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R2003-0130 09-08-03 RESOLUTION NO. R2003-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION OF THE FITE/ FIGLAND/WAGON TRAIL/HATFIELD WATER AND SEWER PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City opened bids for construction of the Fite/Figland/Wagon Trail/Hatfield water and sewer project, and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to E. P. Brady in the amount of$1,266,180.03. Section 3. The City Manager or his designee is hereby authorized to execute a contract for construction of the Fite/Figland/Wagon Trail/Hatfield water and sewer project. PASSED,APPROVED and ADOPTED this the _ _ day of - _ - . _ __ , A.D., 2003. TOM REID MAYOR ATTEST: YOUNG LORFING, TRMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Associates, Inc. 07 August,2003 Mr. Joe Wertz City of Pearland 3519 Liberty Drive Pearland, TX 77581 • RE: Contractor Selection Recommendation Fite/Figland/Hatfield Water&Sewer Improvements (RFP No.: B2002-047) Dear Joe, After reviewing the ten (10)bid submittals for the referenced project,JKC recommends that the City consider extending a contract to E.P.Brady,Inc.for the bid amount of$1,266,180.30. E.P. Brady was the low bidder on this project,and has a satisfactory record of work on municipal - projects in the area. E.P. Brady recently completed the Shadow Creek Parkway Sanitary Trunk Line for the City of Pearland($1.9M Jan,01). JKC does not have direct experience with this firm,but our research of recent and current E.P.Brady clients leads us to believe they have the means and experience to provide these improvements in a timely and cost effective manner. We talked with the following individuals as references for E.P.Brady: City of Deer Park,Texas Mr. Fred Beck, Engineering Inspections(281)478-7278 E.P. Brady is currently working on a$5M sanitary sewer project for Deer Park. Mr.Beck gave them an excellent reference and had no concerns to share with Pearland. City of Tomball,Texas Mr.Bobby Sanders (281)351-5484 E.P. Brady recently completed a large sanitary trunk line serving Tomball's South WWTP. Mr. Sanders gave an excellent reference and stated the City would gladly use E.P.Brady on future projects. City of Houston,Texas Mr. John Hewitt,P.E. (Lockwood,Andrews&Newnam) (713)266-6900 E.P. Brady has completed numerous projects for the City of Houston's Surface Water Program ranging in values between 2.0M to$3.2M over the last several years. Mr.Hewitt stated that they look forward to working with E.P. Brady and have no concerns to share with Pearland. Please do not hesitate to call me at(281).332-1120 if you have any questions,comments or concerns. Sincerely, JKC&Associates, Inc. C112AgD • n Christian, P.E. c: File 01-0702 2820 Main St. • Dickinson,TX 77539•phone: (281)309-9100• FAX: (281)309-9300 FITEIWAGON.TRAIL/HATFIELD WATER & SEWER BID TABULATION Triple B Services EP. Brady Haddock Const Huff & Mitchell Vintage Contracting Colt Utilities Jlnwson Underground Pennstar Ina. Cabo Contracting Heyl Construction AVERAGE OF BIDDERS V UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST ITEM QTY UNITS UNIT COST TOTAL COST UNIT COST TOTAL COST SITE WORK Mobiizaiion 1 LS 2,500.00 2,500.00 3,250.00 3,250.00 1,000.00 1,000.00 32,000.00 32,000.00 34,000.00 34,000.00 26,250.00 26,250.00 34,000.00 34,000.00 27,169.00 27,169.00 40,000.00 40,000.00 33,000.00 33,000.00 23,316.90 23,316.90 Payment, Performance & Maint Bonds 1 LS 17,203.00 17,200.00 33,850.00 33,850.00 22_000.00 22,000.00 23,030.03 23,003.00 25,000.00 25 000.00 22,500.00 22,500.00 38,000.00 38,000.00 18,000.00 18,003.03 18,000.03 18,003.00 25,000.00 25,000.00 24,255.00 24,256.00 Trench Safety System 8,450 LS 0.15 987.50 1.10 7,095.00 200 12,900.03 5.00 32,250.03 0.10 845.00 0.53 3,41850 1.00 6,450.00 1 00 8,450.03 1.00 8,450.00 1.00 8,450.00 1 29 8,307.60 5,033.00 5,000.00 3,000.00 3,000.03 5,003.00 5,000.00 15,225.00 15,225.00 18,500.00 16,500.00 13,000.00 13,003.00 12,000.00 12,000.00 7,000.00 7,000.00 12,53250 12,53250 Traffic Control & Regulation 1 LF 43,100.00 43,100.00 5,500.00 5,500.00 3,030.00 3,030.00 11000.00 1,000.00 12,500.60 12 500.00 7,875,00 7,875.00 121030.00 12,000 CO 22500.00 2,503.00 1,503.03 1,500.00 4,000.00 4,000.03 5,227.50 5,227.50 Stamwatsr Pollution Prevention 1 LS 4,300.00 4,300.00 3,600.00 3,600 00 Trench Dewutering 2,804 LF 18.00 48,872.00 18.00 48,872.00 23.00 62,080.00 18.03 48,87200 18.00 48,87200 22.00 571288.00 18.00 48,87200 18.00 48,87200 18.00 48,872.00i 18.00 48,872.00 18.80 48,434.40 1,500.00 7,500.00 1,000.00 5,000.00 550.00 2,750.00 735.00 3,875.00 1,2100.00 8,000.00 900.00 4,500.00 900.2 4,500.03 1,00000 5,000.00 935.50 4,877.50 Seeding & Fertilang 5 AC 650.00 3,250.00 920.00 4,600.00 SUBTOTAL SITE WORK $116,169.50 S104,767.00 $103,460.00 $143,12100J 1126 767.00 $136,231.60 $159,622.00 $116,491.00 $129,322.00i 1127,322.00 $126,751.40 - PAVEMENT & DRAINAGE Restoration of Gravel Driveways 2,730 SY 13.00 35,490.03 6.10 18,853.00 7.00 19,110.00, 10.00 27,300.00 8.70 23,751.00 28.41 77,659.30 17.00 48,410.00 10.80 29,484.100 10.00 27,300.00 10.00 27,300.00 1210 33,035.73 . Reston/ton of Asphalt Dnveways 187 SY 24.00 4,488,00 32.30 8,040.10 15.00 2,805.00 40.00 7,480.03 9.00 1,683.00 36.75 6,87225 2200 4,114.00 24.00 4,488.00 15.00 2,805.00 30.00 5,810.00 24.81 4,838.54 Restoration of Concrete Dmrowaye 558 SY 83.00 21,762.03 43.10 24,049.80 29.00 16,18200 45.00 25,110.03 36.03 20 088.00 52.50 29 295.00 61.00 34 038.00 3600 19 530.00 40.00 22,320.03 50.00 27,900.00 43.06 24,027.48 5.00 97,030.00 6.00 97,000.00 4.00 77,600.00 3.20 62,080.00 6.00 97,000.00 6.00 97,000.03 4.00 77,600.00 3.00 58,200.00 3.99 77,309.00 Regrade 6csling Ditches 19,400 LF 3.60 87,900.00 216 41,710.00 1,030.00 4,000.00 800.00 3,200.00 800.00 3,200.00 840.00 3,360.00 