2000-06-26 CITY COUNCIL REGULAR MEETING MINUTES197
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON JUNE 26, 2000, AT 7:30 P.M., IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
The meeting was called to order with the following present:
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Secretary
Klaus Seeger
Helen Beckman
Woody Owens
Larry Marcott
Larry Wilkins
Glen Erwin
Young Lorfing
Absent: Mayor Tom Reid and City Attorney Darrin Coker.
Others in attendance: Deputy City ManagerAlan Mueller; Executive Director P.E.D.C. Mike
Chance; Police Chief J.C. Doyle; City Engineer John Hargrove; Director of Community
Development and Services Gene Tumlinson; Director of Finance Jim Causey; Public
Works Director Jerry Burns; Assistant City Attorney Nghiem Doan; Project Manager
Michael Ross; Utility Accounts Supervisor Missy Miller.
The invocation was given by Reverend Barnett, and the Pledge of Allegiance was led by
Councilmember Marcott.
Councilmember Wilkins made the motion, seconded by Councilmember Marcott, to
approve the minutes of the June 5, 2000, Public Hearing held at 6:30 p.m.; minutes of the
June 6, 2000, Special Meeting held at 7:00 p.m.; minutes of the June 12, 2000, Joint
Public Hearing held at 6:30 p.m.; minutes of the June 12, 2000, Regular Council Meeting
held at 7:30 p.m.
Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
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MAYOR'S ACTIVITY REPORT
Mayor Pro -Tem Seeger reported that Mayor Reid was attending a Board of Directors
meeting at TML Employee Benefit Pool in Corpus Christi so he will be filling in.
COUNCIL ACTIVITY REPORTS
Councilmember Beckman reported that she attended the Adult Reading Center board
meeting and stated that they were given a grant to upgrade the building. She also attended
the Chamber Luncheon and BCCA in Freeport with two other Councilmembers. She would
like to remind everyone about the Summer Outdoor Concert Series.
Councilmember Owens reported that he also attended the Chamber Luncheon and the
BCCA meeting in Freeport. He would also like to remind everyone about the Concert
Series. He would also like to welcome his mother from Stamps, Arkansas.
Councilmember Marcott reported that he attended the BCCA meeting and was proud to
announce the presence of his granddaughter Lacy, who is here from Dallas Area for a visit.
Councilmember Wilkins congratulated his Parent's on their 501h Wedding Anniversary.
They had a party last Saturday at the Lions Club in celebration of their anniversary. He
stated that it was very memorable occasion and they are the best parents in the world.
Councilmember Seeger did not give a report.
CITY MANAGER'S REPORT
City Manager, Glen Erwin, reminded everyone of the 4'h of July celebration, sponsored by
the Parks & Recreation Department. Festivities begin at 6:00 p.m. at Prensner's Stadium
with entertainment by Herb Remington and the Texas Playboys, and the Pearland
Community Band, with fireworks following.
CITIZENS
F.L. Henning 2206 County Dr. addressed Council regarding receiving water and sewer
service. He stated that his water well and septic system is getting old and needs to be
replaced before long. He asked if Council knew when water and sewer services will be
available in his area?
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199
Charlene Johnson, 6309 Kelly, addressed Council regarding her concerns with Ordinance
No. 960 regarding Impact Fees. She stated that they were incorporated in November 1999
and at that time Impact Fees were stated to be approximately $1,400 for Hickory Creek
Place. She also stated that in Section 4 of Ordinance it states that the impact fees would
be levied against new development. She would like to see a grandfather clause in writing.
Tom Alexander, addressed Council regarding Impact Fees, and stated that each
Councilmember has a letter stating his position. He further stated that he has been paying
taxes more than 50 years and he still has not gotten a grandfather clause, and no sewer
and water. He stated that he expects to get what he pays for, and has been talking to legal
counsel. If the City continues not to recognize what he has paid for, he will go to the
courthouse.
Gala Roberson, 2213 Melanie, addressed Council regarding her concerns over the
Impact Fees and how it would affect her and everyone in her subdivision.
Emanuel Gurerra, addressed Council regarding his concerns with the Impact Fees. He
stated that he fought annexation, but has been annexed anyway. He asked what his tax
money is used for? He also addressed Council regarding LesCon Plumbing's proposed
land use change.
