2006-01-09 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON JANUARY 9, 2006, AT 7:30 P.M., IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 7:55 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Kevin Cole
Richard Tetens
Woody Owens
Larry Marcott
Steve Saboe
Bill Eisen
Darrin Coker
Young Lorfing
Others in attendance: Assistant City Manager Nick Finan; Assistant City Manager Mike
Hodge; Executive Director of Economic Development Corporation Fred Welch; Police
Chief J.C. Doyle; Fire Chief Paul Jamison; Assistant Fire Chief Buck Stevens; Acting
Public Works Director Danny Cameron; EMS Director Jeff Sundseth; Purchasing Officer
Gordon Island; Project Director Joe Wertz; Project Manager Cecil Bowery
The invocation was given by Mayor Pro -Tem Cole and the Pledge of Allegiance was led
by Police Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Carol Artz, President of the Chamber of Commerce, addressed Council and stated she
would provide a brief summary of 2005. Ms. Artz stated the Chamber mailed out 290
relocation packets, answered at least one gazillion phone calls and conducted 86 ribbon
cuttings. She went on to include that the Chamber conducted a six-month series "How
to Do Business with the City." The Chamber also implemented the HR Foresight series,
initiated the SCORE Program and held a series of SCORE Workshops. Ms. Artz added
that the Chamber began a new alliance with the Bay Area Houston Economic
Partnership who has a Space Alliance Technology Outreach Program. This program
offers 40 hours of engineering expertise to local industries that are experiencing
technical issues at no charge. The Chamber held an elected official reception in
October which was very well received. The Chamber also started a new program called
GovLink that helps link the Government to the people, which will be located on the
Chamber web -site. The Chamber has welcomed over 300 new teachers, conducted
successful Pound the Pavement visits, is planning the Business Expo, and is continuing
to look for a new location for the Chamber to relocate to. Carol finished by stating that
the Chamber increased from 810 to 827 members which has enabled them to increase
dues levels.
Page 1 of 15 — 1/9/2006
Bryan Roller, Coordinator of the Pearland Convention and Visitors Bureau, addressed
Council and stated when the contract with the City of Pearland and the City Council was
signed, the main objective was to gather information and use it to decide what and
where to promote. He stated the Bureau has worked closely with the Department of
Public Transportation to get the events and attractions included in their publications.
The Bureau has also worked hard with the Texas Association of Visitors Bureaus to
build a working relationship. The Bureau also improved their relationship with the
Pearland Parks and Recreation which has brought in soft ball tournaments. Mr. Roller
emphasized that the Bureau has focused on advertising their facilities for visiting,
meetings and athletic events. He went on to say the Pearland Convention and Visitors
Bureau has three upcoming travel shows in January, February and March. He listed the
events as a Cruise and Travel Show Extravaganza on January 22,, a three day Houston
Vacation Leisure and Outdoor Show February 10 — 12 and the Dallas Vacation Leisure
and Outdoor show in March. The Bureau is expanding the Restaurant Guide to include
all Pearland Restaurants and updating the Bureau's web -site.
COUNCIL ACTIVITY REPORTS
Councilmembers Tetens, Owens, Cole, and Marcott passed on giving a report.
Councilmember Saboe stated he has resigned from the Pearland Economic
Development Board and commended Fred Welch for his performance as Director.
CITY MANAGER'S REPORT
City Manager Bill Eisen promoted Winterfest at Independence Park. Mr. Eisen stated
that with the Annexation of Municipal Utility District No. 5 the population of Pearland is
now estimated at 69,000 and within the first quarter of 2006 Pearland would grow over
70,000.
CITIZENS - None
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES:
1. Minutes of the December 5, 2005, Joint Public Hearing held at 6:30 p.m.
2. Minutes of the December 5, 2005, Public Hearing (Parks Grant) held at 7:00
p.m.
3. Minutes of the December 5, 2005, Public Hearing (Parks Master Plan) held at
7:00 p.m.
