC USE PERMIT APPLICATION
NO. 138) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO GENERAL
BUSINESS DISTRICT — SPECIFIC USE PERMIT (GB(S)), A SPECIFIC USE PERMIT
FOR STORAGE AND MINI -WAREHOUSE, AT THE REQUEST OF ROBERT
MCCONNELL AND GJR INVESTMENT MANAGEMENT, INC., APPLICANT FOR
TEXAS NO. 4, LTD., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND
USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
Page 11 of 24 —1 /24/2005
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE
SUBJECT. Mr. Darrin Coker, City Attorney.
Councilmember Owens made the motion, seconded by Councilmember Cole, to
approve Ordinance No. 509-753 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. 1200 Specific Use Permit No. 138
as amended by the Planning & Zoning Commission to include certain conditions
applying all applicable City Codes and Ordinances, the issuance of a normal temporary
Certificate of Occupancy until all codes and Ordinances are met, and the construction of
an eight -foot high 100% opaque masonry fence where the property butts residential
zoning.
City Manager Bill Eisen stated this was brought before Council at this time because of a
potential change in ownership. The specific use permit would be required for the
expansion of the facility.
Guy Robertson Sr., 10575 West Office Drive, Houston, addressed Council and stated
he is currently trying to acquire the property at 1919 FM 518. The current property has
a storage facility on the premises. The area is unsightly at the present time and he is
seeking to reconstruct the property. He has met with Staff in regard to the Planning &
Zoning Commission request and has been able to agree on all except one. He gave a
description of the masonry fence and buildings that would be located on the property.
Mr. Robertson gave some additional information regarding the current detention pond to
the rear of the property and future landscaping of the property. The only issue he is not
in agreement with Staff is the brick around the existing buildings. The buildings in the
back cannot be seen from the streets. Those buildings would be painted and the area
cleaned up. He does not see the logic in putting the brick in the rear of the property.
He asked for consideration regarding the current issue of placing a masonry fence in
the rear.
Councilmember Tetens stated he has concerns about the fagade Ordinance not being
met.
The applicant gave information detailing how they would place masonry fencing along
the existing buildings.
Councilmember Cole read the memo from Director of Building Codes and Inspections
Kola Olayiwola stating masonry facade treatment be required on all sides of all buildings
that are visible from the neighboring streets. He stated he was not aware that if the
buildings are not visible from the streets, they would not have to be treated with a
masonry fagade.
Page 12 of 24 —1 /24/2005
City Attorney Darrin Coker clarified the memo from Kola Olayiwola and stated the
fagade requirements are controlled by the Ordinance. Council does not have the
authority tonight to waive that requirement. The 509 Ordinance would have to be
amended in order to change the requirement. He read the current Ordinance
standards. He stated Executive Director of Community Services Nick Finan, Planning
Manager Lata Krishnarao, and himself have driven out to the area to make sure the City
is not requiring something that could not be required. There are some buildings that are
and are not visible from the street.
The applicant gave some comments regarding the visibility of the buildings from the
street. He stated the property is currently a dump and they are trying to beautify it and
ask for some understanding in regards to the masonry fagade.
City Attorney Darrin Coker stated Chris Kidwell and himself worked very hard to ensure
this was put into a format that is reasonable for Council. His job is to ensure that the
current Ordinance before Council complies with the land use Ordinance. He stated if
Council wanted to allow partial fagade coverage for the property, then he would be more
than willing to amend the land use Ordinance to meet these specifications.
City Manager Bill Eisen stated with clarification, the land use Ordinance requires some
sort of masonry fagade on those buildings visible from the street. This does not
necessarily have to be brick fencing, but other possible alternative masonry fencing.
The applicant stated they have currently looked into all the alternative products. The
brick seemed the most logical product to use on the property.
Executive Director of Community Services Nick Finan stated there are different
alternative products that could be utilized to meet the land use Ordinance requirements.
Unfortunately, FM 518 curves while approaching and driving along the property; the
buildings are visible during this time. Staff is trying to be consistent with the Land Use
Ordinance.
The applicant asked if Council would make some sort of exception in regards to this
building.
Discussion ensued among Council, Staff, and the applicant regarding the current
requirements of the Ordinance.
Councilmember Cole stated he has a concern regarding the vacant older buildings
within Pearland. He stated the reason why they are staying vacant is because of the
Ordinances requiring them to be brought up to code. People cannot afford the building,
land, and bring everything up to code at one time. There are several buildings around
Pearland that have been vacant for two and three years because of this. Council needs
to start looking at possible existing building codes.