John Mark, 2029 Isle Dr., addressed Council regarding the Old Town Park. He stated that
he is representing the Historical Society, and would like the City and School District to
reach an agreement. He stated that no matter what agreement the City or School District
,reaches it would still be funded out of the taxpayers pocket. In closing Mr. Mark stated that
the Historical Society will contribute $1,000 toward the park project.
Councilmember Owens asked how long has this been going on?
John Mark stated that it has been going on for two years. He presented a resolution over
a year ago, and a petition a couple of months ago.
Councilmember Owens asked City Manager Glen Erwin the status of this?
City Manager, Glen Erwin, stated that there are monthly meetings with the School District
and the City to discuss various items. There is a meeting scheduled on July 13`n
Councilmember Owens asked when we would see some progress on this?
City Manager, Glen Erwin, stated that depends on the progress of the next meeting.
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20 0
Councilmember Owens asked for a report on the progress.
Lu Fielder, 6229 Kelly Dr., addressed Council regarding her concerns with the Impact
Fees. She stated there is a need for more communication regarding the Impact Fees. If
the City could put a notice regarding the 4`h of July Celebration in the water bill then they
could also place information about the Impact Fees in the water bills.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 971 - AN ORDINANCE EXTENDING THE CITY LIMITS OF
THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN
CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF
PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES
(NEAR THE NORTHWEST CORNER OF STATE HIGHWAY 288 AND FM 2234)
AT THE REQUEST OF PEARLAND INVESTMENTS, L.P.; APPROVING A
SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND
BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE
SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. Mr. Alan
Mueller, Deputy City Manager.
C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-F - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, AMENDING THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND (ORDINANCE NO.
509), AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, BY ADDING
NEW SUBSECTIONS TO REGULATE LAND USE WITHIN THE CITY LIMITS OF
PEARLAND; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING
FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Alan
Mueller, Deputy City Manager.
D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 867-1 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, AMENDING SECTION 9.153, ADOPTED, OF
ARTICLE VII, ELECTRICAL CODE, OF CHAPTER 9, ELECTRICITY, OF THE CITY
OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME
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20"1
TO TIME, AMENDED, BY ADDING A NEW SUBSECTION TO ALLOW THE USE
OF MODULAR OR MANUFACTURED LIGHTING SYSTEMS FOR LIMITED
PURPOSES; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING
FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Gene
Tumlinson, Director of Community Development and Services.
E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OFORDINANCE NO. 509-461 -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 PURPOSEOF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY AND GRANTING A SPECIFIC USE PERMIT FOR A
STORAGE FACILITY(MINI, CLIMATE, BOAT' & OPEN STORAGE) ON THE
FOLLOWING PROPERTY, TO -WIT BEING 4.9989 ACRES OUT OF LOTS 6 & 7,
ALLISON RICHEY GULF COAST HOME CO. PART OF SUBURBAN GARDENS,
SECTION 20, H.T. & B.R.R. CO. SURVEY, A-506, BRAZORIA COUNTY, TEXAS
ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 2, PAGES 23-24
PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 912 &
SPECIFIC USE NO. 83) (8909 HUGHES RANCH ROAD) FROM
CLASSIFICTD) TO GENERAL
BUSINESS IPECIFIC USE (GB -S) AON SUBURBAN T E REQUEST OPMENT DISTRICT F
NESSSHBOBBY CRAIG &
BILLY CRAIG, 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. Gene Tumlinson, Directorof CommunityDevelopmentand Services.
F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-462 - 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 10.00
ACRES SITUATED IN THE SOUTHWEST 1/4 OF THE NORTH 1/4 OF SECTION
17, H.T. & B.R.R. CO. SURVEY, A-242, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 913) (CHOCOLATE BAYOU ROAD @ FITE ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL
BUSINESS DISTRICT (GB) AT THE REQUEST OF CHARLIE EASON OF
HARDCASTLE REAL ESTATE, AGENT FOR BASIL L. COGBILL, OWNER,
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202
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. Gene Tumlinson, Director of Community Development and Services.
G. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-463 - 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 1.103
ACRES BEING LOT 1 OF GABRIEL ENTERPRISES, H.T. & B.R.R. CO.
SURVEY, A-219, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 918) (5915
BROADWAY) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF CHARLIE
EASON, AGENT FOR STAN LESLIE, 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. Gene Tumlinson, Director of
Community Development and Services.
H. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-464 - 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 .460
ACRES, A.K.A. TRACT 301A, H.T. & B.R.R. CO. SURVEY, A-309, PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 906) (3054
OLD CHOCOLATE BAYOU ROAD) FROM CLASSIFICATION SINGLE FAMILY
DWELLING DISTRICT (R-1) TO NEIGHBORHOOD SERVICES DISTRICT (NS)
AT THE REQUEST OF LONNIE TURNER, OWNER, PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT. Mr. Gene Tumlinson, Director of
Community Development and Services.
I. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-465 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE
Page 6 of 16 - 6/26/2000
2 0 '1
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 THE
WEST 2 ACRES OF THE SOUTH 1/20F LOT 9, ALLISON RICHEY GULF COAST
HOME CO. SUBDIVISION, SECTION 10, H.T. & B.R.R. CO. SURVEY, A-505,
BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT AS RECORDED IN
VOLUME 2, PAGE 24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 919) (13535 STONE ROAD) FROM CLASSIFICATION
BURBAN TR CT (R-1) ATT EDEVELOPMENT ICT ( SD) TO SINGLE I
REQUEST OF & MICHELLE LY DWELLING
DISTRICT PATTERSON,
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. Gene Tumlinson, Director of Community Development and Services.
Councilmember Owens asked that Item A, Ordinance No. 960 be removed from the
Consent Agenda.
Councilmember Beckman made the motion, seconded by Councilmember Marcott, to
adopt the Consent Agenda Items B through I, on their second and final reading.
Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
As requested by Councilmember Owens Item A, Ordinance No. 960 was removed from the
Consent Agenda.
A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 960 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, REVISING THE CAPITAL IMPROVEMENTS PLAN
FOR THE CITY OF PEARLAND; UPDATING IMPACT FEES IN ACCORDANCE
WITH STATE LAW; MAKING CERTAIN FINDINGS; PROVIDING A PENALTY FOR
VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE
AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION
AND AN EFFECTIVE DATE. Mr. Michael Ross, Projects Manager.
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264
Councilmember Owens made the motion, seconded by Councilmember Beckman, to
discuss Item A, Ordinance No. 960, on its second and final reading.
Councilmember Beckman asked if the Ordinance has a clause regarding the Old Town
Site, stating that they would not have to pay a hook up fee? She also asked if the residents
who have already signed up, but have not received service, will be charged the new
amount or will they be grandfathered and charged the previous amount which is lower?
City Manager, Glen Erwin, stated these exceptions may be done by agreement, however,
the City can't act tonight on the request to grandfather the Hickory Creek Subdivision. He
stated that if the Council agrees, he will meet with legal department and review the law and
have a recommendation before the next meeting.
Councilmember Beckman stated that Council has given a great deal of consideration
regarding this issue, and it is urgent that Council act on it now. She further stated that the
Impact Fee is something that the City must have in order to provide for the growth that is
taking place. Otherwise there may have to be a moratorium placed on future building.
Mayor Pro -Tem Seeger stated that the amount was calculated for the Impact Fees is for
the funding that is needed for the various projects in order to meet the future needs of
Pearland. If the City were to cut the amount of the Impact Fees that would mean that there
will be much less progress, and certain, improvements will not be made. In order for the
City to be pro -active in these areas these calculated amounts are needed. The amount
to fund these projects will be recalculated every three years. He further stated that if the
City did not have the Impact Fees the water and sewer fees would increase by
approximately 25% for all water and sewer service customers.
Councilmember Owens stated that if we don't have the Impact Fees, the funding will come
back to water and sewer customers. He also stated he is concerned with the property
owners who have been in the City for a long time and do not have water and sewer service
available. He further stated that he is hopeful that Council will consider the possibility of
having a grandfather clause for residents who have been annexed. Councilmember Owens
stated that he will not be supporting this Ordinance and will be voting against it.
Councilmember Seeger stated that new development is the primary recipient of Impact
Fees. If the City were to reduce or eliminate the Impact Fee there would be an increase
in the water and sewer rates. He stated that he will also see what they can do about those
who have been in the City but have never tied into City utilities.
Councilmember Marcott stated that his vote will be a positive vote.
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205
Councilmember Wilkins stated that he concurs with Councilmember Beckman, he feels
that Impact Fees are needed, however, it is a difficult decision. Impact Fees are important
for future of the City and prevents a substantial increase on all utility users monthly bill to
fund the needed projects.
Assistant City Attorney, Nghiem Doan, stated that the original motion was to discuss
Ordinance No. 960, since the discussion is over, there needs to be a motion to take action
on the ordinance.
