R2003-0132 10-13-03-NO ACTION TAKEN 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.
WHEREAS, those eligible taxing units participating in the Brazoria County
Appraisal District have the right and responsibility to elect one person to the board
of directors of the Brazoria County Appraisal District for a term of office
commencing on January 1,2004, and extending through December 31,2005; and
WHEREAS, this governing body desires to exercise its right to nominate a
candidate for such position on said board of directors; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the facts and recitations set forth in the preamble of this
resolution be, and they are hereby, adopted, ratified, and confirmed.
Section 2. That Dennis Frauenberger and Jo Knight, are hereby, nominated as
candidates for the position on the board of directors of the Brazoria County Appraisal
District to be filled by those eligible taxing units participating in the Brazoria County
Appraisal District for a two year term of office commencing on January 1,2004.
Section 3. That the presiding officer of the governing body of this taxing unit be,
and that he or she is hereby, authorized and directed to deliver or cause to be delivered a
certified copy of this resolution to the chief appraiser of the Brazoria County Appraisal
District on or before October 15, 2003.
PASSED, APPROVED and ADOPTED this the :[3th dayof October ,
A.D., 2003.
RESOLUTION NO. R2003-132
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
BRAZORIA COUNTY APPRAISAL DISTRICT
MEMBERS OF THE BOARD
Dennis Frauenberger
Ro'Vin Garrett
William Hasse
Henry Munson
C. C. Reed
Patricia Taylor
MEMO
To: All Voting Taxing Units
From. Cheryl Evans, Chief Appraiser
Subject: 2003 Board of Directors Election For
Years 2004- 2005
Date: August 20, 2003
CHIEF APPRAISER
Cheryl Evans
500 North Chenango
Angleton, Texas 77515
979-849-7792
Fax 979-849-7984
Your taxing unit participates in selecting members of the Brazona County
District's Board of Directors. The board is composed of five members
who serve two-year terms, all of which expire December 31, 2003. If the
county assessor -collector is not appointed to the board, the county
assessor -collector serves as a non -voting director. This memorandum sets
out the process of selecting directors for the two-year term that begins
January 1, 2004.
Section 6.03, Property Tax Code, establishes the selection process for
Appraisal District Directors.
Selection Procedures
The procedures for selecting members of the board of directors for the two
-year term beginning on January 1, 2004 are as follows:
Nomination
To nominate, the governing body must adopt a resolution nominating the
candidate by formal action. The presiding officer of the governing body
must submit the nominees name to the Chief Appraiser before October 15,
2003.
Memo To All Voting Taxing Entities
Page 2
August 20, 2003
Election
Before October 30, 2003, the Chief Appraiser will prepare a ballot listing
the nominees in alphabetical order.
No later than December 15, 2003 each voting unit must cast its vote by
written resolution naming the person or persons for whom it votes, and
submit a certified copy to the Chief Appraiser. Ballots received by the
Chief Appraiser after December 15 may not be counted.
The Chief Appraiser will count the votes, declare the results, and notify
the five candidates who received the largest vote totals by December 31,
2003. The Chief Appraiser also notifies all taxing umts (voting and non-
voting) and all candidates of the outcome If a tie occurs, the Chief
Appraiser must solve it through any method of chance.
To assist you in this process, I have enclosed the following:
1. A suggested form of resolution for the nomination(s) of a candidate(s)
to the board of directors of the Brazoria County Appraisal District.
2. A calendar that lays out the procedures and dates for conducting the
2003 election.
3. Letter showing the nt.mber of votes your entity is entitled to cast in
the ballot after candidate nominations are due. (See October 30 on
the election calendar.)
Thanking you in advance for your help in carrying out this important task
and I invite your questions or comments on the board selection process.
Please do not hesitate to call me.
Enclosures (3)
BRAZORIA COUNTY APPRAISAL DISTRICT
MEMBERS OF THE BOARD
Dennis Frauenberger
Ro Vin Garrett
William Hasse
Henry Munson
C. C. Reed
Patricia Taylor
September 8, 2003
Mr Bill Eisen
City Manager Of Pearland
3519 Liberty Drive
Pearland, Texas 77581-5416
Dear Mr. Eisen:
CHIEF APPRAISER
Cheryl Evans
500 North Chenango
Angleton, Texas 77515
979-849-7792
Fax 979-849-7984
In reference to the selection of appraisal district board of directors, your 2002
total tax levy was $17,739,013. This dollar amount of property taxes has entitled
you 257 votes for the five (5) directors to be elected to the Brazoria County
Appraisal District.
Each taxing unit nominates by resolution, one candidate for each of the five (5)
members of the board of directors. These nominations must be submitted to the
Chief Appraiser October 15, 2003.
Please address all submissions to Cheryl Evans, Chief Appraiser, at the above
address.
Sincerely,
Cheryl Evans,
Chief Appraiser
CE/cn
apahuL9
BRAZORIA COUNTY APPRAISAL DISTRICT
2003 BOARD OF DIRECTORS ELECTION CALENDAR
Aug. 20 The chief appraiser notifies each voting taxing unit of the
number of votes it may cast.
By Oct. 15
Each voting unit may nominate one candidate for each
position to be filled. Since the board of directors consists
of five members, the unit may nominate from one to five
candidates.
The presiding officer of the unit submits the names and
addresses of the nominees by written resolution to the chief
appraiser.
Before Oct. 30 The chief appraiser prepares and submits to the units a
ballot listing the nominees alphabetically by each
candidate's last name.
By Dec. 15
By Dec. 31
Each voting unit must cast its vote by written resolution
and submit it to the chief appraiser. The unit may cast all
its votes for one candidate or may distribute the votes
among any number of candidates.
The chief appraiser counts the votes and certifies as winner
the five candidates who received the largest vote totals.
The chief appraiser notifies all taxing units (voting and
non -voting) and all the candidates of the outcome.
If a tie occurs, the Chief Appraiser, must resolve it
through any method of chance.
Young Lolling
City Secretary
(281) 652-1655
Telecopier (281) 652-1719
ylorfing@ci.pearland.tx.us
October 15, 2003
Cheryl Evans, Chief Appraiser
Brazoria County Appraisal District
500 North Chenango
Angleton, Texas 77515
Dear Ms. Evans:
I am enclosing a certified copy of Resolution No. R2003-132, nominating Dennis
Frauenberger and Jo Knight to serve on the Board of Directors of the Brazoria County
Appraisal District.
Respectfully,
ounorfin
City Secretary
Enclosure
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416 • 281-652-1600 • www.ci.pearland.tx.us
1120 Printed en Recycled Paper
CITY OF PEARLAND
OFFICE OF THE CITY SECRETARY
TO:
FROM:
DATE:
3519 LIBERTY DRIVE , PEARLAND TEXAS 77581-5416
(281) 652-1655
FAX (281) 652-1719
FAX TRANSMITTAL COVER SHEET
Cheryl Evans - Brazoria County Appraisal District
Fax (979) 849-7984
Young Lorfing - City Secretary
October 15, 2003
NO. OF PAGES• 5 INCLUDING THIS COVER SHEET
SUBJECT: Nominations for BCAD Board of Directors. The original copy
has been mailed.
IF YOU HAVE ANY QUESTIONS PLEASE CALL ME AT (281) 652-1655.
ID: OCT 15'03 6:54
TFRRN Iv1 I T r12ONF I RMRT I ON REPORT
NO.
RECEIt ER
TRANSMITTER
DATE
DURATION
MODE
FAGS
RESULT
001
9798497984
OCT 15'03 6.54
02'03
STD
05
•
Or
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