900.00 3,600.00 1,000.00 4,000.00 1,200.03 4,800.00 1,300.00 5,200.00 953.50 3 814.00 Type A Grata Inlets 4 EA 1,050.00 4,200.00 845.00 2,580.00 36.00 5,760.00 35.00 5,600.00 18.00 2,880.00 42.72 6,835.20 37.00 5,920.00 25.03 4,000.00 38.00 6,080.00 31.00 4,960.00 31.47 5,035.52 160 LF 23.00 3,680.00 29.00 4,640.00 113' Storm Culvert 24" Storm Culvert 3,471 LF 30.00 104,130.00 35.36 122,699.85 42.00 145,781004 40.00 138,840.00 26.CO, 88,775.00 46.00 169,666.00 40.00 138,840.00 27.00 93,717.00 44.00 152,724 00 4200 146,782.00 37.14 128,895.59 30" Stam Culvert 58.75 48,989.00 50.00 41,400.00 36.0_0 29,808.00 50.88 42,128.84 55.00 45,540.00 44.00 38,43200 59.00 48,85200 51.00 42,228.00 48.87 40,297.10 828 LF 38 CO 31,484.00 48.05 38,129.40 $273,114.00 1266,60116 1346,930.00 j $246,766.00 1337,796.39 $376,462.00 1261,6431.00 S342,431.00 1317,180.00 1317,062.95 SUBTOTAL PAVEMENT $337,628.00 WATER 8' Gate Valves w/ boxes 12 EA 485.00 5,820.00 470.00 5,640.00 600 00 8,000.00 448.25 5,355.00 500.00 8,000.03 500.00 8,000.03 500.00 6,030.00 1,000.00 12,000.00 551.13 550.00 8,600.00 560.00 6,720.00 8,813.50 6" Gate Valves w/ boxes 840.00 640.00 370.00 370.00 375.00 375.00 35060 350.00 341.25 341.25 400.00 400.00 400.00 400.00 333.00 333 00 700.00 700.00 425.93 425.93 1 EA 350.00 350.00 Fire Hydrant Assemblies 12 EA 1,750.03 21,000.00 1,300.00 15,800.00 2100.00 25,200.00 2,1COM 25,200.00 1,450.SO 17,400.00 1,632.67 19,592.04 21,600.00 1,800.00 2 2,000.00 24,000.00 2,500.00 30,000.00 1,843.27 22,119.20 ,800.00 ,600.00 6" PVC Waterrune w/ fittings 14.00 74200 30.00 1,690 00 3200 1,696.00 57.36 3,039.66 27.00 1,431.03 18.03 964.03 67.00 3,021 00 37.00 1,961.00 3282 1,739.20 53 LF 32.00 1,696.00 23.80 1,261.40 20.00 139,360.00 3200 222 878 00 30.00 208,040.00 2213 154,201.84 29.00 202,072.00 24.00 187,23200 24.00 167,232.00' 41.00 285,888.00 25.12 175,057.06 8" PVC Waterline w/ fittings (open cut) 6,968 LF 13.50 94,068.00 15.60 108,700.80 8" PVC Water In Casing (auger) 75.00 5,850.00 80.00 6,240.00 70 00 5,460.00 64.35 5,019.30 79.00 6,162.00 67.00 5,226.00 84.00 7,332.00 120.00 9,360.00 8246 6,431.88 78 LF 93.00 7,254.00 82.25 6,415.50 17 PVC Waterline w/ fittings 45 LF 33.60 1,507.50 4240 1,908.03 35.00 1,576.00 40.00 1,803.03 49C0 2,205.00 39.35 1,770.76 41.00 1,845.00 40.00 1,800.00 41.00 1,845.00 66.00 2,520.00 41.73 1,877.63 9.00 8,120.03 18.00 12,240.00 8.50 5,780.00 9.45 8,426.00 10.00 8,800.03 21.00 14,280.00 4200 28,560.00, 5.00 3,400.00 13.00 8,836.130 6' Water (Remove & Dispose) 680 LF 3.50 2,380.00 3.50 2,380.00 350.00 350.00 7,000.00 7,000.03 3,000 CO 3,000.00 31213400 3,213.00 1,800.00 1,803.00 700.00 700.00 2,000.00 2,000.00 2,000.00 2,000.00 2,254.80 2,254.80 Cut-n 8'k8' Cross into Exdstkig 8" Water 1 EA 985.00 985.00 1,500.00 1,500.00 Extend 2" Temporary Waterline 1 LS 4,650.00 4,650.00 31276.00 3,275.00 8,160.00 8,160.00 1,000.00 1,000.00 4,000.00 4,000.00 2,976.76 2,976.75 44000.00 4,030.00 1,203.00 1,200.00 31000.00 3,000.00 2,000.00 2,000.00 3,426.18 3,426.18 450.00 450.00 200.00 200.03 300.130 300.00 288.75 288.75 400.00 400.00 200.00 200.03 500.00 500.00 400.03 400.00 359.38 359.38 1 EA 500.00 500.00 355.00 355.00 2" Blow -off Valves w/ boxes SUBTOTAL WATER 1140,210.30 $147,675.70 1114,777.00 1265,341.00 $255,231.00 $202,224.23 $252,610.00 1219,512000 $243,623.00 1350,029.00 $229,141.34 SANITARY SEWER Precast Concrete MH(0'-8'deep) 1,750.00 70,000.00 1,600.00 64,000.00 1,300.00 62000.00 1,266.26 50,610.00 1,600.00 64,030.00 1,800.03 72,000.00 2116000 88,400.00 2,000.00 80,000.00 1,777.53 69,101.00 40 EA 2,000.00 80,000.00 1,800.00 72,000.00 Precast Concrete MH (Extra Depth),_ 129 VF 68.00 8,772.00 128.00 18,254.00 103.00 12,930.00 60.00 7,740.00 70.00 9,030.00 89.31 11,520.90 100.00 12,900.00 100.00 12,900.00 52.00 6,708.00 100.00 12,900.00 88.53 11,162.50 8" PVC Sew pipe (0' - 8' Depth, open cut) 2,151 EA 28.00 60,228.00 28.35 60,980.85 120,456.00 33,89 40,869.00 19.00 40,869.00 27.30 58,722.30 26.00 55,926.00 56.00 72,897.39 33.00 70,283.00 19.00 39.00 83,889.00 30.95 66,582.05 8' PVC Sewer pipe (8' - 10' Depth, open cut) 2,522 EA 28.60 71,877.00 29.96 75,533.90 32.30 81,460.60 28.00 661672.00 62.00 166,364.00 38.27 96,516.94 40.00 100,880.00 25.03 63,060.00 22 00 65,484.00 40.00 100,880.00 34.40 /36,761.94 8' PVC Sewer pipe (10' -12' Depth, open cut) 575 LF 29.00 18,875.00 31.80 18,285.00 39.30 22,597.50 28.00 14,950.00 72.00 41,400.00 44.84 25,783.00 43.00 24,725.00 27.00 15,525.03 28.00 14,950.00 41.00 23,575.00 37.99 21,848.55 10' PVC Sewer Pipe (0' - 8' Depth, open cut) 3,537 EA 24.00 84,888.00 31.00 109,647.00 28 70 101,511.90 29.00 102,573.00 58.00 205,148.00 36.35 128,589.95 35.00 123,795.00' 19.00 87,203.00 27.00 95,499.00 41.00 145,017.00 32.91 118,384.99 12° PVC Sewer pipe (8' - 10' Depth, open cut) 416 EA 34.00 14,144.00 34.55 14,372.80 35.00 14,560.00 46.00 19,136.00 67.00 271872.00 42.83 17,817.28 43.00 17,888.00 24.00 9,984.00 34.00 14,144.00 46 00 19,136.00 40.64 16,905.41 4200 24,024.00 48.00 26,31200 73.00 41,758.03 46.72 26,151.84 48.00 28,312.00 33.00 18,878.03 37.00 21,184.00 47 00 28,884.00 M.16 25,252.08 17 PVC Sewer ppe (10' -17 Depth, open cut) 672 LF 35.00 20,020.00 38.75 21,021.00 24' PVC Sever pipe (18' - 18' Depth, open cut) 975 LF 107.00 104,325.00 60.75 59,231.25 90.00 87,750.00 110.00 107,250.03 135.00 131,626.00 78.99 75,065.25 101.00 98,475.00 81.00 78,975.00 70.03 88,250.00 96.00 93,600.00 9277 90,454.65 24' PVC Sewer pipe (18' - 20' Depth, open cut) 216,380.00 85.74 119,693.04 81,00 113,076.00 1,396 IF 108.00 150,768.00 65.95 92,066.20 90.00 125,640.00 110.00 153,560.00 155.00 117.00 163,33200 137.00 191,252.00 119.00 166,124.00 106.87 149,189.12 17 Steel pipe (all depths open cut) 40.00 4,800.00 150.00 18,000.03 110.00 13,200.00 81 33 9,759.60 90.00 10,800.00 46.00 6,400.00 