2006-04-24 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON APRIL 24, 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 7:45 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Kevin Cole
Councilmember
Woody Owens
Councilmember
Larry Marcott
Councilmember
Steve Saboe
City Manager
Bill Eisen
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Absent: Councilmember Richard Tetens
Others in attendance: Assistant City Manager Mike Hodge; Police Chief J.C. Doyle;
Director of Finance Claire Manthei; Public Works Director Danny Cameron; Project
Director Joe Wertz; City Engineer Doug Kneupper; EMS Director Jeff Sundseth; and
Senior Planner Theresa Grahmann.
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
Mayor Reid reported April 12, he attended the Adult Reading Center Board of Directors
Meeting; April 13, attended the Chamber Ribbon Cutting, judged Easter hats for the
Golfcrest Women's Association, and attended the Chamber Ribbon Cutting for Kyle &
Associates; April 14, attended a luncheon with Citizen Group; April 17, attended an
Agenda Meeting, a Council Workshop, and Special Meeting; April 18, attended the H -
GAC Board of Directors Meeting, a meeting with Assistant City Manager Nick Finan and
Center Point Management on an Energy Corridor, and the Chamber Ribbon Cutting for
Capital Bank; April 19, joined Congressman Tom DeLay for the Ribbon Cutting on
McHard Road, attended the Brazoria Economic Alliance Membership Luncheon, and
the BCCA Monthly Meeting; April 20, attended the Chamber Leadership Council
Meeting, the State of the City Report by Pasadena Mayor John Manlove, and the Gulf
Coast Water Authority Board of Directors Meeting; April 21, attended the Keep Pearland
Beautiful Awards Banquet; April 22, participated with CVS Pharmacy on the Child
Identification Card Program and attended the Exchange Club Gulf Coast Law
Enforcement Awards Banquet; April 24, attended the School District Education
Improvement Monthly Meeting.
Page 1 of 14 — 4/24/2006
City Manager Bill Eisen stated that there had been an attempted kidnapping the
previous week. Because of the quick action of the child and the Pearland Police
Department, the suspect was apprehended. Mr. Eisen asked Police Chief J.C. Doyle to
make a few comments regarding the event and explain the preventative programs
offered by the Pearland Police Department.
Police Chief J.C. Doyle stated on April 17th, at approximately 7:00 a.m., a 9 -year old
second grader was waiting for the bus in the vicinity of Cantu Street and Wagon Trail
Road. A white male in a silver truck attempted to kidnap the child. The child was able
to escape and give her mother an accurate description of the suspect. The police were
contacted: a perimeter was formed around the area, and the suspect was apprehended.
Police Chief J.C. Doyle recognized Dispatcher K. Ankrom, Corporal J. Thomas, Officer
J. Middleton, Officer D. Herrera, and Detective C. Arnold.
Police Officer Jon Matherne stated the citizens of Pearland need to talk to their children.
The Police Department and Parks and Recreation are developing a program called
R.A.D. The program teaches a person how to get away from a potential attacker.
Police Chief J.C. Doyle stated the Police Department is also available to come and
speak to groups to discuss safety and preventative measures.
Councilmember Marcott stated he would like to congratulate the members of the Police
force for helping the outcome of the situation be a good one. He feels having a strong
police presence and teaching the children in the schools how to protect themselves is
essential.
Mayor Pro -Tem Cole stated the City of Pearland has asked the City Attorney to develop
a Sex Offender Ordinance that will be reviewed by Council.
Mayor Reid presented a proclamation to Police Chief J.C. Doyle, proclaiming April 23rd
— 29th 2006 as "Crime Victim's Rights Week."
Crime Victim liaison Gina Mendez stated the Crime Victim's Assistance Program follows
up on all cases reported to the Pearland Police Department to offer any assistance
needed to the victims. The services are available 24 hours a day to any crime victim.