Page 2 of 15 — 1/9/2006
B. CONSIDERATION AND POSSIBLE
OF SHADOW CREEK RANCH SF -42.
Mr. Doug Kneupper, City Engineer.
ACTION — SUBDIVISION ACCEPTANCE
C. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE
OF SHADOW CREEK RANCH SF -53.
Mr. Doug Kneupper, City Engineer.
D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-1 — A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
EXPRESSING SUPPORT FOR RETAINING THE FIRE TRAINING FACILITY AT
ITS CURRENT LOCATION. Mr. Bill Eisen, City Manager.
E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-3 — 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 Owens asked that Consent Agenda Item D be removed from the
Consent Agenda for further discussion.
Councilmember Tetens made the motion, seconded by Councilmember Owens, to
adopt Consent Agenda Items A through E with the exception of item D, as presented on
the Consent Agenda.
Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-1 — A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
EXPRESSING SUPPORT FOR RETAINING THE FIRE TRAINING FACILITY AT
ITS CURRENT LOCATION. Mr. Bill Eisen, City Manager.
As requested by Councilmember Owens, Consent Agenda Item D was removed for
further discussion.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Cole to approve
R2006-1.
Page 3 of 15 — 1/9/2006
City Manager Bill Eisen stated this item is the result of a Workshop held by the Council
prior to this meeting where the Fire Chief Paul Jamison and Assistant Fire Chief Buck
Stevens presented information pertaining to the fire training facility. They asked that the
Council formally declare their support for the continued use and future expansion at the
facility.
Councilmember Owens stated that he removed this item because he would like to see
plans made for the Fire Department to utilize the current Police Facility to develop a
complete facility.
Councilmember Marcott requested updated information regarding the signage in front of
the facility.
City Manager Bill Eisen stated that there is a temporary sign that should be installed
within the next couple of weeks. The temporary sign will be facing the residential
property to the immediate south. The City will be attending scheduled meetings with a
sign company later in the week. The results of the meetings and staff suggestions will
be placed on a future agenda.
Councilmember Marcott stated he feels this needs to be handled to prevent complaints
from neighbors regarding possible smoke and noise during training.
Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens
Voting "No" None.
Motion Passed 5 to 0.
NEW BUSINESS
FIRST READING OF ORDINANCE NO. 509-810 — 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 DESIGNATING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY LOCATION BEING APPROXIMATELY 584 ACRES
MORE OR LESS, BEING ALL OF MUNICIPAL UTILITY DISTRICT NO. FIVE (MUD 5),
INCLUDING CRYSTAL LAKE SUBDIVISION SECTION 1 AND SECTION 2,
SOUTHDOWN SUBDIVISION SECTION 1, SECTION 2, SECTION 3, SECTION 4,
SECTION 5, SECTION 6, SECTION 7, SECTION 8, SECTION 9, SECTION 10,
SECTION 11, SECTION 12, AND SECTION 13; 6.270 ACRES IN ABSTRACT 174,
JAMES CRAWLEY SURVEY, TRACT 1C; 11.91 ACRES IN ABSTRACT 174, JAMES
CROWLEY SURVEY, SOUTHDOWN COMMERCIAL RESERVE TRACT C; 0.135
ACRES IN ABSTRACT 174, JAMES CROWLEY SURVEY, SOUTHDOWN
COMMERCIAL RESERVE TRACT B; 0.218 ACRES IN ABSTRACT 174, JAMES
Page 4 of 15 — 1/9/2006
CROWLEY SURVEY, SOUTHDOWN COMMERCIAL TRACT A-1; 0.298 ACRES IN
ABSTRACT 174, JAMES CROWLEY SURVEY, SOUTHDOWN COMMERCIAL TRACT
A; 1.049 ACRES IN ABSTRACTS 174, 310, AND 510, SOUTHDOWN COMMERCIAL
SUBDIVISION RESERVE 131; 4.010 ACRES IN ABSTRACT 310, H.T. & B.R.R.
