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2006-06-26 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JUNE 26, 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 7:30 p.m. with the following present: Mayor Tom Reid Councilmember Kevin Cole Councilmember Helen Beckman Councilmember Felicia Kyle Councilmember Steve Saboe City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Absent: Mayor Pro -Tem Richard Tetens. Others in attendance: Public Works Director Danny Cameron; Parks and Recreation Director Rhonda Cyrus; City Engineer Doug Kneupper; Assistant City Manager Nick Finan; Assistant City Manager Mike Hodge; Planning Director Lata Krishnarao; Interim Project Director Jennifer Phan; EMS Director Jeff Sundseth; Senior Planner Theresa Grahmann; Administrative Analyst Chris Kidwell. The invocation was given by Councilmember Cole and the Pledge of Allegiance was led by Assistant Police Chief Johnny Spires. MAYOR'S ACTIVITY REPORT Mayor Reid reported June 13, he attended a meeting with TxDOT regarding Cullen Boulevard financing and the Open House for Community United; June 14, attended the Pearland Arts League Board of Directors Meeting, the Adult Reading Center Board of Directors Meeting, met with Profax, Assistant City Manager Nick Finan, and Planning Director Lata Krishnarao on expansion needs, and joined Chamber of Commerce Members for a county -wide Tax Appraisal Meeting; June 15, attended the Chamber Leadership Council Meeting and the Gulf Coast Water Authority Board of Directors Meeting; June 16, met with Exchange Club of Pearland Boardmembers, attended a special tour and lunch at the Pizza Factory, and proposed a Baker Hospital Meeting with Felton Baker and City Staff; June 17, attended the Pearland Exchange Club Annual Awards Banquet; June 19, attended the Agenda Meeting, Council Workshop, and Planning Commission Public Hearing; June 20, attended the Galveston Area Council Board of Directors Meeting, the Chamber After-hours for Bay Area Council, and Chaired the CERT Board of Directors Meeting; June 21, attended the Chamber of Commerce Monthly Luncheon, the Alliance of Houston Port Region Board of Directors Meeting and Legislative Reception, and the Brazoria County City Association Monthly Meeting; June Page 1 of 14 — 6/26/2006 22, assisted with the Kirby Drive Ribbon Cutting and spoke at the Groundbreaking for the Poag & McEwen Center; June 23, spoke before the Gulf Coast Managers of Kmart Stores and attended the Adult Reading Center Reception and Book Sale; June 26, met with the Ministerial Alliance on community projects. Mayor Reid and Councilmember Helen Beckman presented a proclamation to Assistant Police Chief Johnny Spires and Police Officer Jon Matherne, proclaiming August 1, 2006 as "National Night Out." COUNCIL ACTIVITY REPORTS Councilmember Saboe commended City Manager Bill Eisen and Staff for their communication with Council over the last few weeks during the heavy rains. He visited Washington D.C. with his family. Saying the Pledge of Allegiance after seeing first hand what our forefathers did for freedom gives him a wonderful feeling. Councilmember Beckman reported with the 4th of July holiday coming, she would like to share that she has taught a Citizenship Class throughout the summer. The class is fun because there are newcomers to our Country that really appreciate that this is a country that they can come to for freedom. She attended a Parks Board Meeting for the first time in a long time and really enjoyed the meeting. Councilmember Kyle reported she attended a tax seminar presented by the Brazoria County Council of Chambers that covered new tax laws that will affect everyone. The seminar was very informative. She also commended the Volunteer Fire Department for their response to the fire that occurred on June 26, 2006. Many items for charity were lost in the fire and the community should help do what it can to replenish the items lost. Councilmember Cole commended the volunteer Fire Department for their work on the fire Monday, June 26, 2006. He would also like to see the City get the information out to the City to help replenish the charitable items lost. CITY MANAGER'S REPORT City Manager Bill Eisen reported the City will have a July 4th celebration. The event begins at noon and continues throughout the day and will be the largest ever put on in Pearland. Shuttles will run from Pearland High School and fireworks will be held at 9:00 p.m. CITIZENS: None DOCKETED PUBLIC HEARING: None Page 2 of 14 — 6/26/2006 CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — 1. Minutes of the June 5, 2006, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the June 12, 2006, Regular Meeting held at 7:30 p.m. 3. Minutes of the June 19, 2006, Public Hearing held at 6:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000M-8 — 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 8.517 ACRES, BEING OUT OF LOT 1, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 300, SECTION 81 OF THE ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION, ACCORDING TO THE PLAT OR MAP RECORDED IN VOLUME 2, PAGE 98, OF THE BRAZORIA COUNTY PLAT RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF BROADWAY STREET, AND ON THE WEST SIDE OF KIRBY DRIVE), (ZONE CHANGE APPLICATION NO. 2006-19Z) FROM CLASSIFICATION SINGLE FAMILY ESTATE DISTRICT (R -E) TO PLANNED DEVELOPMENT DISTRICT (PD), AT THE REQUEST OF CBL AND ASSOCIATES PROPERTIES, INC., APPLICANT FOR W C PROPERTIES, LTD., 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. Mr. Nick Finan, Assistant City Manager. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000M-9 — 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 643.1 ACRE TRACT OF LAND, OUT OF THE T. J. GREEN SURVEY, ABSTRACT 290, HARRIS COUNTY, TEXAS, BEING ALL OF THAT CERTAIN CALLED 663.1 ACRES OF LAND, SAME BEING LOTS 1 THRU 103 AND LOTS 108 THRU 122 IN THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, RECORDED IN VOLUME 4, PAGE 48, IN THE MAP RECORDS OF HARRIS COUNTY, TEXAS, CITY OF PEARLAND, HARRIS COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF PEARLAND PARKWAY, ON THE WEST SIDE OF COUNTRY CLUB Page 3 of 14 — 6/26/2006 DRIVE, AND ON THE NORTH SIDE OF CLEAR CREEK), (ZONE CHANGE APPLICATION NO. 2006-18Z) FROM CLASSIFICATION SINGLE FAMILY ESTATE DISTRICT (R -E) TO SINGLE FAMILY RESIDENTIAL — 1 DISTRICT (R-1), AT THE REQUEST OF ALAN MUELLER, APPLICANT FOR RIVERSTONE LAND INVESTORS, LTD., SHS, AND GREEN SHADOWS CORPORATION, OWNERS, AND PORTIONS OF THE PROPERTY INITIATED FOR A ZONE CHANGE BY THE CITY OF PEARLAND, 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 — FIRST AND ONLY READING OF ORDINANCE NO. 1277 — 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. E. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1278 — 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 DRAINAGE 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 Page 4 of 14 — 6/26/2006 HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. F. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1279 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE PLACEMENT OF STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND (BOGEY WAY @ VENEZIA DR.) 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. Bill Eisen, City Manager. G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-101 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING THE DREDGING OF THE MOUTH OF THE SAN BERNARD RIVER. Mr. Bill Eisen, City Manager. H. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1281 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE A DRAINAGE EASEMENT FOR THE CONSTRUCTION OF DRAINAGE 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. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1282 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO Page 5 of 14 — 6/26/2006 ACQUIRE A DRAINAGE EASEMENT FOR THE CONSTRUCTION OF DRAINAGE 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 Saboe made the motion, seconded by Councilmember Cole, to adopt Consent Agenda Items A through I as presented on the Consent Agenda. Voting "Aye" Councilmembers Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. NEW BUSINESS FIRST READING OF ORDINANCE NO. 1276 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ENLARGING THE BOUNDARIES OF REINVESTMENT ZONE NUMBER TWO, CITY OF PEARLAND, TEXAS; AMENDING THE PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN FOR REINVESTMENT ZONE NUMBER TWO, CITY OF PEARLAND, TEXAS; AUTHORIZING THE CITY SECRETARY TO DISTRIBUTE SUCH PLANS; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE FOREGOING SUBJECTS; AND PROVIDING FOR SEVERABILITY. Mr. Bill Eisen, City Manager. Councilmember Beckman made the motion, seconded by Councilmember Cole, to approve Ordinance No. 1276 on its first reading. City Manager Bill Eisen stated this item and the following two items were subject to the Public Hearing that was held at 7:00 p.m. This item relates to the expansion of the Tax Reinvestment Zone Number Two (TIRZ No. 2) by 457 acres located at the southwest corner of the development. Council will be taking action to have the additional portion participate in the TIRZ in the same contributing fashion as the original area. Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. Page 6 of 14 — 6/26/2006 FIRST READING OF ORDINANCE NO. 1275 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN FOR REINVESTMENT ZONE NUMBER TWO, CITY OF PEARLAND, TEXAS; AUTHORIZING THE CITY SECRETARY TO DISTRIBUTE SUCH PLANS; AND CONTAINING VARIOUS PROVISIONS RELATED TO THE FOREGOING SUBJECT. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 1275 on its first reading. City Manager Bill Eisen stated this item is also the subject of the earlier Public Hearing. This item allows the participation of Alvin Community College (ACC) in Tax Reinvestment Zone Number Two (TIRZ No. 2). ACC would have a participation of 10 years at a level of 50%. The level could increase at the option of the TIRZ No. 2 Board or ACC. The item, as currently written, requires ACC to participate for the full 10 -year period. Voting "Aye" Councilmembers Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. COUNCIL ACTION — RESOLUTION NO. R2006-96 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH ALVIN COMMUNITY COLLEGE DISTRICT ("ACCD") TO OUTLINE THE OBLIGATIONS OF ACCD AND THE CITY AS PARTICIPANTS IN REINVESTMENT ZONE NUMBER TWO. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-96. City Manager Bill Eisen stated this item is a continuation of Ordinance No. 1275 and sets forth the condition of Alvin Community College (ACC) entering Tax Reinvestment Zone Number Two (TIRZ No. 2). Councilmember Saboe asked City Attorney Darrin Coker if the Interlocal Agreement contained the opt -out option. City Attorney Darrin Coker stated the Interlocal Agreement is consistent with the Ordinance and does not contain an opt -out agreement. Page 7 of 14 — 6/26/2006 Councilmember Kyle asked City Attorney Darrin Coker to have the wording on page no. 7, in the last paragraph of section A that states "payment shall be due on the first day of each calendar quarter" clarified to state the specific dates. Voting "Aye" Councilmembers Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. FIRST READING OF ORDINANCE NO. 1280 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A PORTION OF A CERTAIN FORTY -FOOT (40') ROADWAY EASEMENT (SCOTT STREET) RECORDED IN THE 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. Councilmember Saboe made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 1280 on its first reading, as amended. City Attorney Darrin Coker stated a Public Hearing was recently held regarding this item. The item involves a 40 -foot roadway easement that is located north of the McHard Road Overpass and east of Mykawa Road. The easement is located within a broader 50 -foot water and sewer easement, which the City would retain through this abandonment. The City would only abandon the roadway rights. Councilmember Cole had mentioned at the Public Hearing that the City needed to make sure they didn't abandon any portion of the roadway easement that could possibly be needed as right- of-way in the future. Section 2 and Section 5 of the Ordinance have been clarified to retain any portion of the roadway that will be needed in the future. Councilmember Kyle stated she liked the protective covenants language but had a few changes she would like to see made. City Attorney Darrin Coker stated the specified changes will be made Councilmember. Kyle made the motion, seconded by Councilmember Cole to amend Ordinance No. 1280 to correct specified mistakes and add a provision for the recovery of attorney's fees, costs, and expenses to the extent they are incurred as a result of any action taken against the City under the indemnification page. Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Saboe Voting "No" None. Page 8 of 14 — 6/26/2006 Motion Passed 4 to 0, with Councilmember Tetens absent. Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. COUNCIL ACTION — RESOLUTION NO. R2006-102 — 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 NATIONAL SIGN PLAZAS, INC. FOR THE DEVELOPMENT AND ADMINISTRATION OF A COMPREHENSIVE BUILDER SIGN PROGRAM. Mr. Nick Finan, Assistant City Manager. Councilmember Beckman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-102, as amended. City Manager Bill Eisen stated Council had asked Staff to work with National Sign Plazas to develop specific terms and conditions of the agreement to provide kiosk signs around the City to provide directions to subdivision builders and public facilities. Assistant City Manager Nick Finan stated this agreement is being presented to Council because the Unified Development Code prevents builders from putting up their own signs. The City wanted to develop a contract with a specific vendor to unify the look of all signs located within the City. Administrative Analyst Chris Kidwell stated the contract the City has developed serves several purposes. The program helps provide an attractive way for people to be directed to builders and developers, the contractor will help inform the City when there is an illegal sign posted, the City will be able to provide directional signage to its own facilities and will provide a source of revenue to the City through administrative fees. He stated Council will need to decide the over-all number of signs the contract will need to work with when placing signs within the City. Council will also need to decide what percentage of signs the contractor will install within the first year of contract. Discussion ensued between Council, Mayor Reid, Assistant City Manager Nick Finan, City Attorney Darrin Coker, and Administrative Analyst Chris Kidwell regarding the Resolution. Page 9 of 14 — 6/26/2006 Councilmember Beckman made the motion, seconded by Councilmember Saboe to amend Resolution No. R2006-102 to incorporate comments made by Council. Voting "Aye" Councilmembers Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. FIRST READING OF ORDINANCE NO. 200OT-1 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE UNIFIED DEVELOPMENT CODE TO ADOPT A NEW SECTION 2.4.3.4, ENTITLED OT, OLD TOWNSITE DISTRICT; HAVING A SAVINGS CLAUSE, SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Nick Finan, Assistant City Manager. Councilmember Kyle made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 2000T-1 on its first reading. City Manager Bill Eisen stated this item is a regulating code that implements the Old Townsite Plan. Council has been provided with a version that was a subject of a Public Hearing, which contains additional the changes requested by Council and citizens. Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. FIRST READING OF ORDINANCE NO. 2000M-10 — 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, AT VARIOUS LOCATIONS THROUGHOUT THE CITY, INITIATED BY THE CITY OF PEARLAND, 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. Page 10 of 14 — 6/26/2006 Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 2000M-10 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval. City Manager Bill Eisen stated City Council recently adopted a map along with the Unified Development Code. Several zoning changes were inadvertently made with the adoption and the action tonight will return those land uses to what was originally planned in the Land Use Plan. Brief discussion ensued between Council and Senior Planner Theresa Grahman regarding the Ordinance. Voting "Aye" Councilmembers Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. COUNCIL ACTION — RESOLUTION NO. R2006-97 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CHANGE ORDER ASSOCIATED WITH THE WEST MARY'S CREEK DETENTION PROJECT. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Cole, to approve Resolution No. R2006-97. City Manager Bill Eisen stated this item is a request to extend the time for the construction management contract for the West Mary's Creek Detention Project. Councilmember Kyle asked if the project will stay within the budgeted amount with the requested change order. City Manager Bill Eisen stated the project will remain within the budgeted amount with the requested change order. Councilmember Saboe asked if this request will be the limit of change orders for this project. City Manager Bill Eisen stated based on the current projected completion date, this should be the last extension request regarding this particular project. Page 11 of 14 — 6/26/2006 Voting "Aye" Councilmembers Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. COUNCIL ACTION — RESOLUTION NO. R2006-99 — 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 THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE FURNISHING, INSTALLATION AND MAINTENANCE OF TRAFFIC SIGNAL PREEMPTION EQUIPMENT. Mr. Bill Eisen, City Manager. Councilmember Beckman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-99. City Manager Bill Eisen stated this item is for authorization of the City to place traffic preemption devices for use by emergency personnel on traffic signals that are owned and operated by TxDOT. Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. COUNCIL ACTION — RESOLUTION NO. R2006-100 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE RENEWAL OF A PROJECT MANAGEMENT SERVICES AGREEMENT WITH ESPA CORPORATION. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-100. City Manager Bill Eisen stated this agreement calls for the continuing of a relationship with ESPA Corporation to provide project management services. Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. Page 12 of 14 — 6/26/2006 COUNCIL ACTION — RESOLUTION NO. R2006-98 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE ALICE STREET CONNECTOR. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-98. City Manager Bill Eisen stated this project connects Alice Street to McHard Road and is approximately a 325 -foot section of roadway. Although the construction bid was higher than the original budget for the project, the City did the engineering for the project in- house and was able to keep the over-all project within budget. Mayor Reid asked if the street connector will be called Profax Drive. City Manager Bill Eisen stated the name of the road has not been finalized and will need to be done so by Ordinance at the completion of the project. Councilmember Cole asked if Staff is confident in the bid received due to the low amount as compared to other bids received. Interim Project Director Jennifer Phan stated the bid is low due to the size of the company and appears to be accurate. Voting "Aye" Councilmembers Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:05 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH MUNICIPAL UTILITY DISTRICTS AND CITY INFRASTRUCTURE. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 10:55 p.m. Page 13 of 14 — 6/26/2006 COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH MUNICIPAL UTILITY DISTRICTS AND CITY INFRASTRUCTURE. City Council. Councilmember Cole made the motion, seconded by Councilmember Saboe, to authorize Staff to proceed with the settlement of a mediation as in Executive Session. Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. ADJOURNMENT Meeting was adjourned at 10:56 p.m. Minutes approved as submitted and/or corrected this the 10th day of July, 2006. V ��� / ritungity 4 ) Tom Reid Mayor Page 14 of 14 — 6/26/2006