Brazoria County Crime Victim Coordinator Gary Barker stated the Brazoria County
Community Supervision and the Pearland Police Department have co-sponsored a
program called "Sleep Tight". The program is a drive for donations of new sleepwear
for women and children at the battered women's shelters in the area. The drive runs
through Thursday, April 27, 2006.
Page 2 of 14 — 4/24/2006
Mayor Reid presented a proclamation to Elks Lodge member Mike Ellis, proclaiming
May 7th — 13th, 2006 as "Elks National Youth Week."
Mike Ellis, Elks Lodge, stated the first week in May kicks off the Elks Lodge's Drug
Awareness and Youth Scholarship Programs. The Elks Lodge gives approximately
$80,000,000 to youth scholarships through an essay program.
City Manager Bill Eisen stated the City of Pearland would like to recognize the
Employee of the Quarter. The employees were nominated by their co-workers and then
selected by a committee.
Mayor Reid and City Manager Bill Eisen presented Stephen Vavrecka with Certificate of
Recognition as the City of Pearland Employee of the Quarter.
Mayor Reid and City Manager Bill Eisen presented Stephen Adams with Certificate of
Recognition as the City of Pearland Part-time Employee of the Quarter.
COUNCIL ACTIVITY REPORTS
Councilmember Tetens was absent.
Councilmembers Owens and Marcott passed on giving a report.
Mayor Pro -Tem Cole reported he attended the event put on by Keep Pearland Beautiful
Friday, April 21, 2006. It was interesting to see what goes into keeping the City clean
and beautiful. He would also like to make sure Pearland reviews the pay of the City
Police Officers in comparison with the surrounding area to verify Pearland officers are
getting proper salaries.
Councilmember Saboe thanked the Knights of Columbus for holding the Crawfish
Festival.
CITY MANAGER'S REPORT
City Manager Bill Eisen passed on giving a report.
CITIZENS: None
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — MINUTES
Page 3 of 14 — 4/24/2006
1. Minutes of the April 10, 2006, Regular Council Meeting held at
7:30 p.m.
2. Minutes of the April 17, 2006, Special Council Meeting held at
6:15 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000M-1 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE
CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING
THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION
BEING 10.00 ACRES OF LAND, LOT 64, OF THE ALLISON RICHEY
GULF COAST HOME COMPANY'S SUBURBAN GARDENS
SUBDIVISION OF SECTION 19, H. T. & B.R.R. COMPANY SURVEY,
ABSTRACT 243, AS RECORDED IN VOLUME 400, PAGE 590, OF
THE BRAZORIA COUNTY DEED RECORDS, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE
NORTH SIDE OF FM 518 (BROADWAY STREET), AND EAST OF
WESTGATE STREET) (ZONE CHANGE APPLICATION NO. 2006-
10Z) FROM CLASSIFICATION SUBURBAN RESIDENTIAL -12
DISTRICT (SR -12) TO GENERAL BUSINESS RETAIL DISTRICT
(GB), AT THE REQUEST OF JOSEPH BENES, APPLICANT FOR
JUDITH I. POSTON, BETTY P. HILL, DONALD E. BENES, AND
JOSEPH BENES, OWNERS, PROVIDING FOR AN AMENDMENT OF
THE ZONING 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.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
REAbING OF ORDINANCE NO. 2000M-2 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE
CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING
THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION
BEING 71.70 ACRES OF LAND IN THE H. T. & B.R.R. COMPANY
SURVEY, SECTION 80, ABSTRACT 564, BEING ALL OF LOTS 40,
41, 47 THROUGH 50, THE EASTERLY HALF OF LOT 39 AND A
WESTERLY PORTION OF LOT 51, BLOCK 80, OF THE ALLISON-
RICHEY GULF COAST HOME COMPANY SUBDIVISION
RECORDED IN VOLUME 2, PAGE 98, OF THE BRAZORIA COUNTY
MAP RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF
BROADWAY STREET, AND ON THE WEST SIDE OF STATE
Page 4 of 14 — 4/24/2006
HIGHWAY 288) (ZONE CHANGE APPLICATION NO. 2006-13Z)
FROM CLASSIFICATION SINGLE FAMILY ESTATE DISTRICT (R -E)
TO PLANNED DEVELOPMENT DISTRICT (PD), AT THE REQUEST
OF JAMES JOHNSON AND TRAILS DEVELOPMENT, LTD.,
APPLICANT FOR WILLIAM WALSH AND TRAILS DEVELOPMENT,
LTD., OWNERS, PROVIDING FOR AN AMENDMENT OF THE
ZONING 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.