COMPANY SURVEY, TRACT 36A; 1.6060 ACRES IN ABSTRACT 310, H. T. & B.R.R.
COMPANY SURVEY, TRACT 36 AND TRACT 1132; AND 62.048 ACRES IN
ABSTRACT 215, CHAS J HALL SURVEY, TRACT 1,213, 1 G, 1 H, 11, 1 J, AND 1 K, CITY
OF PEARLAND, BRAZORIA COUNTY, TEXAS) (ZONE CHANGE APPLICATION NO.
1250) AS CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2), SINGLE
FAMILY DWELLING DISTRICT (R-3), SINGLE FAMILY DWELLING DISTRICT (R-4),
NEIGHBORHOOD SERVICE DISTRICT (NS), AND GENERAL BUSINESS DISTRICT
(GB), 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. Nick Finan,
Assistant City Manager.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Cole, to
approve Ordinance No. 509-810 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. 1250.
City Manager Bill Eisen stated this Ordinance formally zones the property in Municipal
Utility District No. 5, which includes Southdown and Crystal Lake.
Councilmember Marcott stated the Ordinance language does not include the
information on R-1 Zones.
Discussion ensued between Council and City Manager Bill Eisen regarding the
Ordinance and including R-1 Zone information prior to a second reading.
Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 1239 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, GRANTING A VARIANCE
REQUEST FOR THE ISSUANCE OF A BUILDING PERMIT PRIOR TO THE
COMPLETION OF THE PUBLIC INFRASTRUCTURE. Mr. Nick Finan, Assistant City
Manager.
Page 5 of 15 — 1/9/2006
Mayor Pro -Tem Cole made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 1239 on its first and only reading as amended.
City Manager Bill Eisen stated the Ordinance has been reviewed and considered by
Council on a previous occasion. The Ordinance is a request from Memorial Hermann to
obtain a building permit after final plat approval but prior to all infrastructure approval in
the vicinity where they will construct a medical facility. During the prior review, there
were several outstanding issues that Council asked to have resolved prior to Ordinance
approval. Assistant City Manager Nick Finan will be updating Council on the status of
the prior issues.
Assistant City Manager Nick Finan stated Council had requested that the Ordinance not
be reconsidered until the final plat was approved. The plat is considered complete, but
is not scheduled for review by the Planning and Zoning Commission until January 16,
2006. There are currently two outstanding issues that include lien holder information on
the plat and a Tax Certificate, both of which should be resolved before the meeting with
Planning and Zoning. The final outstanding issue is a Traffic Impact Analysis for the
entire property that is being conducted by Transwestern and will take time to work out.
City Engineer Doug Kneupper stated the Traffic Impact Analysis is typical. The traffic
report will be returned with several recommendations for the area to mitigate the impact
on traffic. The traffic engineer with Transwestern and the City consultant then meet to
agree on percentages of contributions from the different generation centers in the site.
When the dollar amount is reached, it is placed into an account to be available when the
project is done.
Mayor Pro -Tem Cole asked what the status is on the construction and infrastructure
plans.
City Manager Nick Finan stated the construction plans have been approved and the
infrastructure plan is in the process of being approved.
Councilmember Marcott asked for clarification on what the Ordinance states has to be
completed prior to a building permit being issued.
Assistant City Manager Nick Finan stated a building permit is not typically issued until all
infrastructure is put in place and the final plat is approved.
Councilmember Marcott stated he believes that Council should maintain the
requirements of the Ordinance or issuing variances will become a standard practice.
Councilmember Tetens stated that he is in agreement with Councilmember Marcott.
Allowing one person to break the rules will give the impression that everyone can break
the rules. Granting this type of variance will cause issues in the future.
Page 6 of 15 — 1/9/2006
Councilmember Saboe asked Assistant City Manager Nick Finan for clarification on
whether the only policing method is the issuance of the Certificate of Occupancy.
Assistant City Manager Nick Finan stated that Councilmember Saboe is correct.