Councilmember Owens made the motion, seconded by Councilmember Beckman, to
approve Agenda Item A, Ordinance No. 960 on its second and final reading.
Voting "Aye" Councilmembers Beckman, Seeger, Marcott, and Wilkins.
Voting "No" Councilmember Owens
Motion Passed 4 to 1
NEW BUSINESS
COUNCIL ACTION - RESOLUTION NO. R2000-81 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY OF
PEARLAND TO JOIN IN A COALITION TO INTERVENE IN PROCEEDINGS RELATING
TO THE APPLICATION OF RELIANT ENERGY, INC. FORAPPROVAL OF UNBUNDLED
COSTOFSERVICE; AUTHORIZING THE CITYATTORNEYTO REPRESENTTHE CITY
AND TO TAKE APPROPRIATE ACTIONS RELATING TO SUCH PROCEEDINGS;
MAKING CERTAIN FINDINGS RELATED THERETO. Mr. Nghiem Doan, Assistant City
Attorney.
Councilmember Wilkins made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2000-81.
City Manager, Glen Erwin, stated that the legislature is going through a deregulation
process, and one requirement is to separate costs related to generation of electricity.
Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins.
Voting "No" None.
Motion Passed 5 to 0.
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206
COUNCIL ACTION - RESOLUTION NO. R2000-82 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
TO ENTER INTO A DEVELOPMENT AGREEMENT WITH SOWELL PROPERTY
PARTNERS -WALNUT BEND, L.P., A TEXAS LIMITED PARTNERSHIP, FOR TRAFFIC
IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF THE PARKS AT
WALNUT BEND SUBDIVISION. Mr. Alan Mueller, Deputy City Manager.
Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to
approve Resolution No. R2000-82.
In an executive summary given by Deputy City Manager Alan Mueller, he stated that
Sections 27-4.A.3.p, 27-5.A.3, and 27-5.A.7 of the Subdivision Ordinance relate to a
subdividers responsibility to plat and improve (i.e. construct or pay for) roads adjacent to
or through a development that are shown on the City's Comprehensive Plan. The
extension of Fite Road is adjacent to the proposed Parks at Walnut Bend Subdivision.
Several weeks ago, the developer made an informal inquiry of the City staff regarding his
ability to seek a waiver of this requirement. Staff advised the developer that such a waiver
could only be authorized by the City Council and that the request needed to be based on
some rational basis, such as contributing toward the cost of construction proportionately
to the expected volume of traffic study to project the impact of the new development on
Fite Road. This study was prepared by Traffic Engineers, Inc. and reviewed by TDAI, the
City's consulting traffic engineer. The results of the study indicate that the subdivision will
have a minimal impact on Fite Road, but a greater impact on Veterans and Walnut
streets. Concurrently, TDAI was performing a warrant study for the intersection of
Walnut/Veterans, based on a citizen request for a three-way stop sign at that location.
During their review of the consultant's study, TDAI suggested that it might be more
prudent for the City to require the developer to fund a portion of the Walnut/Veterans
improvements than to require him to contribute toward the extension of Fite Road. Based
on this concept, the two engineering firms agreed that $18,620 is the appropriate
allocation for this project (Total cost estimate for intersection improvements: $200,000).
Under the basic provisions of the subdivision code, the cost to fund 1/2 of Fite adjacent to
the development is estimated to be approximately $125,000. The developer has
proposed to deposit $25,000 with the City dedicated toward Walnut/Veterans intersection
improvements. Regardless of the outcome of this agreement, he will also be required to
dedicate all required right of ways for Fite, Veterans, and Walnut during the platting
process. Staff recommends consideration of the agreement.
Jamie Cornelius, 3131 McKinney, briefly reviewed the background of the developer's
agreement. He further addressed the City's Thoroughfare Plan and an equitable
approach to the traffic near the project. He also stated that the analysis found that only
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207
2.5% of the project will go to Fite Road if it were built, while 50% will go to Walnut and
Veterans Intersection. The study also showed that traffic will increase at this intersection
by about 9% due to the project. Mr. Cornelius further addressed the agreement. In closing
he introduced Dan Lynch with Traffic Engineers Inc., and stated that he is available to
answer any questions that Council may have.
Councilmember Marcott stated that he is concerned about this property being in the flood
plain. He stated he also has reservations about if Fite is going to go through, it looks like
that Fite ought to be the contributor of the developer's money, rather than the City. At
some point in the future the City may have to development that at great expense.