D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1263 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, NAMING A
PORTION OF THE BELTWAY 8/SH 288 FRONTAGE ROAD AS
BASS PRO SHOPS DRIVE; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING
AN EFFECTIVE DATE, FOR PUBLICATION AND FOR
CODIFICATION. Mr. Bill Eisen, City Manager.
Councilmember Marcott asked that Consent Agenda Item C be removed from the
Consent Agenda for further discussion.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Cole, to adopt
Consent Agenda Items A through D with the exception of item C, as presented on the
Consent Agenda.
Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
MATTERS REMOVED FROM CONSENT AGENDA
As requested by Councilmember Marcott Consent Agenda Item C was removed for
further discussion.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000M-2 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE
CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING
THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION
Page 5 of 14 — 4/24/2006
BEING 71.70 ACRES OF LAND IN THE H. T. & B.R.R. COMPANY
SURVEY, SECTION 80, ABSTRACT 564, BEING ALL OF LOTS 40,
41, 47 THROUGH 50, THE EASTERLY HALF OF LOT 39 AND A
WESTERLY PORTION OF LOT 51, BLOCK 80, OF THE ALLISON-
RICHEY GULF COAST HOME COMPANY SUBDIVISION
RECORDED IN VOLUME 2, PAGE 98, OF THE BRAZORIA COUNTY
MAP RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF
BROADWAY STREET, AND ON THE WEST SIDE OF STATE
HIGHWAY 288) (ZONE CHANGE APPLICATION NO. 2006-13Z)
FROM CLASSIFICATION SINGLE FAMILY ESTATE DISTRICT (R -E)
TO PLANNED DEVELOPMENT DISTRICT (PD), AT THE REQUEST
OF JAMES JOHNSON AND TRAILS DEVELOPMENT, LTD.,
APPLICANT FOR WILLIAM WALSH AND TRAILS DEVELOPMENT,
LTD., OWNERS, PROVIDING FOR AN AMENDMENT OF THE
ZONING 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 2000M-2.
City Manager Bill Eisen stated this Ordinance is a zoning case involving a 71 -acre tract
of land located south of Shadow Creek Ranch. The land will be primarily used for
residential purposes with minimal commercial use.
Councilmember Marcott stated he opposes the commercial property being located in
the front of the development.
Voting "Aye" Councilmembers Owens, Cole, and Saboe.
Voting "No" Councilmember Marcott.
Motion Passed 3 to 1, with Councilmember Tetens absent.
NEW BUSINESS
FIRST AND ONLY READING OF ORDINANCE NO. 2000M-4 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 2000M, THE ZONING MAP OF THE CITY OF PEARLAND, TEXAS,
FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL
PROPERTY, LOCATION BEING 64.8110 ACRES OF LAND, BEING THE FINAL PLAT
OF TWIN LAKES SECTION ONE, AS RECORDED IN VOLUME 24, PAGES 232 AND
Page 6 of 14 — 4/24/2006
233, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST
SIDE OF VETERANS DRIVE, AND APPROXIMATELY 1,000 FEET SOUTH OF
WALNUT STREET) (ZONE CHANGE APPLICATION NO. 2006-15Z) FROM
CLASSIFICATION PLANNED DEVELOPMENT DISTRICT (PD) TO PLANNED
DEVELOPMENT DISTRICT (PD), AN AMENDMENT TO THE EXISTING PLANNED
DEVELOPMENT DISTRICT (PD) FOR TWIN LAKES, AT THE REQUEST OF JERRY
MCGINTY, APPLICANT FOR STAR TWO TWIN LAKES, L.P., OWNER, PROVIDING
FOR AN AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY
BECAUSE THE NEED TO REGULATE ZONING AND LAND USE INURES TO THE
BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Nick Finan, Assistant
City Manager.
