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2002-06-10 CITY COUNCIL REGULAR MEETING MINUTES101 MINUTES - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JUNE 10, 2002, 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 Woody Owens Richard Tetens Charles Viktorin 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; Police Chief J.C. Doyle; City Engineer John Hargrove; Director of Finance Jim Causey; Project Director Joe Wertz; Administrative Analyst Chris Kidwell; Purchasing Officer Gordon Island. The invocation was given by Mayor Tom Reid and the Pledge of Allegiance was led by City Manager, Bill Eisen. MAYOR'S ACTIVITY REPORT Mayor Reid and the Southeast Texas Flood Recovery Project presented a proclamation to the many individuals in Civic, Church, and State Organizations who volunteered their assistance to form a "Disaster Recovery Center" during Tropical Storm Allison in June 2001. Hereby, June 9 — 15, 2002, is proclaimed "Tropical Storm Allison Commemorative Week". Mayor Reid reported on May 21 he attended an HGAC Board of Directors Meeting and a Pearland Library Board Meeting; May 22 attended a Scout Fundraising Committee Meeting, a Brazoria Drainage District No. 4 Board Meeting, and a South Corrigan Flood Committee Meeting; May 23 reviewed 2nd Clear Creek outlet to the bay; May 24 attended a Transportation Policy Council Board of Directors Meeting; May 27 presented a program for VFW Memorial Day event; May 29 attended a going away event for outgoing Chamber of Commerce President, Billye Everett; May 30 met with the Gulf Coast Water Authority Executive Directors; May 31 attended a Walk For Life Cancer Fundraiser; June 3 presented a proclamation to the "Oldest Mail Carrier, Helen Montanes, attended a Pearland Economic Development Board Meeting, and a Council Workshop; June 4 Page 1 of 13 — 6/10/2002 10 1 attended an AARP Monthly Meeting, lunch with a Chamber President candidate, and swore in new Councilmember Charles Viktorin; June 5 attended a lunch with a candidate for Chamber of Commerce President; and June 6 attended the Bella Vita Grand Opening. COUNCIL ACTIVITY REPORTS Councilmember Tetens stated he would like to recognize Leadership Group Class #4 who were in the audience. He further reported he attended the opening of Club Bella Vita, in the Bella Vita Subdivision, which was a very nice clubhouse. Councilmember Viktorin reported he was recently elected City Councilmember and would like to thank the citizens, family and friends who came out and supported him. He further stated to. City Council and the Mayor that he is looking forward to working with them. Mayor Pro -Tem Owens reported he attended the Brazoria County Drainage District #4 Meeting this past week in which an update of the Steering Committee on Clear Creek was given. In addition to this, there is a plan to try to get some work done on Clear Creek and doing out selective clearing trees and underbrush. Mike Yost, is the Superintendent working with other people putting a plan together dividing Clear Creek in about 20 different sections and looking at trying to get it cleared out. This is supposed to be a five-year plan but hopes it can be condensed down a lot better than that. He stated he feels that this is a step forward. Councilmember Marcott reported he attended a retirement party for outgoing Chamber of Commerce President, Billye Everett. He further stated there is an article in the Southbelt Leader dated June 6, 2002, that says Tropical Storm Allison is still impacting the Southbelt, Pearland's neighbor across Clear Creek, a year later and there are still drainage problems. There is a picture in this paper that shows the drainage problems in that area. He went on to state that this is the way Clear Creek looks down there. You can walk across it and cannot believe what is down there. There is brush, is a jungle, and a dumping ground. Anything the City can do to get that cleaned will certainly help get the water out of our area down to Clear Lake and out into the Gulf. Councilmember Seeger reported he met with the City's Audit Committee today, who will be presenting the City Audit at tonight's meeting. CITY MANAGER'S REPORT City Manager, Bill Eisen, reported that the status of the Economic Development Corporation Executive Director position has been narrowed down to three. Interviews with those three candidates will take place next week and will be attended by the full. EDC Board and hopes to have one selected shortly. Page 2 of 13 — 6/10/2002 103 The Summer Concert Series began June 4, 2002, and is taking place every Tuesday evening at 7:00 p.m. in front of City Hall and is free of charge. The music is varied every week and encourages citizens to attend these concerts. Some months back City Council and Staff talked about implementing a new orientation session for newly elected Councilmembers. Councilmember Viktorin will take a tour of various City operations on June 20, 2002, and be given pertinent information. CITIZENS: Mason Locke Weems 6, addressed Council and stated his concern is the 12 acres in the Shadow Creek Subdivision. Mr. Weems gave a brief overview of a document he had received from Brazoria County regarding the payment of taxes on the 12 acres. He also addressed some legal issues he is having with Shadow Creek Ranch regarding the 12 acres. In closing, he asked that Council reconsider their action on the acceptance of the Shadow Creek Ranch Subdivisions. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the May 7, 2002, Special Meeting held at 6:30 p.m. 2. Minutes of the May 13, 2002, Joint Public Hearing held at 6:30 p.m. 3. Minutes of the May 13, 2002, Regular Council Meeting held at 7:30 p.m. 4.Minutes of the May 20, 2002, Regular Council Meeting held at 7:00 p.m. 5. Minutes of the June 3, 2002, Public Hearing held -at 6:30 p.m. 6. Minutes of the June 3, 2002, Public Hearing held at 6:30 p.m. 7. Minutes of the June 3, 2002, Special Meeting held at 6:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF SHADOW CREEK RANCH SF -7A. Mr. John Hargrove, City Engineer. C. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF SHADOW CREEK RANCH SF -713. Mr. John Hargrove, City Engineer. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-587 - 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 Page 3 of 13 — 6/10/2002 104 CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING LOTS 2 & 3, BLOCK 1, BETHEL SUBDIVISION, SECTION 1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 19, PAGES 223-224, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1036) (8033 HUGHES RANCH ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF RONALD AND LORNA SWEET, 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 — RESOLUTION NO. 2002-86 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR DEMOLITION SERVICES ASSOCIATED WITH THE FEMA BUY-OUT PROGRAM. Mr. Gordon Island, Purchasing Officer. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. 2002-89 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AND ADOPTING A TRAFFIC CALMING POLICY. Mr. Alan Mueller, Deputy City Manager. - G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. 2002-85 - 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 LINEBARGER, GOGGAN, BLAIR, PENA & SAMPSON, LLP, FOR TAX COLLECTION SERVICES. Mr. Damn Coker, City Attorney. H. CONSIDERATION AND POSSIBLE ACTION — ACCEPTANCE OF RIGHT-OF- WAY OF KIRBY DRIVE EXTENSION AND SAPPHIRE BAY WITH INTERIM CHANNEL PHASE ONE. Mr. John Hargrove, City Engineer. I. CONSIDERATION AND POSSIBLE ACTION — ACCEPTANCE OF SANITARY SEWER TRUNK LINE ON REFLECTION BAY DRIVE. Mr. John Hargrove, City Engineer. J. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. 2002-90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT WITH ICMA RETIREMENT CORPORATION AS THE ADMINISTRATOR OF THE CITY'S DEFERRED COMPENSATION PLAN TO ALLOW BOTH CURRENT AND FORMER EMPLOYEES TO ROLL ASSETS FROM Page 4 of 13 — 6/10/2002 105 OTHER ELIGIBLE RETIREMENT PLANS TO THE INDIVIDUAL'S PLAN ACCOUNTS. Mr. Darrin Coker, City Attorney. K. CONSIDERATION AND POSSIBLE ACTION FIRST AND ONLY READING OF ORDINANCE NO. 1065 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A STOP SIGN WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON BROOKSIDE ROAD IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH STONE ROAD, PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION, AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Darrin Coker, City Attorney. L. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-97 - A RESOLUTION RECOGNIZING THE SERVICES AND CONTRIBUTIONS OF LARRY WILKINS. Mayor Reid. Councilmember Tetens made the motion, seconded by Councilmember Wilkins, to adopt Consent Agenda Items A through L, as presented on the Consent Agenda, with the exception of Item E. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA As requested by Councilmember Marcott, Consent Agenda Item E was removed from the Consent Agenda for further discussion. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. 2002-86 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR DEMOLITION SERVICES ASSOCIATED WITH THE FEMA BUY-OUT PROGRAM. Mr. Gordon Island, .Purchasing Officer. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2002-86. Page 5 of 13 — 6/10/2002 Ito Councilmember Marcott stated this issue is on demolition services for bought -out houses. He stated that the Executive Summary includes some additional words regarding the timeliness of the demolition as noted in the specification documents. He further stated it is important to inspect the contractors and make sure the demolition is done in an appropriate manner as well 'as a final. cleanup of the property once the structure has been demolished. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin and Tetens. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS COUNCIL ACTION — REMOVE FROM TABLE ORDINANCE NO. 509-585. City Council. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to remove Ordinance No. 509-585 from the table. City Manager, Bill Eisen, reported the Applicant has requested that Ordinance No. 509-585 be tabled until a future meeting to allow him to gather more information for Council prior to it being formally considered. Voting "Aye" None. Voting "No" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Motion Failed 5 to 0. FIRST READING OF ORDINANCE NO. 509-585 - 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 73.328 ACRES CONSISTING OF THREE TRACTS: TRACT I: BEING LOTS 9A AND 12A, OUT OF SECTION 12, H. T. & B. R.R. COMPANY, SURVEY, A-508, BRAZORIA COUNTY, TEXAS; TRACT II: BEING 10.208 ACRES IN THE A.C.H. & B. SURVEY, SECTION 2, A-507, BRAZORIA COUNTY, TEXAS, BEING ALL OF LOTS A & F, L.W. MURDOCK SUBDIVISION AS RECORDED IN VOLUME 29, PAGE 174, DEED RECORDS OF BRAZORIA COUNTY, TEXAS, AND BEING PART OF THE LAND CONVEYED BY THOMAS F. ALEXANDER TO JOHN ALEXANDER, TRUSTEE, BY DEED DATED MAY 20, 1960, AND RECORDED IN Page 6 of 13 — 6/10/2002 VOLUME 767, PAGE 299, AMONG THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS; AND TRACT 111: 23.12 ACRES, BEING LOT 9, SECTION 12, H. T. & B. R.R. CO. SURVEY, A-508, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1035) (VETERANS ROAD) FROM CLASSIFICATION HEAVY INDUSTRIAL DISTRICT (M-2) AND COMMERCIAL. DISTRICT (C) TO SINGLE FAMILY DISTRICT PLANNED UNIT DEVELOPMENT (R-2 PUD) AT THE REQUEST OF JAMES CORNELIUS OF SOWELL & COMPANY, AGENT FOR THREE G INVESTMENTS, 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. This item remains tabled pursuant to the previous motion. COUNCIL ACTION — RESOLUTION NO. R2002-94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #4 SUPPLEMENT #2 FOR ENVIRONMENTAL SERVICES, GEOTECHNICAL SERVICES, TOPOGRAPHIC SURVEY AND DEVELOPMENT OF RIGHT-OF-WAY DOCUMENTS FOR THE CORRIGAN DRAINAGE PROJECT. Mr. Bill Eisen, City Manager. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to approve Resolution No. R2002-94. City Manager, Bill Eisen gave a brief overview of Authorization # 4 Supplement #2 and the firms that will be doing the engineering services associated with the Corrigan Drainage Project. Councilmember Marcott stated he attended the last meeting with the Corrigan Committee, LAN, and LJA Engineering firms. There were some points brought up in what has been seen by the Citizens that was discussed during the meeting. He further stated the Committee is working like it is supposed to. It is not just the City and the Engineering firms doing the work on the project. The Corrigan Committee is also a vital part of the project and it is really working well for the everyone. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. Page 7 of 13 — 6/10/2002 .t 0 7 JOB COUNCIL ACTION — RESOLUTION NO. R2002-93 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #6 SUPPLEMENT #2 FOR ENVIRONMENTAL SERVICES ASSOCIATED WITH THE BAILEY ROAD/OILER DRIVE PROJECT. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Owens made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2002-93. City Manager, Bill Eisen gave a brief overview of Authorization #6 Supplement #2 and the firms that will be doing the environmental services associated with the Bailey/Oiler Drive Project. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2002-92 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #6 SUPPLEMENT #1 FOR GEOTECHNICAL SERVICES ASSOCIATED WITH THE BAILY ROAD/OILER DRIVE PROJECT. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2002-92. City Manager, Bill Eisen gave a brief overview of Authorization # 6 Supplement #1 and the firms that will be doing the geotechnical services associated with the Bailey/Oiler Drive Project. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2002-95 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #10 SUPPLEMENT #2 FOR DESIGN AND SURVEY SERVICES Page 8 of 13 — 6/10/2002 i09 ASSOCIATED WITH THE YOST ROAD IMPROVEMENT PROJECT. Mr. Bill Eisen, City Manager. Councilmember Seeger made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2002-95. City Manager, Bill Eisen, gave a brief overview of Authorization #10 Supplement #2 and the firms that will be doing the environmental services associated with the Yost Road Improvement Project. Councilmember Marcott stated it is important to note on this contract that there is a landscape design individual involved called M21- Associates. They are going to do some conceptional planning. This has been an area of high emotion, putting the road in. The City said it is going to take a lot consideration when it is done. Councilmember Marcott also briefly addressed the new Traffic Calming Policy that was adopted earlier this evening, which will also help control the traffic in that area. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin and Tetens. Voting "No" None Motion Passed 5 to 0. COUNCIL ACTION — ACCEPTANCE OF TAX INCREMENT REINVESTMENT ZONE NUMBER ONE ANNUAL REPORT. Mr. Alan Mueller, Deputy City Manager. Councilmember Tetens made the motion, seconded by Councilmember Marcott, to accept Tax Increment Reinvestment Zone Number One Annual* Report. City Manager, Bill Eisen, gave a brief summary of the creation of Tax Increment Reinvestment Zone Number One. As part of the conditions of the creation of Tax Increment Reinvestment Zone Number One, an annual report is required to be submitted to the City Council. Mr. Eisen further reported the Development is complete and all of the infrastructure has been installed. He also reported there are approximately 220 homes in the Subdivision out of a possible 250 that can be built. The average value of the homes are $ 187,000. All original goals and intentions of the Tax Increment Reinvestment Zone have now been realized, including all reimbursements to the Developer for the money that was fronted for the extension of the utilities as well as infrastructure improvements. The final recommendation of the report is that Tax Increment Reinvestment Zone Number One be dissolved. That will be the next item on the agenda for Council to consider. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Page 9 of 13 — 6/10/2002 110 Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1064 - AN ORDINANCE TERMINATING THE OPERATION AND EXISTENCE OF REINVESTMENT ZONE NUMBER ONE, CITY OF PEARLAND, TEXAS, MAKING CERTAIN FINDINGS RELATED THERETO, AND DECLARING AN EMERGENCY. Mr. Alan Mueller, Deputy City Manager. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to approve Ordinance No. 1064 on its first and only reading. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2002-87 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE RESULTS OF THE CITY'S ANNUAL FINANCIAL AUDIT AS PREPARED BY THE ACCOUNTING FIRM OF PATTILLO, BROWN AND HILL. Mr. Jim Causey, Director of Finance. Mayor Pro -Tem Owens made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2002-87. Todd Pruitt, with Patillo, Brown and Hill, Comprehensive Financial Report, the Single Management Letter with Council and Staff. gave a presentation regarding the City's Audit, as required, and also reviewed the Councilmember Viktorin stated he would like an accounting of the 60 items mentioned in the Management Letter, which had no invoices. Todd Pruitt, with Patillo, Brown and Hill, stated that currently this information was back in his office but would provide the exact amount of the invoices to Council when he retrieved that information. Brief discussion ensued between Mr. Pruitt, Council and Staff regarding his presentation. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin and Tetens. Page 10 of 13 — 6/10/2002 Voting "No" None. Motion Passed 5 to 0. 114 COUNCIL ACTION — RESOLUTION NO. R2002-88 — 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 PATTERSON & ASSOCIATES, A REGISTERED INVESTMENT AND FUNDS MANAGEMENT PARTNERSHIP, FOR INVESTMENT ADVISORY SERVICES. Mr. Jim Causey, Director of Finance. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Owens, to approve Resolution No. R2002-88. City Manager, Bill Eisen, stated this item is a proposed investment advisory agreement with Patterson and Associates and includes a scope of work that will do some cash flow analysis to make sure the funds that the City has invested at anytime are maximized, they will work with the City to obtain from the markets the best possible interest that are available to the City, and some additional miscellaneous type of services. Director of Finance, Jim Causey, gave a brief overview of the City's investments and how an Investment Advisor could help the City's investments. Brief discussion ensued between Staff and Council regarding the City's investments and the advantage of having an Investment Advisor. Voting "Aye" Councilmembers Tetens, Uktodn, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. 2002-96 - 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 DUKE ENERGY FIELD SERVICES FOR THE LOWERING OF A GAS TRANSMISSION LINE ASSOCIATED WITH THE EXTENSION OF PEARLAND PARKWAY. Mr. Damn Coker, City Attorney. Councilmember Seeger made the motion, seconded by Councilmember Marcott, to approve Resolution No. R2002-96. City Manager, Bill Eisen, stated there is a gas pipeline that is in the way of the Pearland Page 11 of 13 — 6/10/2002 Yl2 Parkway extension. The City Attorney's office has been working with Duke Energy to develop the specific terms and conditions of an agreement to lower the pipeline. It is anticipated the actual, and all of the cost of the relocation of the line, will be at the City's expense. The pipeline is currently in an established easement that has been established for sometime. The projected cost is $119,240. The contract provides for a maximum of $131,200, which include some contingency type funds in case there is some unforeseen cost. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 985-5 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 985, THE 2000-2001 ANNUAL BUDGET ORDINANCE, BY AUTHORIZING CERTAIN ADDITIONS IN THE GENERAL 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. BN Eisen, City Manager. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Owens, to approve Ordinance No. 985-5 on its first and only reading. City Manager, Bill Eisen, stated this amendment is to add additional personnel to the Projects Department who will work within the G.I.S. area. This is being proposed because the City can experience some substantial cost savings and accomplish the same amount of work, and can get further along in the same period than it could if continued on a contract basis. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. Page 12 of 13 — 6/10/2002 OTHER BUSINESS: None ADJOURNMENT 113 Meeting was adjourned at 9:36 p.m. Minutes approved as submitted and/or corrected this the 24 day of, June 2002. Tom Reid : ATTEST: Mayor Page 13 of 13 — 6/10/2002 THIS PAGE LEFT INTENTIONALLY BLANK