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2004-01-26 CITY COUNCIL REGULAR MEETING MINUTES'^ MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 26, 2004, 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 Woody Owens 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; City Engineer Doug Kneupper; Director of Finance Andrea Jason; Parks & Recreation Director Thomas Grieve; Public Works Director Jerry Burns; Purchasing Officer Gordon. Island; Project Director Joe Wertz. The invocation was given by Councilmember Viktorin, and the Pledge of Allegiance was led by City Engineer Doug Kneupper. MAYOR'S ACTIVITY REPORT Mayor Reid recognized City Secretary, Young Lorfing, for being the Citizen Spotlight in the local newspaper, The Journal. The Mayor also recognized Carol Artz, Chamber of Commerce President, and Stacy Adams, Brazoria County Drainage District No. 4. He formally introduced State Representative Glenda Dawson and stated his appreciation for her hard work and good service. Mayor Reid and the Councilmembers presented State Representative Glenda Dawson a City of Pearland afghan. State Representative Glenda Dawson expressed her appreciation to the Mayor and Council. Mayor Reid reported on January 13 he attended the Funeral of Pat O'Day, visited and attended the High School Stock Show Arts Show, and met with a Southern Trails Developer; January 14 he met with County Officials on Welfare Issues; January 15 he attended the Chamber Leadership Council Meeting, the Gulf Coast Water Authority Board of Directors Meeting, and the Chamber Annual Awards Banquet; January 16 he attended the Pearland Arts League Board of Directors Meeting and the PEDC Board Retreat; January 17 he attended the Pearland Parkway Grand Opening; January 19 he attended an Agenda Meeting, a Meeting with the Executive Director of the South East Eco -Corporation, and a Council Meeting; January 20 he attended the HGAC Board of Page 1 of 16 — 1/26/2004 Directors Meeting and a Meeting with TxDOT Staff; January 21 he gave a presentation to the Exchange Club and attended the Brazoria County Cities Association Meeting; January 22 he met with Staff regarding Hotel Tax, attended a Bay Area Transportation Partnership Board Meeting, and presented a Proclamation to Ms. Else Wente on her 100th Birthday; January 23 he attended a Transportation Policy Council Board of Directors Meeting, and. a Shadycrest Homeowners Association Meeting on Yost Road; January 26 met with a Shopping Center Developer and attended a meeting with Congressman Tom Delay. COUNCIL ACTIVITY REPORTS Mayor Pro -Tem Tetens reported on January 21 he attended the Brazoria County Cities Association Meeting. Councilmember Viktorin reported on January 15 he attended the Chamber Annual Awards Banquet. The history of the Chamber tied to the history of Pearland was fascinating. January 17 he attended the Pearland Parkway Grand Opening. He attended the Pearland Arts League Board Meeting and took a walking tour of the North Grand area. He stated the current Arts League Board Members are go-getters and will bring something nice on the 1St of May. Councilmember Owens reported on January 15 he attended the Chamber Annual Awards Banquet. Councilmember Marcott reported on January 13 he attended the 1-35 Meeting held in Alvin, Texas. He stated a lot of options regarding Hwy 35 and Pearland were mentioned during the meeting. He stated he was not able to attend the Alvin Meeting regarding the fair ground facility because of the 1-35 Meeting. He stated a convention center should be constructed in the area in order to hold several events throughout the year. Councilmember Marcott stated a questionnaire regarding a new facility will be distributed to all four precincts. He reported on January 21 he attended the Brazoria County Cities Association. Councilmember Seeger reported on January 15 he attended the Chamber Annual Awards Banquet, and it was exceptional. CITY MANAGER'S REPORT City Manager, Bill Eisen, announced recent Staff changes. He introduced the Interim Director of Finance as the new Director of Finance, Andrea Jason. He stated Jeff Sunsef is the new Emergency Management Services Director. He reported on January 17 he attended the Grand Opening of Pearland Parkway and it was a good opportunity to announce people who had key roles in the project. He reported previous Councilmembers have supported the construction of the Pearland Page 2 of 16 — 1/26/2004 r Parkway, and they are greatly appreciated. He stated the two major engineering firms for the construction of Pearland Parkway were Freese & Nichols and LAN. He further stated the Deputy City Manager, Alan Mueller, has been involved in this project for the past six years and did some great work with the project. Mayor Reid _stated there are future projects scheduled that are similar to the structure of Pearland Parkway. He stated one of the future projects is the Dixie Farm Road Project. He stated Hwy 35 will be widened into seven lanes from Beltway 8 to Fm 518. CITIZENS: None DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the January 12, 2004, Public Hearing held at 6:30 p.m. 2. Minutes of the January 12, 2004, Public Hearing held at 6:30 p.m. 3. Minutes of the January 12, 2004, Regular Council Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE OF SUNRISE LAKES SECTION SEVEN. Mr. Doug Kneupper, City Engineer. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1148 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A CERTAIN TEN FOOT (10') PUBLIC UTILITY EASEMENT RECORDED IN VOLUME 21, PAGE 77 OF PLAT RECORDS OF, BRAZORIA COUNTY, TEXAS, WITHIN THE CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. D. CONSIDERATION AND POSSIBLE ACTION — EXCUSE ABSENCE OF COUNCILMEMBER WOODY OWENS FROM THE REGULAR MEETINGS HELD ON JANUARY 12, 2004. City Council. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-12 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON-GALVESTON AREA COUNCIL (HGAC) FOR THE PURCHASE OF A VEHICLE (CHEVROLET TAHOE). Mr. Alan Mueller, Deputy City Manager. Page 3 of 16 —1 /26/2004 F. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1150 — 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. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Tetens, to adopt Consent Agenda Items A through F as presented on the Consent Agenda. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA None NEW BUSINESS COUNCIL ACTION — REMOVE FROM TABLE ORDINANCE NO. 509-685. City Council. This item was passed with no Council action taken. FIRST READING OF ORDINANCE NO. 509-685 — 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 23 AND LOT 24, BLOCK 3, WAGON WHEEL SUBDIVISION, ABSTRACT 509, H.T. & B.R.R. COMPANY SURVEY, BRAZORIA COUNTY, TEXAS (6017 LARRYCREST DRIVE) (APPLICATION NO. 1135) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO NEIGHBORHOOD SERVICE DISTRICT (NS) AT THE REQUEST OF BILLY K. DAVIS, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; Page 4 of 16 — 1/26/2004 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 was passed with no Council action taken. COUNCIL ACTION — RESOLUTION NO. R2004-10 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, OPENING A SIDEWALK EASEMENT LOCATED BETWEEN SCHLEIDER DRIVE AND THE HERITAGE GREEN SUBDIVISION. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2004-10. City Manager, Bill Eisen, stated an easement is platted in the Heritage Green Subdivision which would connect the streets in the subdivision through a pedestrian easement to Schleider Drive. This is located in the area of the elementary school. He stated a survey was done regarding the people in the immediate area to see if the neighborhood would like the easement reopened. He stated a few responses were received, and the majority of the responses requested the easement to remain closed. The issue regarding the easement was then set aside until a previous Council Meeting. During the previous Council meeting, Council was presented a petition from the Heritage Green Subdivision asking that the easement be reopened. The item is now before Council for consideration. The estimate for the necessary improvements have been provided and is approximately $10,000.00. Dale Pillow, 2302 Meadow Green, addressed Council and stated she brought the petition before Council two weeks ago. She stated over the last two weeks some sewer work has been done along Barry Rose Road causing some traffic problems. Ms. Pillow stated one lane was opened during the construction and no flagman were aiding with the traffic flow. She stated people walking and riding their bicycles along the road during that time were in danger. The option to open the walk-thru easement is available before Council. She asked Council to vote in favor of opening the easement. Councilmember Marcott stated in the discussion last week Deputy City Manager, Alan Mueller, indicated there are some line of sight problems for the area. He asked if signs could be put along the street to help emphasize the crosswalk/school crossing. Deputy City Manager, Alan Mueller, stated it is currently included in the cost estimate for the project. He stated on the sidewalk towards Schleider Drive there is approximately ten feet from the fence to the curve that has some sight problems. He stated this would make it hard for the driver to see someone and have a sufficient amount of time to react. He stated another issue to be addressed is the sidewalk coming out directly inline with the driveway for the school. A section of the sidewalk will need to be poured north and then insert the crosswalk. The crosswalk cannot go Page 5 of 16 — 1/26/2004 straight across into the driveway. A barrier could possibly be placed there to help motorists see the pedestrians. He stated this barrier placed in the right-of-way would need to comply with the manual for Uniform Traffic Control Devices. A brief discussion ensued among Council and Staff regarding the type of barrier placed in the right-of-way. Public Works Director, Jerry Burns, stated the design needs to have the bicyclists get off the bicycle and walk it thru the pedestrian walk way. An additional discussion ensued among Council and Staff regarding property owners and the fences near the walk-thru easement. Councilmember Tetens stated he was a member of the Planning and Zoning Commission when the subdivision was built. He stated the walk-thru easement was required because it would allow a way to get through the subdivision without going down Barry Rose Road. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-6 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #14 FOR DRAINAGE AND EVIRONMENTAL ASSESSMENT SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM (PEARLAND PARKWAY EXTENSION -BRITTANY BAY). Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Tetens, to table Resolution No. R2004-6 for further review. City Manager, Bill Eisen, stated this item relates to the mobility program regarding the future section of Pearland Parkway that extends South from it's existing turners point at Oiler Drive to the County line. He stated a similar analysis is taking place in the City of Friendswood and the City of League City regarding the section of the project that relates to their communities. Council is being asked to approve both the Hydraulics & Hydrology Study and the environmental assessment on that portion of the roadway. In both cases the proposed work will be done by PBS&J at a combined cost of $147,560.88. Councilmember Marcott stated he is concerned about the environmental assessment price of $95,000. He stated the next project is some of the same type of work on a Page 6 of 16 —1/26/2004 longer roadway and adds to about $50,000. He stated the current project is approximately $140,000. The comparison shows a major difference in the prices. He stated he would like this amount to be revaluated. Craig Hester, Turner, Collie and Braden,_ addressed Council and stated the project for the Pearland Parkway addressed this evening also includes the Hydraulics & Hydrology Study. Councilmember Marcott stated he understood and those are two separate things, the environmental assessment and the Hydraulics & Hydrology Study. Discussion ensued among Council, Staff, and Mr. Hester regarding the costs for the proposed work and the federal guidelines requiring the extensive work in order to utilize federal funding. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-7 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #13 SUPPLEMENT #1 FOR ENVIRONMENTAL COMPLIANCE AND GEOTECHNICAL SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM (PRELIMINARY INVESTIGATION -MAGNOLIA ROAD). Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Councilmember Seeger, to approve Resolution No. R2004-7. City Manager, Bill Eisen, stated this item is part of the bond program relating to the preliminary investigation of the Magnolia Road Alignment for the East West thoroughfare. This item includes funding for an environmental analysis and geotechnical services required for the preliminary investigation. The two firms involved are Berg -Oliver for the environmental issues and Tolunay-Wong for geotechnical services. The combined cost of the two is $51,790. Michael Klaus, 5016 Groveton, addressed Council and stated he resides in the Mary's Creek Watershed. He stated the entire project along Magnolia would impact this area. He asked Council to plan and review the drainage plans for the project along Magnolia. He also asked that an appropriate risk analysis be completed. Mr. Klaus stated the City is growing quickly and asked Council to take a look at the impact of the future projects. Page 7 of 16 — 1/26/2004 Councilmember Marcott stated he is concerned about the price listed for the services and believes the numbers are incorrect. He stated the amount has decreased and is missing approximately $7,500. Joe Wertz, Project Manager, stated the cost for Berg -Oliver included certain cost that are not included at this time. He stated Berg Oliver is not asking for those cost at the time because those would be part of the design phase amounts. He explained the cost placed in the agenda request and clarified for Council. Voting "Aye" Councilmembers Viktorin, Tetens, Marcott, and Seeger. Voting "No" None. Voting "Abstain" Councilmember Owens. Motion Passed 4 to 0, with 1 abstaining. COUNCIL ACTION — RESOLUTION NO. R2004-8 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #1 SUPPLEMENT #11 FOR CONSTRUCTION ADMINISTRATION SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM (CORRIGAN SUBDIVISION DRAINAGE IMPROVEMENTS). Mr. Bill Eisen, City Manager. Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Tetens, to aaprove Resolution No. R2004-8. City Manager, Bill Eisen, stated this item relates to the bond and drainage program. This includes funding for construction administration for the Corrigan subdivision drainage improvements. The percentage of construction costs is consistent with the agreement reached earlier with Turner, Collie and Braden. The work authorizations are treated the same as the sub -consultant contracts that are part of the program. Councilmember Marcott asked for the difference between this item and the project management fees being paid. City Manager, Bill Eisen, stated the program administration that has been approved is associated with parts of the process other than the actual construction management. Councilmember Marcott asked if Turner, Collie and Braden would be doing this portion of the work as well and for any overlap details. City Manager, Bill Eisen, stated Turner, Collie and Braden would be doing the work, and there should not be any overlapping because they are two different functions. Page 8 of 16 — 1/26/2004 Councilmember Marcott asked if the attached cost sheet detailed is the total amount paid to Turner, Collie and Braden for the various projects of the City. City Manager, Bill Eisen, stated the attached cost sheet is the total cost that will be paid to Turner, Collie and Braden after all the various projects have been completed. Project Director, Joe Wertz, stated Gene Simeon, in his department, ensures the City only covers the cost per activity. Councilmember Marcott asked if the City is staying within budget. Project Director, Joe Wertz, stated the City is staying within budget. He stated particular line items may be over budget, but there are other line items that are under budget. He stated Gene is making sure that for project management the bottom line amounts are within the parameters. Councilmember Marcott asked if the Project Manager could provide an accounting to Council with those amounts. Project Director, Joe Wertz, stated he would provide Council with the information. Councilmember Owens asked if the City would be covering the inspections portion of the work. Project Director, Joe Wertz, stated the City would be covering the inspections. City Engineer, Doug Kneupper, would provide the information to the Projects Department. Councilmember Owens stated this project is large, and the records for the inspections really need to be kept well due to the size and cost associated with the project. Discussion ensued among Council and Staff regarding the upcoming projects within the City, including the cost and work amount distributed to Staff and Contractors. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-11 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 1 FOR LABORATORY TESTING SERVICES ASSOCIATED WITH THE CONSTRUCTION OF THE PEARLAND RECYCLING CENTER. Mr. Bill Eisen, City Manager. Page 9 of 16 — 1/26/2004 Councilmember Viktorin made the motion, seconded by Councilmember Owens, to approve Resolution No. R2004-11. City Manager, Bill Eisen, stated this item is regarding an increase over the original estimated amount for laboratory testing services on the recycling center. Two primary reasons for the amount change are issues with the contractor requiring some testing to be processed twice and some additional concrete testing for the facility. He stated the City would recover the cost for the duplicate testing from the contractor in the amount of approximately $4,000. Mayor Pro -Tem Tetens asked if the City required the additional testing. City Manager, Bill Eisen, stated the City required the additional testing. Public Works Director, Jerry Burns, stated the contractor estimated the testing services. Due to the recent inspections, additional testing was requested. Extra testing was taking place in order to make sure the facility will not have future problems. He stated additional testing, outside the original contract, was performed by the contractors on Magnolia Road. Councilmember Marcott asked if the additional $3,000 were due to the findings of Wes Shows watching over the process properly. Public Works Director, Jerry Burns, stated they went over the inspections performed and went to the contractors to complete the work properly. Councilmember Marcott stated he is glad to see the efforts Mr. Shows is making, and he should be commended. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1151 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION OF APPROXIMATELY 34.78 ACRES BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 21. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to approve Ordinance No. 1151 on its first reading. City Manager, Bill Eisen, stated the Savannah Development approached Council approximately one year ago regarding adding property to the boundaries of Municipal Page 10 of 16 — 1/26/2004 Utility District No 21. Council agreed at that time. He stated this item is the formal documentation of the agreement. This would officially request and legally describe approximately 35 acres to be included into Municipal Utility District No. 21. Deputy City Manager, Alan Mueller, stated the development agreement was amended to include the property, and this item is a follow-up to the amendment. Councilmember Marcott asked if the property is all within the City Limits. City Manager, Bill Eisen, and Deputy City Manager, Alan Mueller, stated the property is in the extraterritorial jurisdiction. Councilmember Marcott asked for the exact location. A brief discussion ensued among Council and Staff regarding the location of the property. The property is located near SH 6, approximately two miles east of SH 288. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-13 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT PRICE SUPPLY CONTRACT FOR MOWING SERVICES. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Viktorin, to approve Resolution No. R2004-13. City Manager, Bill Eisen, stated during the budget process of last year, funding was included to do contract mowing and maintenance of the landscaping for the new extension area of Pearland Parkway. He stated a bid process was conducted coinciding with the opening of the extension. Also included was additional mowing along a section of FM 518. The mowing type is very similar for both areas. Very favorable bids were received for the area of Pearland Parkway and the section of FM 518. Both of the areas can be serviced for the amount it would cost to service the area along the Pearland Parkway extension. He stated Cornerstone Maintenance is the low bidder, and the City has utilized the services of the company before on the Federal Emergency Management Agency properties. Councilmember Marcott asked if debris removal was part of the contract. City Manager, Bill Eisen, stated debris removal is part of the contract. Page 11 of 16 — 1/26/2004 Councilmember Owens stated the City gets good comments on the mowing services of Cornerstone Maintenance for the Federal Emergency Management Agency properties. He asked if the mowing cycles of 33 were per year. City Manager, Bill Eisen, stated the mowing cycles of 33 were yearly. Discussion ensued among Council and Staff regarding the current mowing services of Cornerstone Maintenance and the input on the properties currently serviced. Additional discussion ensued among Council and Staff regarding mowing services along McHard overpass. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-9 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE COLONIAL ACRES SEWER PROJECT. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Councilmember Seeger, to approve Resolution No. R2004-9. City Manager, Bill Eisen, stated this item is a construction contract for the Colonial Acres Sewer Project. This is part of the City's effort to provide utility services into some areas that were annexed over the past years. The low bidder is Uticon Inc. based on a bid of $504,184.10. This amount is within the amount budgeted for the construction services. Councilmember Marcott stated on the basic items the amount was very good, but on the alternates the engineer missed it. He stated the extra pay items are estimated too high. Discussion ensued among Council and Staff regarding the bid amounts for the construction services. Councilmember Owens asked if the extra work items are approved before the work takes place. Deputy City Manager, Alan Mueller, stated the estimated quantities are approved with the bid amount; however, the actual quantities will vary once the services take place. Councilmember Owens stated even though the bid amount is approved, the extra work items will need to be approved prior to the services taking place. Page 12 of 16 — 1/26/2004 Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1149 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 20, OFFENSES AND MISCELLANEOUS PROVISIONS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO ADD SECTION 20-14, TO BE ENTITLED OBEDIENCE OF PARK. RULES AND SIGNAGE; HAVING A PENALTY CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, CityAttomey. Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Tetens, to approve Ordinance No. 1149 on its first reading. City Manager, Bill Eisen, stated this item gives enforcement authority to any signage regulating behavior in City parks. City Attorney, Darrin Coker, stated the City Manager is correct. The Parks Department and Police Department requested the Ordinance in order to have a tool for enforcement. Mayor Pro -Tem Tetens asked if the Federal Emergency Management Agency lots are considered as park property. City Attorney, Darrin Coker, stated the Federal Emergency Management Agency lots are not considered as park property because the current parks of the City are dedicated parkland. The Federal Emergency Management Agency lots are only property the City owns. They have not been designated as parks. Mayor Pro -Tem Tetens and Councilmember Marcott asked if the Federal Emergency Management Agency lots could be designated as park property in order to have some restrictions on the properties. City Attorney, Darrin Coker, stated a similar Ordinance could be generated for the Federal Emergency Management Agency lots. Councilmember Marcott asked if Item B could include amounts over the damage of $500.00. City Attorney, Darrin Coker, stated the $500.00 fine is only the amount for the violation of the act. Any damages beyond the act of the crime would need to be litigated. There Page 13 of 16 — 1/26/2004 is a jurisdictional limit in the City Court for no amount greater than $500.00. Other recourses are available to cover any damages. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1126-2 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 1126, THE 2003-2004 ANNUAL BUDGET ORDINANCE, BY. AUTHORIZING CERTAIN ALTERATIONS TO THE GENERAL FUND -CONTINGENCY (PROJECTS DEPARTMENT PERSONNEL 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 Owens, to approve Ordinance No. 1126-2 on its first and only reading. City Manager, Bill Eisen, stated the proposed is for the deletion of a projects right-of- way position and replace it with two clerical positions for the processing of additional paperwork in the projects department due to additional projects in the City. The net difference in cost is approximately $23,000 out of the contingency fund. This change would substantially save more from the Capital Projects Fund. Projects Director, Joe Wertz, stated this item was discussed for over a year due to the changes taking place in the Projects Department. The department is trying to become more efficient with the increase in work. A contracted person was hired to help with the increased volume in work. The City spent nearly $100,000.00 on contracting personnel. This item would truly benefit the Projects Department and the City. Councilmember Owens asked for a description of experience in duties the person filling the position would need to display. Projects Director, Joe Wertz, stated the hiring of an Acquisition Clerk would help get the department in order, and the person could be just as competent as a currently contracted person. The difference would be less money spent for a hired person, rather than the expenses for a contracted person. Mr. Wertz stated some of the issues in the Page 14 of 16 — 1/26/2004 Projects Department regarding contact calls. Councilmember Owens asked if someone on Staff currently in the Department could fill this position. Projects Manager, Joe Wertz, stated he would like to fill the position from the inside. Councilmember Owens stated he understood some of the difficulties the Projects Department is currently experiencing with processing work and contact calls. Discussion ensued among Council and Staff regarding the problems different City Departments are experiencing with getting companies to perform necessary jobs before the contractor on different projects can start working. Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:00 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING POTENTIAL LITIGATION — ZONING. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 9:26 p.m. COUNCIL ACTION — REGARDING POTENTIAL LITIGATION — ZONING. Mr. Darrin Coker, City Attorney. No Council action taken. Page 15 of 16 — 1/26/2004 ADJOURNMENT Meeting was adjourned at 9:27 p.m. Minutes approved as submitted and/or corrected this 9t" day of February A.D., 2004. Tom Reid Mayor ATTEST: Page 16 of 16 — 1/26/2004