Mayor Pro -Tem Cole made the motion, seconded by Councilmember Saboe, to approve
Ordinance No. 2000M-4 on its first and only reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Application No. 2006-15Z.
City Manager Bill Eisen stated this Ordinance is an amendment to an existing Planned
Unit Development Zoning District. It substitutes a solid poly -mason material fence for
the previously approved wrought -iron fence. Council had previously agreed that if the
Planning and Zoning Board approved the change, the Ordinance would be on the
agenda as a First and Only Reading.
Councilmember Marcott asked if the poly -mason was changed to concrete and if the
only change was the fence.
Mayor Pro -Tem Cole stated that the write-up states the fence will be concrete. He
thanked staff for their work on the Ordinance.
Voting "Aye" Councilmembers Saboe, Marcott, Cole, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION — RESOLUTION NO. R2006-54 — 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,
Page 7 of 14 — 4/24/2006
GOGGAN, BLAIR, & SAMPSON, LLP FOR TAX COLLECTION SERVICES. Mr. Bill
Eisen, City Manager.
Councilmember Marcott made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2006-54.
City Manager Bill Eisen stated this Resolution involves an extension of an existing
agreement for tax collecting services. The same firm has been providing the service for
several years. The agreement is basically the same with a few minor changes that
were recommended by the Director of Finance.
Voting "Aye" Councilmembers Owens, Cole, Marcott, and Saboe.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION — RESOLUTION NO. R2006-55 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR INSPECTION
SERVICES. Mr. Bill Eisen, City Manager.
Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Cole, to approve
Resolution No. R2006-55.
City Manager Bill Eisen stated this Resolution is for third -party inspection services. The
service would be provided by Bureau Vertias and the fee would be equal to 80% of the
fees collected by the City.
Councilmember Marcott asked why there were two names for the company.
Chuck Harrington, Bureau Veritas, stated the other name is Grand Marcus; this
company was bought out by Bureau Veritas.
Councilmember Marcott asked where the people that will service the City of Pearland
will be located.
Chuck Harrington, Bureau Veritas, stated the people that will service the City of
Pearland will be located in the local area. The company is newly located in Houston.
Brief discussion ensued between Council, City Manager Bill Eisen, and Chuck
Harrington, Bureau Veritas regarding the Resolution.
Voting "Aye" Councilmembers Saboe, Marcott, Cole, and Owens.
Page 8 of 14 — 4/24/2006
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION — RESOLUTION NO. R2006-52 — THAT THE CERTAIN
AGREEMENT DATED BETWEEN THE STATE OF TEXAS AND THE
CITY OF PEARLAND, FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE,
USE, OPERATION, AND MAINTENANCE OF CERTAIN HIGHWAY TRAFFIC
SIGNALS/LIGHTING AT THE LOCATION(S) SHOWN ON EXHIBIT 1, ATTACHED
HERETO AND MADE A PART HEREOF, IN THE CITY OF PEARLAND, BE AND THE
SAME IS HEREBY APPROVED, AND IS HERBY AUTHORIZED TO
EXECUTE SAID CONTRACT ON BEHALF OF SAID CITY TO TRANSMIT THE SAME
TO THE STATE OF TEXAS FOR APPROPRIATE ACTION. Mr. Bill Eisen, City
Manager.