Page 13 of 24 — 1/24/2005
Additional discussion ensued among Council and Staff regarding the property and the
predevelopment inspections in order to give the applicant an opportunity to understand
what would be required in order to bring the existing property in appliance with current
City codes and Ordinances.
Councilmember Cole made the motion, seconded by Councilmember Owens, to table
Ordinance No. 509-753 on its first reading for further review.
Voting "Aye" Councilmembers Owens, Viktorin, Marcott, and Cole.
Voting "No" Councilmember Tetens.
Motion Passed 4 to 1.
FIRST AND ONLY READING OF ORDINANCE NO. 509-K — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADDING SECTION
24.21, EXEMPTION FOR SCOREBOARDS TO THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND (ORDINANCE NO. 509),
PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, A EMERGENCY CLAUSE AND A REPEALER CLAUSE;
PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 509-K on its first and only reading.
City Manager Bill Eisen stated Council recently held a Public Hearing regarding the sign
Ordinance and allowing schools to place scoreboards with advertisements. The
advertisements would help pay for the boards and provide video messages.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2005-21 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, DESIGNATING CERTAIN
OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF
THE APPLICANT IN DEALING WITH THE TEXAS PARKS & WILDLIFE
DEPARTMENT, HEREINAFTER REFERRED TO AS "DEPARTMENT", FOR THE
PURPOSE OF PARTICIPATING IN THE TEXAS RECREATION & PARK ACCOUNT
OUTDOOR RECREATION GRANTS PROGRAM, HEREINAFTER REFERRED TO AS
Page 14 of 24 —1 /24/2005
THE "PROGRAM; CERTIFYING THAT THE APPLICANT IS ELIGIBLE TO RECEIVE
PROGRAM ASSISTANCE; CERTIFYING THAT THE APPLICANT MATCHING SHARE
IS READILY AVAILABLE; AND DEDICATING THE PROPOSED SITE FOR
PERMANENT (OR FOR THE TERM OF THE LEASE FOR LEASED PROPERTY)
PUBLIC PARK AND RECREATIONAL USES.
Mr. Bill Eisen, City Manager.
Councilmember Marcott made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2005-21.
City Manager Bill Eisen stated a Public Hearing was held regarding this matter. This
will allow the application process to take place to Texas Parks and Wildlife for
improvements to Centennial Park. Approving this resolution will authorize the submittal
of the application. The actual construction cost for improving Centennial Park is roughly
a million dollars.
Councilmember Owens asked if the amount is coming from the Parks funds.
City Manager Bill Eisen stated there is some General Fund money. This application
does not require any funding at this point. Approximately $355,000 has been budgeted
into the General Funds this year.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1201 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A CERTAIN
SIXTEEN FOOT (16') UTILITY EASEMENT RECORDED IN VOLUME 20, PAGE 5-6
OF THE PLAT RECORDS OF, BRAZORIA COUNTY, TEXAS, WITHIN THE
CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS; HAVING
A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
Councilmember Cole made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 1201 on its first reading, contingent on approval of the
Homeowner's Association.
City Manager Bill Eisen stated a Public Hearing took place earlier regarding this matter.
Councilmember Marcott stated his concerns regarding approving the item at the present
time without the Homeowner's Association being in favor of this.
Page 15 of 24 — 1/24/2005
City Attorney Darrin Coker stated it would be appropriate for the Council to consider it
with a contingency built in. The City has never passed over any item based upon prior
approval from a Homeowner's Association. He recommended Council to move forward
with approval based upon it meeting the City's standards, codes, and regulations.
Councilmember Marcott stated he does believe that it is important to be cognizant of the
Homeowner's Association.
Mayor Pro -Tem Viktorin stated he thinks it is extremely important for the Homeowner's
Association to have input, but if approved by Council with the contingency, then any
homeowner's association may be able act against the actions of the Council in the
future.
A brief discussion ensued among Council and Staff regarding the approval of easement
abandonments.
Voting "Aye" Councilmembers Marcott and Cole.
Voting "No" Councilmember Tetens, Owens, and Viktorin.
Motion Failed 3 to 2.
Councilmember Cole made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 1201 on its first reading.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, and Cole.
Voting "No" Councilmember Marcott.
Motion Passed 4 to 1.
COUNCIL ACTION — RESOLUTION NO. R2005-24 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONSENTING TO THE CREATION
OF THE PEARLAND MUNICIPAL MANAGEMENT DISTRICT NO. 1.
Mr. Darrin Coker, City Attorney.
Councilmember Tetens made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2005-24.
