2005-08-29 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON AUGUST 29, 2005, AT 7:00 P.M., IN THE FIRST
FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND,
TEXAS.
Mayor Reid called the meeting to order at 8:55 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Kevin Cole
Councilmember
Richard Tetens
Councilmember
Woody Owens
Councilmember
Larry Marcott
Councilmember
Charles Viktorin
City Manager
Bill Eisen
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Others in attendance: Executive Director of Community Services Nick Finan; Executive
Director of Economic Development Corporation Fred Welch and Project Director Joe
Wertz.
PURPOSE OF THE MEETING:
COUNCIL ACTION — RESOLUTION NO. R2005-135 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
DEVELOPMENT AUTHORITY OF PEARLAND TO MAKE REIMBURSEMENT
PAYMENTS AS RECOMMENDED BY REINVESTMENT ZONE NUMBER TWO, CITY
OF PEARLAND, TEXAS. Mr. Darrin Coker, City Attorney.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Cole, to
approve Resolution No. R2005-135.
City Manager Bill Eisen stated that prior to any reimbursement being made to the
developer; there is a several step process. The first step is for the Tax Increment
Reinvestment Zone (TIRZ) Board to certify that the improvements have been made in
accordance to the plans and that those improvements are within the terms and
conditions that have been previously approved by the board. Once the TIRZ Board
approves that, the Council also authorizes the reimbursement. Finally, the Development
Authority of Pearland, which is scheduled to meet at 4:00 p.m. on August 30, 2005,
performs the financing function that authorizes the sale of bonds or reimburse with the
cash on hand, or both.
Councilmember Marcott asked why the interest is compounded through December 6,
2005.
Page 1 of 4 — 8/29/2005
Lynn Humphries, Allen Boone Humphries, LLP, stated December 6, 2005 is a projected
date of when the closing might occur for the Development Authority. This date could be
sooner or later.
Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2005-136 — 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 ENGINEERING SERVICES ASSOCIATED
WITH THE MAGNOLIA ROAD EXPANSION PROJECT (SEGMENT 5). Mr. Bill Eisen,
City Manager.
Mayor Pro -Tem Cole made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2005-136.
City Manager Bill Eisen stated this is the last and final engineering contract on the
Magnolia Extension Project; it involves the unfinished sections in the Silverlake area.
Councilmember Marcott asked if asphalt was being used where they are currently fixing
the road from the new feeder at SH 288 to CR 94.
City Manager Bill Eisen stated he thought the County was working on pulling that
together.
Discussion ensued between Councilmember Marcott and Project Director Joe Wertz.
Mayor Pro -Tem Cole asked if the actual construction would be done separately from the
rest of Magnolia.
Project Director Joe Wertz stated this is Phase 2 which will become Phase 1.
Voting "Aye" Councilmembers Viktorin, Marcott, Cole, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 943-12 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING FIGURE 7.2,
Page 2 of 4 — 8/29/2005
THOROUGHFARE PLAN, OF THE CITY'S COMPREHENSIVE PLAN AS A GUIDE
FOR PRESERVING A SENSE OF COMMUNITY, ATTRACTIVENESS AND SAFETY
IN PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A
REPEALER CLAUSE AND EMERGENCY CLAUSE; PROVIDING AN EFFECTIVE
DATE AND FOR CODIFICATION. Mr. Nick Finan, Executive Director of Community
Services.
Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Cole, to
approve Ordinance No. 943-12 on its first and only reading.
City Manager Bill Eisen stated the City Council held a Public Hearing on this early this
month. This action adds three connections to the Frontage Road on SH 288 on
southbound frontage road. In order for TxDOT to allow those connections, it will need
to be shown on the plan.
Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
Council adjourned into Executive Session under Texas Government Code at 9:15 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.072 — REAL PROPERTY: DISCUSSION REGARDING THE
SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY —
RIGHT-OF-WAYS. Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 9:38 p.m.
COUNCIL ACTION — RESOLUTION NO. R2005-134 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE ACQUISITION
OF REAL PROPERTY ASSOCIATED WITH THE MCHARD ROAD RIGHT-OF-WAY.
Mr. Darrin Coker, City Attorney.
Mayor Pro -Tem Cole made the motion, seconded by Councilmember Viktorin, to
approve Resolution No. R2005-134.
Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin.
Page 3 of 4 — 8/29/2005
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE
OF REAL PROPERTY —RIGHT-OF-WAYS. City Council.
Councilmember Tetens made the motion, seconded by Councilmember Marcott, to
authorize staff to move forward with the acquisition of right-of-way as discussed in
executive session.
Voting "Aye" Councilmembers Viktorin, Marcott, Cole, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
ADJOURNMENT
Meeting was adjourned at 9:40 p.m.
Minutes approved as submitted and/or corrected this the 10th day of October, 2005.
ATTEST:
n ���?unVg
Tom eid
Mayor
Page 4 of 4 — 8/29/2005