170.00 20,400.00 128.00 16,360.00 98.91 11,868 56 120 LF 100.00 12,000.00 74.80 8,976.03 _ 8' PVC Sewer in Cas ng (auger) 115 LF 180.00 20,700.00 108.60 12,489.00 70.00 8,050.00 110.00 12,850.03 82.00 9,430.00 82.99 9,543.85 93.00 10,695.00 73.00 8,395.00 94.03 10,810.00 125.00 14,375.00 101.88 11,713.79 10" PVC Sewer In Casing (auger) 6,388.25 80.00 4,400.00 150.00 8,250.00 103.00 5,665.00 94.54 5,199.70 86.00 4,730.03 70.00 3,850.00 100.00 5,503.03 155.00 8,525.00 106.97 5,883.30 55 LF 115.00 6,325.00 116.15 17 PVC Sewer in Cas ng (auger) 95.00 16,340.00 200.00 34,403.00 93.00 16 480.00 96.64 16 62208 106.00 18 23203 90.00 16 480.00 105.00 18,060.00 165.00 28,380.00 121.34 20,871.17 172 LE 140.00 24,080.00 126.80 21,637.60 24 PVC Sewer in Casing (auger) 200.00 48,600.00 470.00 109,510.00 250.00 58,250.00 208.91 48,678.03 317.00 73,881.00 248.00 57,318.00 403.03 93,200.00 280.00 135,240.00 324.71 75,657.88 233 LF 488.00 113,704.00 387.20 90,217.60 Drop Piping at Manhole 4 EA 425.00 1,700.00 185.00 740.00 500.00 2,000.00 250.00 1,000.00 180.00 720.00 389.55 1,558.20 500.00 2,000.00 400.00 1,600.00 450.00 1,800.00 1,000.00 4,000.00 427,96 1,711.82 Modify Existing Manhole 1 EA 1,300.00 ,300.00 780.00 780.00 2,003.00 2,000.00 1,003.00 1,000.00 2,200.03 2,200.03 2,189.25 2,189.25 900.00 900.00 11900.00 1,900.00 2,300.00 2,300.00 1,500.00 1,500.00 1,606.93 1,608.93 Twin 8" Forcemain 1 EA 360.03 380.00 776.00 776.00 1,500.00 1,600.00 300.00 300.00 200.00 200.00 1,050.03 1,060.00 800.00 800.00 1,300.03 1,300.00 760.00 750.00 2,000.00 2,000.00 903.50 903.60 Service Stacks 25 EA 825.00 20,625.00 330.00 8,250.00 600.00 15,000.00 500.00 12,500.03 450.00 11,250.00 768.25 19,206.25 800.00 15,000.00 700.00 17,500.00 703.03 17,500.00 400.00 10,000.00 587.33 14,t383.13 Relocate Existing 7 Forcemeins to new Sewer 1,000.00 4,003.00 300.03 1,200.00 1,10000 4,400.00 1,312.50 5,250.00 2,600.00 10,400.03 1,900.00 7,600.00 2,000.03 8,000.00 500.00 2,000.00 1,20225 4,809.00 4 EA 650.00 2,600.00 660.00 2,640.00 Long ser ice leads 34 EA 900.00 30,600.00 1,150.00 39,100 00 1,003.00 34,000.00 903.00 30,600.00 1,216.90 41,340.60 1,000.03 34,030.03 830.00 27,200.00 1,040.00 36,360.03 900.00 30,600.00 1,063.59 36,162.06 1,730.00 68,820.00 Short service leads 55 EA 365.00 20,075.00 470.00 25,850.00 500.00 27,500.00 200.00 11,000.03 350.00 19,260.00 492.45 27,084.75 400.00 22,000.03 300.00 18,500.03 530.00 29,160.00 300.00 18,500.00 390.75 21,490.98 1790,176.30 $860,629.00 11,172,674.00 1312,103 99 1906,7011.00 1734,677.00 17691374.00 1950,465.00 1661,003.07 SUBTOTAL SANITARY $186,76&00 $767,235.46 11,397,260.00 $1,266,110.30 $1,/28,061.30 $1,635,22200 11,100,457.00 $1,534,353.11 $1,694,50200 $1,361,411.00 11,475,000.00 11,743,016.00 $1,533,946.77 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON SEPTEMBER 29, 2003, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Richard Tetens Charles Viktorin Woody Owens Larry Marcott Klaus Seeger Bill Eisen Darrin Coker Young Lorfing Others in attendance: Deputy City Manager Alan Mueller; Executive Director of Community Services Tobin Maples; Executive Director of Economic Development Corporation Fred Welch; City Engineer Doug Kneupper; Public Affairs Liaison Lynn Munford; Director of Finance Mary Ross; Public Works Director Jerry Burns; Project Director Joe Wertz•, Assistant Police Chief Johnny Spires. The invocation was given by Councilmember Viktorin, and the Pledge of Allegiance was led by Fire Marshal Steve Chapman. MAYOR'S ACTIVITY REPORT Mayor Reid reported on September 9 he spoke at the Tri -County Republican Women's Association and attended a Ribbon Cutting Ceremony for Shadow Creek Ranch transfer of Parkland to Pearland; September 10 he attended a Legislative Breakfast for Southeast ECO Development Corporation and a Salute to Industry Luncheon; September 11 he met with HGAC Seniors Coordinator, met with Dan Martin, CEO of Southeast Memorial Hospital, and attended a PEDC After Hours Forum; September 15 he met with Actions of Brazoria County; September 16 attended an HGAC Monthly Board of Directors Meeting, and a Ribbon Cutting Ceremony for Capital Bank; September 17 he attend a United Way Luncheon Event; September 18 he attended a Brazoria County Cities Association Monthly Meeting, an Adult Reading Center/Workforce Commission Meeting, an Agenda Meeting, the Gulf Coast Water Authority Board of Directors Meeting, and a Bay Area Transportation Partnership Board of Directors Meeting; September 20 he attended an Adult Reading Center Fund Raiser and the National Kid's Day Event; September 24-27 he attended the Texas Association of Regional Councils. Mayor Reid and Mayor Pro -Tem Tetens presented a proclamation to Fire Marshal Steve Page 1 of 20 — 9/29/2003 Chapman, John Durham, and two Pearland Volunteer Fire Fighters and proclaimed October 5-11, 2003 as "Fire Prevention Week". A brief introduction of the Representatives of the Volunteer Fire Department was given, and a representative stated it is an honor to serve the citizens of Pearland. COUNCIL ACTIVITY REPORTS Council passed on giving their reports. CITY MANAGER'S REPORT City Manager, Bill Eisen, reminded everyone of the Annual Meet the City event which would be held on October 11, 2003, at City Hall. CITIZENS Andy Weirauch, 2927 Gorom Ct., addressed Council and stated he opposes the proposed expansion of Magnolia/Southfork. He stated he has been a resident of Pearland for nine months. Before moving to Pearland, his family resided in an apartment on Allen Parkway, West of Downtown. Mr. Weirauch stated they moved from the area due to issues regarding schools, safety, area problems, and traffic. He stated the community of Silverlake was the community chosen by his family. He stated his family was very disappointed when they were informed about