FIRST AND ONLY READING OF ORDINANCE NO. 1265 — AN ORDINANCE
PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED
BETWEEN THE STATE OF TEXAS AND THE CITY OF PEARLAND FOR THE
INSTALLATION, CONSTRUCTION, EXISTENCE, USE OPERATION, AND
MAINTENANCE OF HIGHWAY TRAFFIC SIGNALS/LIGHTING AT THE LOCATION(S)
SHOWN ON EXHIBIT 1, ATTACHED HERETO AND MADE A PART HEREOF, IN THE
CITY OF PEARLAND; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT;
AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Cole, to
approve Resolution No. R2006-52 and Ordinance No. 1265.
City Manager Bill Eisen stated due to the similarity of content, with the permission of
Council, he would like to present Resolution No. R2006-52 and Ordinance No. 1265
together.
Councilmember Marcott asked when the traffic signal will be installed.
City Engineer Doug Kneupper stated the installation will be soon. The project has been
delayed due to design issues with TxDOT.
Councilmember Marcott stated that he was asking because due to the construction on
Dixie Farm Road, the traffic flow through Pine Hollow will increase. The light will benefit
the traffic flow.
Councilmember Woody Owens left Council Chambers at 8:45 p.m.
Voting "Aye" Councilmembers Cole, Marcott, and Saboe.
Page 9 of 14 — 4/24/2006
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Owens and Tetens absent
COUNCIL ACTION — RESOLUTION NO. R2006-48 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN AGREEMENT WITH BRAZORIA
COUNTY MUNICIPAL UTILITY DISTRICT NO. 34. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Cole made the motion, seconded by Councilmember Marcott, to
approve Resolution No. R2006-48.
City Manager Bill Eisen stated this Resolution is an agreement to reimburse the
developer of Southern Trails for costs associated with the installation of an over -sized
sewerline that will be installed at the request of the City.
Voting "Aye" Councilmembers Saboe, Marcott, and Cole.
Voting "No" None.
Motion Passed 3 to 0.
COUNCIL ACTION — RESOLUTION NO. R2006-53 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN ADVANCED FUNDING
AGREEMENT WITH THE STATE OF TEXAS FOR IMPROVEMENTS TO THE OLD
ALVIN BRIDGE. Mr. Bill Eisen, City Manager.
Councilmember Marcott made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2006-53.
City Manager Bill Eisen stated this Resolution relates to a new bridge installation at
Town Ditch and Old Alvin Road. The design will be for a permanent four -lane bridge.
Discussion ensued between Council, City Manager Bill Eisen, Project Director Joe
Wertz, and City Engineer Doug Knuepper regarding the Resolution.
Voting "Aye" Councilmembers Cole, Marcott, and Saboe.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Owens and Tetens absent.
Page 10 of 14 — 4/24/2006
COUNCIL ACTION — RESOLUTION NO. R2006-49 — 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
GEORGE O. PUIG, FOR CONSTRUCTION MANAGEMENT SERVICES
ASSOCIATED WITH THE YOST ROAD PROJECT. Mr. Bill Eisen, City
Manager.
Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Cole, to approve
Resolution No. R2006-49.
City Manager Bill Eisen stated George Puig has been a construction manager for the
Yost Road Project. This Resolution is to enter into a contract with Mr. Puig as an
individual contractor upon his retirement.
Councilmember Marcott asked if Mr. Puig has all the required insurance coverages.
Project Director Joe Wertz stated Mr. Puig is in the process of obtaining the required
insurance coverages.
Voting "Aye" Councilmembers Saboe, Marcott, and Cole.
Voting "No" None.
Motion Passed 3 to 0, with Councilmember Owens and Tetens absent.
COUNCIL ACTION — RESOLUTION NO. R2006-51 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID
FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE WAGON WHEEL
WATER, DRAINAGE AND PAVING IMPROVEMENT PROJECT. Mr. Bill Eisen,
City Manager.
Mayor Pro -Tem Cole made the motion, seconded by Councilmember Saboe, to approve
Resolution No. R2006-51.