Voting "Aye" Councilmembers Wilkins, Seeger, Owens, and Beckman.
Voting "No" Councilmember Marcott
Motion Passed 4 to 1.
COUNCIL ACTION - APPOINTMENT OF PEARLAND INDEPENDENT SCHOOL
DISTRICT TAX ASSESSOR (JO KNIGHT) TO CALCULATE AND PUBLISH THE
EFFECTIVE TAX RATE AND ROLLBACK TAX RATE FOR 2000. Mr. Glen Ervin, City
Manager.
Councilmember Beckman made the motion, seconded by Councilmember Wilkins, to
appoint Pearland Independent School District Tax Assessor Jo Knight as the Tax
Assessor to calculate and publish the effective tax rate and rollback tax rate for 2000 for
the City of Pearland.
In an executive summary given by City Manager, Glen Erwin, he stated that as part of the
budget process, the City must appoint the Pearland Independent School District Tax
assessor to calculate and publish the effective tax rate and roll back tax rate for 2000.
Staff recommends appointing Jo Knight as the Tax Assessor for the purpose of
calculating and publishing the effective tax rate and roll back tax rate for 2000.
Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
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MR.
COUNCIL ACTION - RESOLUTION NO. R2000-83 - 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 WALSH/FREESE AND
NICHOLS, INC.- LOCKWOOD, ANDREWS & NEWMAN FOR ENGINEERING SERVICES
ASSOCIATED WITH THE DESIGN AND CONSTRUCTION OF PEARLAND PARKWAY
BEGINNING 1700 FEET NORTH OF FM 518 TO BELTWAY 8. Mr. Alan Mueller, Deputy
City Manager.
Councilmember Owens made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R2000-83.
In an executive summary given by Deputy City Manager, Alan Mueller, he stated that this
agreement is for the detailed engineering design construction documents for Pearland
Parkway beginning 1,700 feet north of FM 518 to BW 8 (excluding the segment within the
proposed golf course development). In accordance with the development agreement
between the City and Beazer Homes, the City is responsible for designing and
constructing two lanes within this portion of Pearland Parkway. The agreement provides
for design of the full four -lane boulevard section, but bidding and construction on two
lanes only. This method is proposed due to the interrelatedness of the grading, drainage,
and structures for both sides of the boulevard and is consistent with the manner in which
we handled the most recent 1,700 foot extension of Pearland Parkway. The agreement
is proposed with Walsh/Freese & Nichols - LAN. This project team is the consulting
engineer for the Pearland Parkway Preliminary Engineering and Environmental
Assessment (PE & EA) study that is currently being conducted. The PE & EA is a
prerequisite for eligibility for further Federal funding of the remaining segments of the
road. Staff believes this team is the most qualified firm to conduct the design phase
services. The fees for the agreement are broken down as follows, Design Phase
$599,628, Subconsultants $160,159, Construction Phase $64,000 for a total of $823,787.
The engineering (design and construction phase) fees are based on a standard fee curve
as a percentage of estimated construction cost. The percentage varies depending on the
estimated cost of the project; larger projects have a lower engineering fee percentage.
Furthermore, the total engineering fee is allocated as 85% for design and 15% for
construction phase. For this project, the basic fee percentage applied to the design
phase will be different from the percentage applied to the construction phase, since we
propose to design four lanes, but build only two. The estimated construction cost for four
lanes is $10,853,000. Staff recommends approval of the agreement.
Councilmember Marcott asked what the time frame is on the completion of engineering
phase and the start of construction?
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209
Deputy City Manager, Alan Mueller, stated that it is a 270 day engineering contract.
Councilmember Marcott asked what is the time frame to do the actual construction work,
and how long from the 270 days will construction begin, and how long is construction?
Deputy City Manager Alan Mueller stated that it will take approximately 9 months for
engineering phase and 15 months for the construction.
Councilmember Marcott asked if there was anything that can be done to speed up the
engineering phase, as well as the construction, so the City can gain more east to west
access.
Deputy City Manager, Alan Mueller, stated that the City's consultant Ron Bavarian and
City Engineer felt for the scope of the project, that is a reasonable amount of time. Mr
Mueller further stated that we will inquire into ways to speed it up, however, at this point
this is an estimate for the maximum amount of time that it will take to complete the
project.
Councilmember Marcott stated he would like to see it on the fast track.