Discussion ensued between Councilmembers, Mayor Reid, City Manager Bill Eisen,
Assistant City Manager Nick Finan, and Jack Carter with Dannebaun Engineering
regarding the Ordinance and when the developer would be able to meet all the
requirements for the building permit.
Councilmember Owens asked Councilmember Marcott and Councilmember Tetens if
there was anything that could be said that would convince them to approve the
Ordinance as it stands on its first reading.
Councilmember Marcott and Councilmember Tetens both stated nothing could be said
that would persuade them to vote "aye" on the Ordinance at this time.
Councilmember Owens stated by declaring the Ordinance an emergency it would take a
4 to 5 vote to approve. The Ordinance needs to be tabled or passed to another Agenda.
City Attorney Darrin Coker stated the Ordinance may be amended to remove the
Declaration of Emergency to include a second reading.
Mayor Pro -Tem Cole made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 1239 on its first and only reading, as amended, to remove the
Declaration of Emergency and to include a second reading.
Voting "Aye" Councilmembers Owens, Cole, and Saboe.
Voting "No" Councilmembers Tetens and Marcott.
Motion Passed 3 to 2.
Mayor Reid called for the vote on the original motion as amended.
Voting "Aye" Councilmembers Owens, Cole, and Saboe.
Voting "No" Councilmembers Tetens and Marcott.
Motion Passed by 3 to 2
Page 7 of 15 — 1/9/2006
FIRST AND ONLY READING OF ORDINANCE NO. 1240 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, GRANTING A VARIANCE
REQUEST FOR THE ISSUANCE OF A BUILDING PERMIT PRIOR TO THE
COMPLETION OF THE PUBLIC INFRASTRUCTURE. Mr. Nick Finan, Assistant City
Manager.
Councilmember Marcott made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 1240 on its first and only reading.
City Manager Bill Eisen stated this Ordinance is a request for a variance to obtain a
building permit after final plat approval but prior to infrastructure being installed.
Assistant City Manager Nick Finan stated the project is a commercial site that includes
4 to 5 acres of land that is a portion of Province Village. The developer had similar
issues as the developer discussed in Ordinance 1239 did. The Council has previously
voted the approval down. The final plat is scheduled for approval on January 16 and
the Traffic Impact Analysis and construction plans are completely approved. The utility
company letters are the only items missing at this point.
Mayor Pro -Tem Cole asked Assistant City Manager Nick Finan whether it is true or not
that the City of Pearland informed the developer that they would be able to utilize
existing sewer lines and later revoked the statement.
Assistant City Manager Nick Finan stated he was not aware of those statements being
made and would have to discuss the issue with Engineering or Public Works.
Project Manager Cecil Bowery stated that there are waterlines available at the site but
no sewer line.
Discussion ensued between Council, Assistant City Manager Nick Finan, and Project
Manager Cecil Bowery regarding the availability of sewer lines in the area of the project.
Assistant City Manager Nick Finan stated that the developer receiving approval to use
existing sewer lines was possibly a misunderstanding.
Alan Mueller, LJA Engineering, stated the plan for sanitary lines is to come in from the
back of the development and then over to Pearland Parkway. The difference between
this variance request and the previous Hermann Hospital request is that access and
water are already available on Broadway. The Building Permit Application has not yet
been submitted but will be submitted in the current week.
Councilmember Tetens stated that he feels that if they are going to grant one developer
a variance, the Ordinance needs to be changed.
Page 8 of 15 — 1/9/2006
Councilmember Marcott stated that he is not in agreement with granting a variance.
Discussion ensued between Council, Mayor Reid, and Alan Mueller with LJA
Engineering regarding the project.
Voting "Aye" None.
Voting "No" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens.
Motion Failed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2006-2 — 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 FIRE TRUCK. Mr. Bill Eisen,
City Manager.
Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Cole to approve
Resolution No. R2006-2.