City Manager Bill Eisen stated this is associated with a recent agreement regarding the
development of a lifestyle center on the southwest corner of Beltway 8 and SH 288.
One of the terms within the agreement was the provision of creating a Municipal
Management District, which is before Council this evening. State Legislature
Page 16 of 24 — 1/24/2005
establishes the formal process for the creation of the Municipal Management District.
Council is being asked to approve a resolution supporting the creation of the District.
Councilmember Marcott stated on page 19 the initial directors are blank. He asked for
information on who would be the directors.
Lynn Humphries of Allen, Boone, & Humphries addressed Council and stated the State
Senators and State Representatives will offer input as the matter is further discussed
with them. The names will not be completed until input is received after that discussion
takes place.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2005-14 — 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 GEOTEST
ENGINEERING, INC. FOR MATERIALS TESTING SERVICES ASSOCIATED WITH
THE WEST MARY'S CREEK DETENTION PROJECT. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2005-14.
City Manager Bill Eisen stated this item relates to material testing for the West Mary's
Creek Detention Project. Geotest Engineering has been chosen to complete the work
in the amount of $56,825.
Councilmember Marcott asked for information regarding the City having to wait on
approval for permits.
Project Director Joe Wertz stated he did not have the status on the permit approval at
the present time; however the permit is being reviewed.
Discussion ensued among Council and Staff regarding the contract.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
Page 17 of 24 — 1/24/2005
COUNCIL ACTION — RESOLUTION NO. R2005-17 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER
NO. 6 ASSOCIATED WITH THE CORRIGAN DITCH BY-PASS CHANNEL.
Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2005-17.
City Manager Bill Eisen stated this is the final quantity adjustments on the various
quantities that made up the bid for the construction of the bypass channel for the
Corrigan Subdivision. Due to the changes, an overall reduction of the contract amount
has taken place in the amount of $63,057.27.
Councilmember Marcott stated he thinks this is great. He gave additional comments
regarding excess costs that took place within the project.
Councilmember Cole asked for information regarding the disposal process and if this
was an increase.
City Manager Bill Eisen stated this was just a quantity increase, but the unit price
remained the same.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. 2005-18 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A WHOLESALE
WATER CONTRACT AMENDMENT WITH THE CITY OF HOUSTON.
Mr. Alan Mueller, Deputy City Manager.
Councilmember Marcott made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2005-18.
City Manager Bill Eisen stated this is an amendment to the agreement with the City of
Houston regarding the intake of water at the water plant on FM 521 near Shadow Creek
Ranch. This provides for the City to take a maximum of three million gallons a day at
this location for the remainder of 2005. In future years this amount will increase steadily
due to the current system requirements.
Councilmember Marcott asked if the City only pays for what is used.
Page 18 of 24 — 1/24/2005
Deputy City Manager Alan Mueller stated the City pays a minimum of 500,000 gallons a
day. This contract only changes the maximum that can be taken in a given day.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2005-15 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE MAGNOLIA SEWER
PROJECT. Mr. Bill Eisen, City Manager.
Councilmember Cole made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2005-15.
City Manager Bill Eisen stated this is a project that was included in the 2002 Water and
Sewer Impact Fee Study. It is for a large sewer line running along Magnolia. Reddico
Construction submitted the low bid in the amount of $933,590.50. The City has used
this company before with success.
Councilmember Marcott asked for details on the time of completion.
Project Manager Joe Wertz stated it will be approximately four -to -five months.
A brief discussion ensued among Council and Staff regarding the traffic during
construction and possible signage during the time of construction.
Mayor Pro -Tem Viktorin stated he thinks it is a good idea for signs to be placed because
most citizens would like to know about possible delays due to construction before the
construction starts.
Councilmember Marcott stated a previous City employee discussed the problems she
had when getting home on Magnolia. A warning at the intersections would be helpful.
Councilmember Cole asked if Staff feels comfortable with the bid. He stated the
amount seems to show a significant savings.
Project Manager Joe Wertz stated he could not explain the budget number except that
this is the amount in HTE. He gave a description of the proposed sewer line.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Page 19 of 24 — 1/24/2005
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2005-16 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER
NO. 1 ASSOCIATED WITH THE BARRY ROSE ROAD PROJECT.
Mr. Bill Eisen, City Manager.
Councilmember Tetens made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2005-16.
City Manager Bill Eisen stated this is an item that relates to a change order on the
existing Barry Rose Road Project. The change is to the quantities that were included in
the bid document. This will accurately reflect what was in the plans. The change in
cost is $233,200.
Councilmember Marcott asked for details on why this information was missed.