the proposed thoroughfare project. He stated a search to stick with the original thoroughfare plan was sought out by the Silverlake community. He encouraged Council to continue their efforts in finding a better solution. Tom Pool, 2120 Country Club, addressed Council and stated he has concerns regarding the proposed thoroughfare. He stated he resides on the opposite side of town away from the proposed project and would not utilize this road on a daily basis. Mr. Pool stated he thinks the road is needed for the improvement of Pearland. He stated the most appropriate road needs to be used. He stated his concerns for the people of"Silverlake and the people of Pearland. Michael Klaus, 5016 Groveton, addressed Council and stated he attended the SH 288 Corridor meeting and has concerns. His concerns are regarding the FM 518 study, the speed limit for the proposed Magnolia/Southfork extension, and the problems along Bailey Road. Mr. Klaus suggested a thorough study conducted for the area of Pearland and its roadways. He stated funds from the Barry Rose and Yost project could be used to help the issue of locating the proper place for a major thoroughfare in Pearland. DOCKETED PUBLIC HEARING: None Page 2 of 20 — 9/29/2003 CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the April 21, 2003, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the September 8, 2003, Public Hearing held at 7:00 p.m. 3. Minutes of the September 8, 2003, Regular Council Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-673 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 8.84 ACRES, TRACT NO. 17 OF THE H.T.& B.R.R. COMPANY SURVEY, ABSTRACT 309, BRAZORIA COUNTY, TEXAS (SOUTH SIDE OF FM 518, AND WEST OF CULLEN BOULEVARD) (APPLICATION NO. 1120) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF CHENG-HUEY SU, TRUSTEE, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-674 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 477.63 ACRES, SITUATED IN THE H.T. & B.R.R. COMPANY SURVEY, SECTION 80, ABSTRACT 564, AND THE H.T. & B.R.R. COMPANY SURVEY, SECTION 84, ABSTRACT 538; AND LOTS 1 THROUGH 8, 11 THROUGH 18,20 THROUGH 26, 28 THROUGH 31, THE WEST 1/2 OF LOT 33, 34, 37, 38, 44, 45, 52 THROUGH 55; AND LOT 56 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED BETWEEN COUNTY ROAD 92 AND COUNTY ROAD 59, AND ON THE EAST AND WEST SIDES OF COUNTY ROAD 48) (APPLICATION NO. 1122) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD), ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (R -E), AND SINGLE FAMILY DWELLING DISTRICTS (R-1 AND R-2) TO PLANNED UNIT DEVELOPMENT (PUD) AT THE REQUEST OF JAMES JOHNSON, AGENT LESLIE A. SCIONEAUX; ONE TWENTY-NINE, LTD.; JOHN B. AND MEREDITH Page 3 of 20 — 9/29/2003 BRIGGS; AUDREY C. MCLOSKEY AND ROBERT E. MITCHELL, JR., TRUSTEE; RHC/EDGEWATER, LTD.; F. CARRINGTON WEEMS II, F. CARRINGTON WEEMS III, AND ALEXANDRA L. WEEMS; HEART -EYE LAND COMPANY; AND MAURA A. HARDCASTLE AND MARION A. WATSON, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-675 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 2.96 ACRES, OUT OF TRACT NO. 32 OF THE ALLISON RICHEY GULF COAST COMPANY SUBDIVISION, SECTION 20, F.B. DRAKE SURVEY, ABSTRACT 506, BRAZORIA COUNTY, TEXAS (1833 HILLHOUSE ROAD) (APPLICATION NO. 1119) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (R -E) AT THE REQUEST OF PAUL RIDGWAY, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1128 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, FINDING THAT THE CITY HAS ESTABLISHED GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT PURSUANT TO RESOLUTION NO. R2003-121; DESIGNATING AND DESCRIBING A REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT ZONE #10), IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT; FINDING THAT THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD BE A BENEFIT TO THE LAND TO BE INCLUDED IN THE ZONE AND THE MUNICIPALITY AFTER THE EXPIRATION OF THE TAX ABATEMENT AGREEMENT; AUTHORIZING THE CITY MANAGER TO SIGN TAX ABATEMENT AGREEMENTS WHEN APPROVED BY THE CITY COUNCIL; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Page 4 of 20 — 9/29/2003 F. CONSIDERATION AND POSSIBLE ACTION — EXCUSE ABSENCE OF COUNCILMEMBER CHARLES VIKTORIN FROM THE REGULAR MEETING HELD ON SEPTEMBER 8, 2003. City Council. G. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF THE VILLAGES AT MARY'S CREEK SECTION TWO PHASE ONE. Mr. Doug Kneupper, City Engineer. H. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF SUNRISE LAKES SECTION SIX. Mr. Doug Kneupper, City Engineer. I. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF SHADOW CREEK RANCH SF -18A. Mr. Doug Kneupper, City Engineer. J. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF SHADOW CREEK RANCH SF -18B. Mr. Doug Kneupper, City Engineer. K. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1129 - 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. 1130 - 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. Page 5 of 20 — 9/29/2003 M. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-134 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CERTIFYING COMPLIANCE WITH CHAPTER 395 OF THE LOCAL GOVERNMENT CODE AS IT APPLIES IMPACT FEES. Mr. Bill Eisen, City Manager. N. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-131 - 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 PATILLO, BROWN, & HILL, L.L.P., FOR EXTERNAL AUDITING SERVICES. Mr. Bill Eisen, City Manager. O. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-142 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING AN AMENDED INVESTMENT POLICY IN ACCORDANCE WITH CHAPTER 2256 OF THE GOVERNMENT CODE ("PUBLIC FUNDS INVESTMENT ACT"). Mr. Bill Eisen, City Manager. Councilmember Marcott asked that Consent Agenda Item C be removed from the Consent Agenda for further discussion. Councilmember Viktorin made the motion, seconded by Councilmember Owens, to adopt Consent Agenda Items A through O with the exception of item C, as presented on the Consent Agenda. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-674 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 477.63 ACRES, SITUATED IN THE H.T. & B.R.R. COMPANY SURVEY, SECTION 80, ABSTRACT 564, AND THE H.T. & B.R.R. COMPANY SURVEY, SECTION 84, ABSTRACT 538; AND LOTS 1 THROUGH 8, 11 THROUGH 18, 20 THROUGH 26, 28 THROUGH 31, THE WEST 1/2 OF LOT 33, 34, 37, 38, 44, 45, 52 Page 6 of 20 — 9/29/2003 THROUGH 55; AND LOT 56 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED BETWEEN COUNTY ROAD 92 AND COUNTY ROAD 59, AND ON THE EAST AND WEST SIDES OF COUNTY ROAD 48) (APPLICATION NO. 1122) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD), ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (R -E), AND SINGLE FAMILY DWELLING DISTRICTS (R-1 AND R-2) TO PLANNED UNIT DEVELOPMENT (PUD) AT THE REQUEST OF JAMES JOHNSON, AGENT LESLIE A. SCIONEAUX; ONE TWENTY-NINE, LTD.; JOHN B. AND MEREDITH BRIGGS; AUDREY C. MCLOSKEY AND ROBERT E. MITCHELL, JR., TRUSTEE; RHC/EDGEWATER, LTD.; F. CARRINGTON WEEMS II, F. CARRINGTON WEEMS III, AND ALEXANDRA L. WEEMS; HEART -EYE LAND COMPANY; AND MAURA A. HARDCASTLE AND MARION A. WATSON, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Viktorin made the motion, seconded by Councilmember Owens, to adopt Consent Agenda Item C, as presented on the Consent Agenda. City Manager, Bill Eisen, stated this case involves a proposed developer of Southern Trails. Councilmember Marcott asked for the information that was revised and stated his concerns regarding the Residential Estate classification. James Johnson, 900 Apollo Lane, Houston, Texas, addressed Council and stated the only revision made was in the two cross-sections. He stated previously the diagram showed a six -feet walk, and it was changed to reflect an 8 -feet walk in each cross- section. Councilmember Marcott stated he is still concerned about the Residential Estate classification that was passed over. James Johnson stated the project is large and has a large scope of different sized homes. He stated there has been an interest from builders in building several large lot homes. Mr. Johnson stated he thinks Council will be very pleased with the final product. Mayor Reid stated he thinks there is a large market for large lot homes. Councilmember Marcott stated builders are now trying to put large homes on small lots -- and that leaves no green space. His concerns are regarding the environment and areas with no play space for the children. Page 7 of 20 — 9/29/2003 James Johnson stated he is in the process of making a land swap in the area and in the near future may come before Council amending the current boundaries set forth in the document being considered tonight. He stated this would allow a Park Dedication to the City for a Public Park near Kirby Drive. Councilmember Seeger asked for a classification of the term net acre. James Johnson stated a net acre is strictly developable land for a single-family component. He stated residential streets are included. Mr. Johnson stated land is also set aside for the future extension of FM 518 and is shown on the land use table. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS FIRST READING OF ORDINANCE NO. 509-676 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 0.759 ACRES, RESERVE H, OUT OF THE VILLAGES AT MARY'S CREEK, SECTION 1, PHASE 1, BRAZORIA COUNTY, TEXAS (2945 AUBURN WOODS DRIVE) (SPECIFIC USE APPLICATION NO. 128) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-1) TO SINGLE FAMILY DWELLING DISTRICT — SPECIFIC USE (R -1(S)) FOR A SOCIAL AND RECREATIONAL BUILDING, WITH HEAD -IN PARKING AT THE REQUEST OF KEVIN PRICE, AGENT FOR VMC PARTNERS, LTD., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Owens made the motion, seconded by Councilmember Viktorin, to approve Ordinance No. 509-676 (Application No. 128) 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. 128. City Manager, Bill Eisen, stated the proposed specific use permit would allow parking in front of a recreational facility, part of a subdivision. Page 8 of 20 — 9/29/2003 Mayor Reid stated handicapped parking would be very beneficial and appropriate for this recreational facility. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-677 — 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 LOT 33 OF FIGLAND ORCHARD SUBDIVISION NO. 1, BRAZORIA COUNTY, TEXAS (FITE ROAD NEAR WAGON TRAIL ROAD) (APPLICATION NO. 1125) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF BRIAN WILLIAMS, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-677 (Application No. 1125) 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. 1125. City Manager, Bill Eisen, stated this item would allow for the construction of one single- family home. Voting "Aye" Councilmember Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-678 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 0.7023 ACRES OF LAND, BEING Page 9 of 20 — 9/29/2003 LOT 3 OF AN UNRECORDED SUBDIVISION OF 9.83 ACRES OF LAND, BEING LOT 20 OF THE ALLISON RICHEY GULF COAST HOMES SUBDIVISION IN SECTION 9, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT NO. 234, BRAZORIA COUNTY, TEXAS (2001 MAX ROAD) (APPLICATION NO. 1124) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF YASMIN ALLAHAR WAXALI, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-678 (Application No. 1124) 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. 1124. City Manager, Bill Eisen, stated this item is on an existing residential property, and the zoning change would bring the property into compliance with the Zoning Ordinance. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-679 — 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 1.7992 ACRE TRACT OF LAND KNOWN AS LOT 12 OF BETHEL SUBDIVISION, SECTION 2, AN UNRECORDED SUBDIVISION OF 25.9538 ACRES OF LAND, OUT OF LOTS 39, 40, 55, AND 56 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 19, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 243, BRAZORIA COUNTY, TEXAS (13910 STONE ROAD) (APPLICATION NO. 1123) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (R -E) AT THE REQUEST OF FELIPE A. AND MELVA GONZALEZ, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Page 10 of 20 — 9/29/2003 Councilmember Seeger made the motion, seconded by Councilmember Viktorin, to approve Ordinance No. 509-679 (Application No. 1123) 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. 1123. City Manager, Bill Eisen, stated approval of the Ordinance would allow for the construction of one single-family home. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2003-136 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT AMENDMENT WITH S & B INFRASTRUCTURE, LTD., FOR ENGINEERING SERVICES ASSOCIATED WITH UTILITY RELOCATIONS FOR THE STATE HWY 35 SOUTH/MAGNOLIA SEWER IMPROVEMENTS. Mr. Bill Eisen, City Manager. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2003-136. City Manager, Bill Eisen, stated previously City Council action approved an engineering contract for some improvements to sewer lines. He stated in reaching the engineering designs of the sewer lines, an evaluation has been made along with the adoption of the new waster water plan for the City. This evaluation showed that a larger line then originally intended is needed. The engineering fees being considered at this point are for the engineering of the larger line. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2003-137 - 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 S & B INFRASTRUCTURE, LTD., FOR PRELIMINARY ENGINEERING SERVICES ASSOCIATED WITH THE STATE HWY 35 SOUTH SEWER PROJECT. Mr. Bill Eisen, City Manager. Page 11 of 20 — 9/29/2003 Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2003-137. City Manager, Bill Eisen, stated this item provides the preliminary engineering services in association with the section of proposed sewer construction from Magnolia Road to Cowards Creek. Joe Wertz, Project Director, stated the Magnolia project existed previously, and this project was not in conjunction with the Magnolia Project because of that reason. He stated the PEDC Project on Hwy 35 is brand new. A brief discussion ensued among Council and Staff regarding the funding for the project. Clarification was given to Council from. Staff stating both projects would be combined in funds. The first project is solely impact fee funds, and the second project is PEDC funds and an impact fee funds jointly. Councilmember Marcott asked about the length of the project. Joe Wertz, Project Director, stated the project would be approximately 23 months. Councilmember Marcott asked about the needs that are currently being met for the projects. Joe Wertz, Project Director, stated waterline construction is taking place. The goal is to accomplish the mission of the master wastewater plan to help pick up and eliminate some of the lift stations for that area. City Manager, Bill Eisen, stated the primary interests of the sewer line project was to provide some opportunities for industrial zoning in the area. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting 14o" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2003-138 - 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 C. L. DAVIS & COMPANY FOR SURVEYING SERVICES ASSOCIATED WITH THE STATE HWY 35 SOUTH SEWER PROJECT. Mr. Bill Eisen, City Manager. Page 12 of 20 — 9/29/2003 Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2003=138. City Manager, Bill Eisen, stated this item concerns the same project as the previous item. He. stated this is relating to a different aspect of the engineering services. The services are associated with the SH 35 sewer line project. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-140 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE NORTHERN - BRAZORIA COUNTY EMERGENCY RADIO GROUP FOR COMMUNICATION SERVICES ASSOCIATED WITH EMERGENCIES AND PREPAREDNESS TRAINING. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Councilmember Viktorin, to approve Resolution No. R2003-140. City Manager, Bill Eisen, stated this item is regarding a Memorandum of Understanding with an Amateur Radio Club that serves the area. The club has offered its assistance to the City in assisting with radio communication problems during an emergency. He stated there has been a long relationship between the company and the City. Based upon the good history with the company, this Memorandum of Understanding would formalize that relationship. Mayor Reid stated he attended a nationwide rally for radio operators. During that event the operators were communicating back and forward and around the world. The Amateur Radio Club has done a very vital part of the City's Emergency Management System. He stated during a previous hurricane, all of the towers were out, and the radio club provided assistance with the City's communication needs during that time. It is very appropriate for the City to enter into a formal understanding with the radio club in working together with emergency management needs. Mayor Reid stated in the past, all of the City Managers, with exception of the current City Manager, have been a part that club. There is an unofficial relationship between the City and the Amateur Radio Club. Councilmember Marcott stated the Memorandum of Understanding is appropriate considering the events that just took place in the Carolinas and Virginia. He stated people who donate their time and services to the betterment of the community should Page 13 of 20 — 9/29/2003 be commended. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2003-133 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE CLEAR CREEK CHANNEL BANK STABILIZATION PROJECT. Mr. Bill Eisen, City Manager. Councilmember Seeger made the motion, seconded by Councilmember Marcott, to approve Resolution No. R2003-133. City Manager, Bill Eisen, stated Agenda Item No. 9 (Resolution No. R2003-133) and Agenda Item No. 10 (Ordinance No. 1076-4) are related and he would address both at this time. The items are regarding considerable erosion in Clear Creek. That erosion could cause substantial damage to the Waste Water Treatment Plant. He stated the actual proposal for Agenda Item No. 9 (Resolution No. R2003-133) is for the reconstruction of the bank in order to resolve the erosion issue. He stated the amount budgeted is more than the amount allocated for the project. Agenda Item No. 10 (Ordinance No. 1076-4) would allow the remaining funds to be spent from that source for this budget year, and the remaining amount would come from a reallocation of expenditures within the new fiscal year budget to make up the difference. The two items would allow the construction to start and a budget amendment to move those funds around. Councilmember Owens asked if Agenda Item No. 10 (Ordinance No. 1076-4) is not approved than Agenda Item No. 9 (Resolution No. R2003-133) could not take place. City Manager, Bill Eisen, stated this would be the option to have the funds for the project. Councilmember Marcott asked for the starting date and length of the project. Jerry Burns, Public Works Director, stated the project would start in approximately two weeks. The project would take 60 days to complete. He stated the company specializes in creek and bank stabilization. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Page 14 of 20 — 9/29/2003 Motion Passed 5 to 0. FIRST AND ONLY READING ORDINANCE NO. 1076-4 - AN ORDINANCE OF THE CITY COUNCIL OF .�TCITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 1076, TFftl"2002-2003 ANNUAL BUDGET ORDINANCE, BY AUTHORIZING CERTAIN AD0I,TI6NS TO THE CAPITAL PROJECTS FUND FOR MUNICIPAL PURPOSES; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO FACILITATE THE CHANGES IDENTIFIED HEREIN WITHOUT FURTHER APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ADJUST THE CITY BUDGET INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Bill Eisen, City Manager. Councilmember Viktorin made the motion, seconded by Councilmember Marcott, to approve Ordinance No. 1076-4 on its first and only reading. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2003-130 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION OF THE FITE/FIGLAND/WAGON TRA UHATFIELD WATER AND SEWER PROJECT. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to pass Resolution No. R2003-130 to a future agenda. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2003-135 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A PAYMENT IN LIEU OF TAXES AGREEMENT WITH 288-10, LTD. Mr. Bill Eisen, City Manager. Page 15 of 20 — 9/29/2003 Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Viktorin, to approve Resolution No. R2003-135. City Manager, Bill Eisen, stated this item involves a tract of land approximately 20 acres located near the intersection of SH 288 and County Road 59. He stated it is a part of Municipal Utility District No. 6. A developer proposes to develop this property for commercial purposes. The City, at this time, does not have water and sewer service available for the area and the developer is requesting not to be annexed by the City at this time; however, he is requesting to be annexed into Municipal Utility District No. 6 in order to have water and sewer services. Councilmember Marcott asked if in lieu of taxes also include the build up value of any buildings expected to go on the property. City Manager, Bill Eisen, stated the definition of the payment term is the value assigned to the property in each and every year by the Appraisal District. This would include any improvements to the property. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-139 - 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 MWH AMERICAS FOR ENGINEERING SERVICES ASSOCIATED WITH THE INSTALLATION OF A SCADA SYSTEM. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Viktorin, to approve Resolution No. R2003-139. City Manager, Bill Eisen, stated City Council held a workshop regarding the SCADA Program, and the engineers presented information on the project. This item would allow an engineering services contract for the phase one portion of the SCADA System. The amount budgeted is for this portion only, and the expenditure amount is for the full length of the project. Phase One relates to key elements of the City's waste water system as well as some of the initial system designs. The source of funding would be from the remaining funds left over from the SWEC project. Mayor Reid asked for the number of Cities that have already implemented this process. City Manager, Bill Eisen, stated there is a number of cities in the area with the company, Page 16 of 20 — 9/29/2003 but is not sure of the procedures. Councilmember Owens asked if this was a local company. Public Works Director, Jerry Burns, stated this is a local company. Councilmember Marcott stated during the workshop, he commented on the amount of money for the project. He asked if there is a .possible chance of the amount being lowered. Jerry Burns, Public Works Director, stated the amount being lowered is a possibility. He stated in the Third Phase of the program the total amount of $3.6 million includes all 70 lift stations. He stated the master plan shows the elimination of some lift stations within the next 3 to 4 years. Councilmember Marcott asked if any other bids would be generated because of this system. Jerry Burns, Public Works Director, stated this includes all the equipment, engineering, and fee, from start to finish. Mayor Reid stated this is a project that would help homeland security. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1131 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT ELECTRIC SERVICE LINE INTO A UTILITY EASEMENT. Mr. Darrin Coker, City Attorney. Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Tetens, to approve Ordinance No. 1131 on its first reading. City Manager, Bill Eisen, stated this request is from a residential property owner. The owner wants to install a swimming pool. A portion of the electrical wiring for the pump and pool system would need to be placed on part of the City's utility easement. The standard Utility Encroachment Agreement is attached and would be required from the property owner. City Attorney, Darrin Coker, stated a fee assessment has been discussed in the past Page 17 of 20 — 9/29/2003 regarding the Waiver of Encroachment. He suggested for any future encroachment waivers, a fee schedule update to the development fee schedule should take place. An update to the fee schedule could include a fee for Waivers of Encroachment. Councilmember Marcott asked about the input of a fee schedule after placing this item on the agenda. City Attorney, Darrin Coker, stated the waiver was requested to him on the jobsite by the inspector. The recommended Waiver of Encroachment was then presented to City Council. Councilmember Marcott asked about the waiver request after the job was completed. Timothy Bassett, Centurion Electric, addressed Council and stated the company was hired to install a swimming pool for the property owner. He stated before doing that, the service had to be rerouted. He stated the service is the main electrical line that comes to the house from the transformer. The service ran through the center of the swimming pool and had to be rerouted to align with one side of the fence on the backside. In order to stay within code, the service could not run within 5 feet of the waterline. He stated this is why the Waiver of Encroachment is needed. City Attorney, Darrin Coker, stated this was the solution provided by the City's inspector. He asked for clarification regarding an amendment to the development fee schedule. Council requested the City Attorney to bring forward a future workshop to discuss the fee schedule amendment. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2003-143 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE PEARLAND ECONOMIC DEVELOPMENT COPORATION TO ENTER INTO AN ENGINEERING CONTRACT WITH TURNER, COLLIE AND BRADEN FOR PRELIMINARY ENGINEERING SERVICES ASSOCIATED WITH THE EXTENSION OF KIRBY DRIVE. Mr. Fred Welch, Executive Director of Economic Development Corporation. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2003-143, contingent upon engineering firms being selected as discussed by City Manager. Page 18 of 20 — 9/29/2003 —� City Manager, Bill Eisen, stated the Economic Development Corporation has agreed to provide funding for the extension of Kirby Road just South of the Creek to Beltway 8. The water and sewer would also be included to run along that same stretch of road. Council is being asked to ratify the action of the Economic Development Corporation to hire Turner, Collie and Braden for engineering services. He stated there is one issue pending regarding engineering firms, but request Council to consider the item with that issue pending. Councilmember Marcott asked for the definition of a three span bridge. City Manager, Bill Eisen, stated it is a bridge built into the entire link of the creek Deputy City Manager, Alan Mueller, stated there would be two piers and two wing walls, making three gaps between those. Councilmember Owens asked for an update on the project. Fred Welch, Executive Director of Economic Development Corporation, stated the City is currently working with the developer for the marketing for the park itself. He stated two commitments have been made for the building. In order for the building to start and be completed by the end of 2005, the City will need to start construction with Kirby Drive extension in early 2004. Marketing will continue at the present time, and the overseas tour starts next week in Germany. In January or February the Economic Development Corporation should be in a position to make a formal announcement. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2003-132 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE BRAZORIA COUNTY APPRAISAL DISTRICT. Mr. Bill Eisen, City Manager. Passed with no council action. COUNCIL ACTION — RESOLUTION NO. R2003-141 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT AMENDMENT WITH ECO RESOURCES, INC., FOR PROVISION OF METER READING SERVICES. Mr. Bill Eisen, City Manager. Page 19 of 20 - 9/29/2003 Councilmember Owens made the motion, seconded by Councilmember Viktorin, to approve Resolution No. R2003-141. City Manager, Bill Eisen, stated this item is similar to a previous item submitted to Council a few months ago. The item is regarding the installation of a new meter reading system, and a small amount has not been installed. The request is for an amendment to the agreement allowing ECO Resources to complete the installation of the new meter reading system. He stated at some future point ECO Resources would not be needed to read the meters, and an update would be given to Council. Mr. Eisen stated there were previous issues regarding misread meters, but those issues have been resolved. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: ADJOURNMENT Meeting was adjourned at 8:55 p.m. Minutes approved as submitted and/or corrected this 13th day of October , A.D., 2003. L4 Tom Reid Mayor ATTEST: Page 20 of 20 — 9/29/2003