City Manager Bill Eisen stated the current budget included funds for the purchase of a
new pumper truck along with various loose equipment. The assumption at that time
was that the funds for the loose equipment would be taken from the operating fund and
the funding for the truck would come from the issuance of short-term debt. The
specifications for cost and ordering the truck have been completed and the total cost is
more than the original budgeted amount. The impact of the additional funds required on
the current budget would be minor. Fire Chief Paul Jamison and Assistant Fire Chief
Buck Stevens were present and could answer any additional questions.
Mayor Pro -Tem Cole asked City Manager Bill Eisen and Purchasing Officer Gordon
Island if the City of Pearland is provided with a list of bidders.
Purchasing Officer Gordon Island stated the City of Pearland was provided with a list of
bidders.
Discussion ensued between Mayor Pro -Tem Cole and City Manager Bill Eisen
regarding the bidding process.
Councilmember Marcott stated that he is confused about several pricing issues. He
asked if the existing Engine No. 69 is past its life expectancy. The budgeted amount is
$465,000 and the request is to increase this to $487,000, but the presented totals listed
in the paperwork appear to total $527,000.
Page 9 of 15 — 1/9/2006
Fire Chief Paul Jamison stated the price breakdown for the actual mechanical
apparatus itself is just under $400,000. The dealer is applying loose equipment in the
amount of $87,335. The $17,500 is a break-out of equipment that can be purchased by
the City at a cheaper price than the dealer is offering.
Councilmember Marcott asked if the $17,500 is in addition to the $487,000.
City Manager Bill Eisen verified that the $17,500 is in addition to the $487,000.
Discussion ensued between Council, City Manager Bill Eisen, and Fire Chief Paul
Jamison regarding the budget and equipment.
Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2006-4 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK
AUTHORIZATION #1 SUPPLEMENT #19 FOR CONSTRUCTION SERVICES
ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM
(CORRIGAN SUBDIVISION DRAINAGE IMPROVEMENTS). Mr. Bill Eisen, City
Manager.
Councilmember Tetens made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2006-4.
City Manager Bill Eisen stated Phase III of the Corrigan Drainage Improvements is
about ready to go to bid. The current proposal is a supplement to the existing T C & B
contract to provide certain engineering services associated with getting the bid process
completed.
Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2006-5 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK
AUTHORIZATION #1 SUPPLEMENT #21 FOR CONSTRUCTION MANAGEMENT
SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND
PROGRAM (YOST ROAD PROJECT). Mr. Bill Eisen, City Manager.
Page 10 of 15 — 1/9/2006
No Council Action taken this Item was passed to a future Agenda
COUNCIL ACTION — RESOLUTION NO. R2006-8 — 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
STEPHENSON PROPERTIES, INC. FOR RIGHT-OF-WAY ACQUISITION SERVICES
ASSOCIATED WITH THE INDUSTRIAL DRIVE SEWER PROJECT.
Mr. Al Hague, Acquisition Manager.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Cole, to
approve Resolution No. R2006-8.
City Manager Bill Eisen stated the contract is for parcels of land that are required as
easements or as right-of-way for construction of sewer lines along Industrial Drive. The
contract is proposed with Stephenson Properties Inc.
Councilmember Saboe asked City Manager Bill Eisen if the City had previous positive
experience working with Stephenson Properties.
Project Director Joe Wertz stated Kevin Stephenson worked with Contract Landstaff
and was a founder of PAI. The previous working relationship was positive.
Councilmember Saboe asked Project Director Joe Wertz if $2,200 is a standard number
for this type of project.
Project Director Joe Wertz stated that the original number was $2,750 and was
negotiated down to $2,200.
Councilmember Owens asked that, in the future, a map of parcel locations be included
with parcel takings.
Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe.
Voting "No" None.
Motion Passed 5 to 0.
Page 11 of 15 — 1/9/2006
COUNCIL ACTION — RESOLUTION NO. R2006-9 — 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 COBB
FENDLEY & ASSOCIATES FOR RIGHT-OF-WAY ACQUISITION SERVICES
ASSOCIATED WITH THE SH 35 SEWER PROJECT. Mr. Al Hague, Acquisition
Manager.