City Manager Bill Eisen stated the bid documents had a wrong number, the construction
drawings actually reflected the correct amount.
Project Manager Joe Wertz stated the drawings did not change, but there was an error
in the original bid documents.
Rod McCrary of Turner Collie and Braden stated there was a mistake/discrepancy
between what the bid quantity showed on the bid form and what the actual quantity was
on the drawing. This difference amounted to approximately 440 linear feet out of a total
of approximately 5,200 linear feet. Somehow along the way a mistake was made in
accounting for the other 440 linear feet of box culvert. It amounts to adding quantity to
the contract to account for the dollars.
Discussion ensued among Council, Staff, and Mr. McCrary regarding the bids placed for
the project and how this amount would be placed within the contract.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2005-22 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT
Page 20 of 24 —1 /24/2005
WITH THE HOUSTON-GALVESTON AREA COUNCIL, REGION 1 FOR THE HEALTH
INSURANCE BENEFITS. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2005-22 to include the 180 -day -out provision.
City Manager Bill Eisen stated this item relates to the cooperative agreement among
several cities in the area. It allows the City to potentially cooperate together with other
cities and jointly bid on health insurance. Hopefully displaying a larger number of
employees will help get the cost down. The agreement is proposed for the City to
participate in helping design the plan, bid the plans, and if the results are not liked, the
City is not obligated to move forward.
Councilmember Marcott asked if this is through Houston -Galveston Area Council
(HGAC) and not the individual cities.
City Manager Bill Eisen stated it is with the individual Cities, but HGAC is involved
because of joint bidding.
Burke Sunday of Sugarland stated the reason HGAC is involved is to add creditability to
the process. HGAC is a very fine organization. They also have extensive experience in
regard to Chapter 791, cooperative purchasing. Six to nine cities have been identified
to possibly join in the cooperative agreement.
Discussion ensued among Council, Staff, and Mr. Sunday regarding the cooperative
agreement.
City Manager Bill Eisen stated there is an insurance agent involved in the process.
Councilmember Cole asked for details on how the agent would be paid. He stated he
has some concerns regarding this joint agreement due to others cities with higher
insurance rates currently versus the City's low rates and past rates from previous years.
Additional discussion ensued among Council, Staff, and Mr. Burke regarding the
agreement and the process.
Councilmember Marcott asked for clarification regarding the reference to Region One.
Mr. Burke stated the Region is defined as Region One because there may be a time
that another cooperative agreement takes place and it could be possibly called region
two.
Additional discussion ensued among Council, Staff, and Mr. Sunday regarding the
cooperative agreement.
Page 21 of 24 — 1/24/2005
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTON NO. R2005-20 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE DIXIE FARM ROAD
SANITARY SEWER PROJECT. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2005-20.
City Manager Bill Eisen stated this is a sewer line for the entire length of the city limits
along Dixie Farm Road. This does exceed the original budgeted amount and those
reasons for this increased are recapped in the agenda request.
A brief discussion ensued among Council and Staff regarding the water and gas lines
within the area of the proposed construction and the timeframe of six to eight months for
the construction.
Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2005-19 — 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 ESPA
CORP FOR CONSTRUCTION INSPECTION SERVICES ASSOCIATED WITH THE
DIXIE FARM ROAD SANITARY SEWER PROJECT. Mr. Bill Eisen, City Manager.
Councilmember Marcott made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2005-19.
City Manager Bill Eisen stated this is a proposed contract for construction inspection
services of the previous discussed project. The fee for the services is $65,340.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Page 22 of 24 —1 /24/2005
Motion Passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 10:16 p.m.
to discuss the following:
NEW BUSINESS (CONTINUED):
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY:
REGARDING SETTLEMENT NEGOTIATIONS. Mr. Darrin Coker, City
Attorney.
2. SECTION 551.072 — REAL PROPERTY: DISCUSSION REGARDING
THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL
PROPERTY— "CITY FACILITIES." Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 10:40 p.m.
COUNCIL ACTION — REGARDING SETTLEMENT NEGOTIATIONS.
Mr. Darrin Coker, City Attorney.
No Council action taken.
COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE
OF REAL PROPERTY — "CITY FACILITIES." Mr. Darrin Coker, City Attorney.
No Council action taken.
ADJOURNMENT
Meeting was adjourned at 10:41 p.m.
Minutes approved as submitted and/or corrected
2005.
this the 24th day of January ,
Tom Reid
Mayor
Page 23 of 24 — 1/24/2005
ATTEST:
Page 24 of 24 —1 /24/2005