Councilmember Owens asked if they would be doing a design for the segment within the
golf course development at the same time?
Deputy City Manager, Alan Mueller, stated that project will be handled by the developer's
engineer. He also stated there is a provision in the contract for coordination with the
developer's engineer and the City's engineer.
Councilmember Owens asked if the wetlands issues have been resolved?
Deputy City Manager, Alan Mueller, stated that a preliminary engineering and
environmental assessment has been under way on this particular alignment for 18
months, the PE and EA is a prerequisite in order to get federal funding for construction
which has been under way for some time. The final document has gone to TxDOT, and
there is still need for the mapping of the wetlands.
Councilmember Owens asked if there was federal funding involved?
Deputy City Manager, Alan Mueller, stated that there is not any federal funding in the
portion that we are talking about constructing, however, we do anticipate being eligible
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2zo
for federal funding on lanes 3 and 4, as well as complete funding on McHard Road which
intersects this and goes to Highway 35.
Additional discussion between Council and Staff ensued.
Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - COUNCIL ACCEPTANCE OF SUNRISE LAKES SECTION 2
SUBDIVISION. Mr. John Hargrove, City Engineer.
Councilmember Marcott made the motion, seconded by Councilmember Owens, to accept
Sunrise Lakes.Section 2 Subdivision.
In an executive summary given by City Engineer, John Hargrove, he stated that this
subdivision is 31.0800 acres, 5 blocks, 111 lots, with 10 reserves. He recommends
acceptance of the Subdivision for maintenance and operation.
Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman.
Voting "No" None.
Motion passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-466 - 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 AND GRANTING A SPECIFIC USE PERMIT FOR A
PLUMBING CONTRACTOR SHOP WITH OUTSIDE STORAGE ON THE FOLLOWING
PROPERTY, TO -WIT BEING TRACT I: 1 ACRE BEING LOT 3, GABRIEL ENTERPRISES
AND TRACT It: 1.78 ACRES BEING LOT 361-13 OUT OF THE H.C. JOHNSON 99 ACRE
TRACT, A-219, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 917 & SPECIFIC USE
NO. 88) (2617 LAZY BEND) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO GENERAL BUSINESS - SPECIFIC USE (GB -S) AT THE REQUEST
OF CHARLIE EASON, AGENT FOR STAN LESLIE, OWNER, PROVIDING FOR AN
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211
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. Gene Tumlinson, Directorof Community
Development and Services.
Councilmember Wilkins made the motion, seconded by Councilmember Marcott, to
approve Ordinance No. 509-466 (Application No. 917 & SPU No. 88) on its first reading.
Mayor Pro -Tem Seeger stated that at the request of the City Council, Director of
Community Development and Services Gene Tumlinson contacted Mr. Leslie, the owner
of the property and he has agreed to change his zone change request to General Business
with a Specific Use permit for a plumbing contractor shop with outside storage instead of
Commercial zoning.
In an executive summary given by Director of Community Development and Services Gene
Tumlinson, he stated that this is a request to change the zoning classification from
Suburban Development District (SD) to General Business District - Specific Use (GB -S) for
a plumbing contractor shop with outside storage. Staff recommends consideration of
request.
Councilmember Marcott was concerned about the light pollution at night, the noise, and
height of stack of pipe that would be visible from the neighborhood.
Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
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212
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. Gene Tumlinson, Directorof Community
Development and Services.
Councilmember Wilkins made the motion, seconded by Councilmember Marcott, to
approve Ordinance No. 509-466 (Application No. 917 & SPU No. 88) on its first reading.
Mayor Pro -Tem Seeger stated that at the request of the City Council, Director of
Community Development and Services Gene Tumlinson contacted Mr. Leslie, the owner
of the property and he has agreed to change his zone change request to General Business
with a Specific Use permit for a plumbing contractor shop with outside storage instead of
Commercial zoning.
In an executive summary given by Director of Community Development and Services Gene
Tumlinson, he stated that this is a request to change the zoning classification from
Suburban Development District (SD) to General Business District- Specific Use (GB -S) for
a plumbing contractor shop with outside storage. Staff recommends consideration of
request.
Councilmember Marcott was concerned about the light pollution at night, the noise, and
height of stack of pipe that would be visible from the neighborhood.
Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
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214
XII. ADJOURNMENT
Meeting was adjourned at 8:45 p.m.
Minutes approved as submitted and/or corrected this the 10`h day of July. 2000.
ATTEST:
om Reid
Mayor
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