Mayor Pro -Tem Cole made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2006-9.
City Manager Bill Eisen stated this contract is for property acquisition only as it relates
to the need for easements and right-of-way for construction of a sewer line along SH 35.
Cobb Fendley & Associates has worked with the City on a number of occasions with
positive results.
Mayor Reid asked that to prevent confusion, the definition of South Highway 35 be
changed to Main Street.
Councilmember Marcott asked if the project starts from the new line that has gone
across on John Lizer and goes north and south.
City Manager Bill Eisen stated he believes the project actually goes a little further north.
Mayor Pro -Tem Cole asked if there was an advantage to using two different firms that
were performing basically the same type of work.
City Manager Bill Eisen stated the work is generally completed at a faster pace when
two firms are working simultaneously.
Councilmember Marcott stated he had previously asked why two firms were being used
and was told the project was too large to be completed by one firm.
Councilmember Saboe asked Project Director Joe Wertz whether it was feasible that
multiple parcels were owned by the same landowner and the City is negotiating with the
same person for multiple parcels.
Project Director Joe Wertz stated multiple parcels owned by one person are counted
and negotiated as one unit.
Discussion ensued between Council and Project Director Joe Wertz regarding the land
parameters of the project.
Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens.
Page 12 of 15 — 1/9/2006
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2006-7 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER
NO. 1 ASSOCIATED WITH THE INFLOW AND INFILTRATION PROJECT (PHASE II).
Mr. Bill Eisen, City Manager.
COUNCIL ACTION — RESOLUTION NO. R2006-6 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER
NO. 1 ASSOCIATED WITH THE INFLOW AND INFILTRATION PROJECT (PHASE III).
Mr. Bill Eisen, City Manager.
Councilmember Marcott made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2006-7 and Resolution No. R2006-6.
City Manager Bill Eisen stated the Resolutions are the amendments to the Phase II and
Phase III of the Inflow and Infiltration contract that was previously discussed.
Councilmember Marcott stated it is good that there is a local company that is able to
perform the necessary work and put money back into the community.
Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1238 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A MUNICIPAL
COURT TECHNOLOGY FEE; HAVING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR
PUBLICATION. Ms. Pat Riffel, Municipal Court Administrator.
Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Cole, to approve
Ordinance No. 1238 on its first reading.
City Manager Bill Eisen stated the Ordinance does not establish the fee but approves
an existing but expired Ordinance.
Discussion ensued between Council, City Manager Bill Eisen, and City Attorney Darrin
Coker regarding the Ordinance.
Page 13 of 15 — 1/9/2006
Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 10:15 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY —
REGARDING POTENTIAL LITIGATION ASSOCIATED WITH CITY
INFRASTRUCTURE PROJECTS. Mr. Darrin Coker, City Attorney.
2. SECTION 551.087 — CONSULTATION WITH CITY ATTORNEY —
REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. Mr. Bill
Eisen, City Manager.
3. SECTION 551.072 — REAL PROPERTY: DISCUSSION REGARDING THE
SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY — CITY
FACILITIES. Mr. Bill Eisen, City Manager.
Council returned from Executive Session at 11:30 p.m.
NEW BUSINESS (CONTINUED):
COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH
CITY INFRASTRUCTURE PROJECTS. City Council.
Mayor Pro -Tem Cole made the motion, seconded by Councilmember Owens,
authorizing the City Attorney to move forward with settlement negotiations as discussed
in Executive Session.
Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS.
City Council.
Page 14 of 15 — 1/9/2006
No action taken by Council.
COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE
OF REAL PROPERTY — CITY FACILITIES. City Council.
No action taken by Council.
ADJOURNMENT
Meeting was adjourned at 11:31 p.m.
Minutes approved as submitted and/or corrected this the 27th day of February, 2006.
ATTEST:
W'W'l MR, " e, � � wo_
a • .,'
Tom Reid
Mayor
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