City Manager Bill Eisen stated this Resolution awards a contract to Calco Contracting
LTD. for water, drainage, and pavement improvements totaling $1,600,979.60.
Councilmember Marcott asked what was the last job completed by Calco Contracting.
Project Director Joe Wertz stated the last job by Calco Contracting was O'Day Road.
Brief discussion between Council, City Manager Bill Eisen, and Project Director Joe
Wertz.
Page 11 of 14 — 4/24/2006
Councilmember Saboe asked if the extra $100,000 being taken out of the contingency
fund is for value engineering work performed on the project or if the scope of the project
has changed. The City needs to continuously look at how the contingency money is
being used.
Project Director Joe Wertz stated the extra funding required was due to a change in the
scope of project.
Voting "Aye" Councilmembers Cole, Marcott, and Saboe.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Tetens and Owens absent.
COUNCIL ACTION — RESOLUTION NO. R2006-50 — 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 C.
L. DAVIS AND COMPANY, FOR SURVEYING SERVICES ASSOCIATED THE
ORANGE STREET PROJECT. Mr. Bill Eisen, City Manager.
Councilmember Marcott made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2006-50.
City Manager Bill Eisen stated this Resolution is a contract for engineering services
associated with the Orange Street widening project. The recommended firm is C. L.
Davis and Company.
Discussion ensued between Council and Project Director Joe Wertz regarding the
Resolution.
Voting "Aye" Councilmembers Saboe, Marcott, and Cole.
Voting "No" None, with Councilmembers Tetens and Owens absent.
Motion Passed 3 to 0.
FIRST READING OF ORDINANCE NO. 1264 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, PRESCRIBING THE TYPE OF
NOTICE TO BE GIVEN OF THE TIME AND PLACE OF THE JOINT PUBLIC HEARING
OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION FOR AN
AMENDMENT TO THE CITY'S ZONING MAP. Mr. Darrin Coker, City Attorney.
Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Cole, to approve
Ordinance No. 1264 on its first reading.
Page 12 of 14 — 4/24/2006
City Manager Bill Eisen referred comment to the City Attorney Darrin Coker.
City Attorney Darrin Coker stated this Ordinance allows the City to provide zoning
amendment notice for Old Town Site by publication in the newspaper and alternative
notification to certain individuals. The Ordinance will also correct several down -zoning
cases that were done by mistake on the original zoning map.
Councilmember Saboe asked what specifies that the City only publish the notice in one
periodical and how is the decision made.
City Attorney Darrin Coker stated the City of Pearland has an official newspaper that is
specified in the City Charter.
Voting "Aye" Councilmembers Cole, Marcott, and Saboe.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Tetens and Owens absent.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:12 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.074 — PERSONNEL MATTERS — REGARDING THE
DUTIES OF THE MUNICIPAL COURT JUDGE. City Council.
2. SECTION 551.074 — PERSONNEL MATTERS — REGARDING THE
DUTIES OF THE CITY MANAGER.
City Council.
3. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY —
REGARDING PENDING LITIGATION ASSOCIATED WITH UTILITY
CHOICE. Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 10:53 p.m.
COUNCIL ACTION — REGARDING THE DUTIES OF THE MUNICIPAL COURT
JUDGE. City Council.
Page 13 of 14 — 4/24/2006
No action taken by Council.
COUNCIL ACTION — REGARDING THE DUTIES OF THE CITY MANAGER. City
Council.
No action taken by Council.
14. CONSIDERATION AND POSSIBLE ACTION — REGARDING PENDING
LITIGATION ASSOCIATED WITH UTILITY CHOICE. City Council.
No action taken by Council.
ADJOURNMENT
Meeting was adjourned at 10:55 p.m.
Minutes approved as submitted and/or corrected this the 8th day of May, 2006.
Tom Reid
Mayor
ATTEST:
Page 14 of 14 — 4/24/2006