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2006-07-24 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JULY 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 7:40 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; Fire Marshal Steve Chapman; Parks & Recreation Director Rhonda Cyrus; City Engineer Doug Kneupper; Police Chief J.C. Doyle; Assistant City Manager Nick Finan; Director of Human Resources and Safety Management Mary Hickling; Assistant City Manager Mike Hodge; Director of Finance Claire Manthei; Interim Project Director Jennifer Phan; EMS Director Jeff Sundseth; Executive Director of Economic Development Corporation Fred Welch; Parks Superintendent John Holas. The invocation was given by Councilmember Kyle and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported July 11, he attended the Adult Reading Center Committee Meeting; July 12, met with City Manager Bill Eisen and the consultants for the new Police Building, attended the Adult Reading Center Board of Directors Meeting, and the Secretary of State awarding of EchoStar Development to the City of Alvin; July 13, met with Citizens regarding Municipal Court concerns and attended the Chamber After Hours at Cobble Stone Apartments; July 14, attended the Chamber Before Work Breakfast; July 17, attended Agenda Meeting, the Council and Planning and Zoning Public Hearing, and the Council Special Meeting; July 18, attended the H -GAC Monthly Board of Directors Meeting and Chaired the Pearland Area Citizen Corps Board of Directors Meeting; July 19, attended the Brazoria County Cities Association Monthly Meeting; July 20 to July 21, represented H -GAC at the Texas Association of Regional Council of Government as Board of Directors Member and a past State President. Page 1 of 13 — 7/24/2006 COUNCIL ACTIVITY REPORTS Councilmember Saboe reported he attended his first Brazoria County Cities Association Meeting. He enjoyed the meeting and looks forward to attending future meetings. Councilmember Beckman reported there is a local group headed by the Ministerial Alliance that focuses on individuals in the community that are in need. They are working on the Compassion Project with Lawhon Elementary School. Citizens can provide financial support or come out to the Elementary School Saturday, July 29, 2006 to volunteer their time. Jack Steel, Executive Director of the Houston Area Council, discussed Evacuation Plans at the Brazoria County Cities Association Meeting. It is important to make sure evacuations are done in an orderly fashion and get the information to the public. Mayor Pro -Tem Tetens was absent. Councilmember Kyle passed on giving a report. Councilmember Cole reported on Thursday, July 20, he attended the Municipal Utility District No. 1 Meeting. He believes the Board wants to see a smooth transition into the City. Staff will be meeting with the MUD Board every month until the end of the 2006. He would like to see a member of Council attend each of these meetings to help with the transition. CITY MANAGER'S REPORT City Manager Bill Eisen reported John Holas has been appointed Parks and Recreation Maintenance Superintendent. CITIZENS William Gustin, 2101 Westminister Drive, addressed Council and stated he is the President of the Banbury Cross Home Owners Association and is speaking on the Westminister and Pearland Parkway tie-in. A survey was given to the entire Banbury Cross Subdivision; of the 40% that responded, 86% of the residents are against this project. In addition, there is a petition with 122 Signatures opposing the project. The City must consider the negative effects this project will bring. Lucy Matusek, 2911 London Court, addressed Council and stated she appreciates the concern Council has regarding the Westminister and Pearland Parkway tie-in. She lives on London Court and has seen the negative outcome of the project at London Court and Barry Rose Road and does not want a repeat situation. She understands the new plan is a different tie-in and she prefers this over the original plan, however, her main focus is the traffic on London Court. She feels if the project moves forward, she would like to see more restrictions placed to control the traffic such as speed limits and traffic fines. Page 2 of 13 — 7/24/2006 Lisa Lake, 2009 Westminister Drive, addressed Council and stated she lives near the end of the road where the Westminister and Pearland Parkway extension will be done. This project will divide an established neighborhood geographically as a major thoroughfare will increase the traffic and split the neighborhood. The extension will also cause hazards for children, cyclists, joggers and people walking their dogs. The project will also decrease the quality of life in the neighborhood. The plan also violates policies for implementing the Thoroughfare Plan, which states "through traffic should be avoided within residential neighborhoods by using discontinuous routes, loop streets and cul-de- sacs." Charlotte Daigle, 2002 Tower Bridge Road, addressed Council and stated she has been a resident of Pearland for six years. She lost $10,000 from the value of her first home in Pearland because it backed up to Fite Road. When she bought her second house in Pearland, she met with the Planning Department twice to verify Westminister would not be extended to Pearland Parkway. She was told that this was not a planned project at that time. She does not want her house to depreciate in value as a result of this project and its negative effects. There is also a two-story pile of brush behind her house that she would like to have someone look into and have it removed. Denise Khreis, 2001 Westminister Road, addressed Council and stated her concern with the Westminister Road extension is the increase in commercial traffic through the neighborhood. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — 1 . Minutes of the July 10, 2006, Regular Meeting held at 7:30 p.m. 2. Minutes of the July 17, 2006, Special Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000M-11 — 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 0.472 ACRES OF LAND, TRACT M2J AND M2K, ABSTRACT 543, H.T. & B.R.R. COMPANY SURVEY, JOHNSTON SUBDIVISION, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF WALNUT STREET, AND APPROXIMATELY 150 FEET WEST OF JOHNSTON STREET), (ZONE CHANGE APPLICATION NO. 2006-21Z), FROM CLASSIFICATION GENERAL BUSINESS RETAIL DISTRICT (GB) TO Page 3 of 13 — 7/24/2006 SINGLE FAMILY RESIDENTIAL — 2 DISTRICT (R-2), AT THE REQUEST OF JAMES B. PURCELL, 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-13 — 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 15.35 ACRES OF LAND, TRACT 3 AND 3F, ABSTRACT 242, SECTION 17, H. T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF FITE ROAD, AND APPROXIMATELY 1,100 FEET WEST OF FM 1128 (MANVEL ROAD), (ZONE CHANGE APPLICATION NO. 2006-22Z), FROM GENERAL BUSINESS RETAIL DISTRICT (GB) WITH AN APPROVED SPECIFIC USE PERMIT, AND SINGLE FAMILY RESIDENTIAL — 1 DISTRICT (R-1) TO TOWNHOUSE RESIDENTIAL DISTRICT (TH), AT THE REQUEST OF MIKE POLLAK, APPLICANT FOR SIGNATURE EUBANKS AND ASSOCIATES, 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. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1283 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 18 OF 28.6730 ACRES OF LAND. Mr. Darrin Coker, City Attorney. E. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1285 — 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 SANITARY SEWER IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO Page 4 of 13 — 7/24/2006 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. F. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1284 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF 545.356, TEXAS TRANSPORTATION CODE, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS, OF PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager. Councilmember Cole asked that Consent Agenda Items B and F be removed from the Consent Agenda for further discussion. Councilmember Saboe made the motion, seconded by Councilmember Beckman, to adopt Consent Agenda Items A through F with the exception of items D and F, 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. MATTERS REMOVED FROM CONSENT AGENDA As requested by Councilmember Cole Consent Agenda Item D was removed for further discussion. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1283 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 18 OF 28.6730 ACRES OF LAND. Mr. Darrin Coker, City Attorney. Page 5 of 13 — 7/24/2006 Ordinance No. 1283 was passed to a future agenda. No action taken by Council. F. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1284 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF 545.356, TEXAS TRANSPORTATION CODE, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS, OF PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager Councilmember Saboe made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 1284. Councilmember Cole stated he asked for this item to be pulled because he is wondering if Staff has had an opportunity to review the speed study that was done by TxDOT and do they concur with the outcome. He feels there needs to be possibly more review of the subject. The majority of the complaints he hears are that the speed limit on Pearland Parkway is too slow. This is another item that possibly needs to be reviewed further. Councilmember Saboe stated he agrees with Councilmember Cole. The speed limits need to be further evaluated. Councilmember Beckman stated she understands that one way to lower speed limits in the school zones is to lower the over-all speed limits. This is something the City should consider doing. Discussion ensued between Council, City Attorney Darrin Coker, and City Engineer Doug Kneupper. Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. Page 6 of 13 — 7/24/2006 NEW BUSINESS FIRST READING OF ORDINANCE NO. 2000M-14 — 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 9.9993 ACRES OF LAND BEING LOT 27 OF THE ALLISON RICHEY GULF COAST HOME COMPANY'S SUBURBAN GARDENS SUBDIVISION OF SECTION 8, H. T. & B.R.R. COMPANY SURVEY, ABSTRACT 504, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 2, PAGES 23 AND 24 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF GARDEN ROAD, AND APPROXIMATELY 1,600 FEET SOUTH OF BROOKSIDE ROAD), (ZONE CHANGE APPLICATION NO. 2006-24Z), FROM GARDEN O'DAY MIXED USE DISTRICT (GO -MU) TO PLANNED DEVELOPMENT DISTRICT (PD), AT THE REQUEST OF M. ARIF, APPLICANT FOR SOHAIL NOOR, 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. Councilmember Beckman made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 2000M-14 on its first reading. After the discussion, Ordinance No. 1283 was tabled. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for denial of Application No. 2006-24Z. City Manager Bill Eisen stated the applicant has submitted a verbal request to withdraw the application, but a written request has not been submitted. Brief discussion ensued between Council and City Attorney Darrin Coker regarding the Ordinance. Councilmember Beckman made the motion, seconded by Councilmember Kyle, to table Ordinance No. 2000M-14 until further information is received from the applicant. Voting "Aye" Councilmembers Beckman and Kyle. Voting "No" Councilmembers Saboe and Cole. In order to break the tie vote, Mayor Reid cast his vote. Voting "Aye" Mayor Reid. Motion Tabled 3 to 2, with Councilmember Tetens absent Page 7 of 13 — 7/24/2006 COUNCIL ACTION — RESOLUTION NO. R2006-113 — 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 RANDALL PORTEFIELD ARCHITECTS TO ASSIST IN THE PROCUREMENT OF A NEW ROOF FOR THE POLICE DEPARTMENT BUILDING USING THE TEXAS MULTIPLE AWARD SCHEDULES ("TXMAS") BIDDING PROCESS. Mr. Mike Hodge, Assistant City Manager. Councilmember Kyle made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-113. City Manager Bill Eisen stated this item concerns repeated attempts to patch the roof of the Police Building. Director of Parks and Recreation Rhonda Cyrus stated Staff hired an architect to perform a study of the roof of the Police Building and it was found that the roof needed to be replaced immediately. Discussion ensued between Council, City Manager Bill Eisen and Randall Portefield of Randall Portefield Architects. Voting "Aye" Councilmembers Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. COUNCIL ACTION — RESOLUTION NO. R2006-112 — 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 MATERIAL TESTING SERVICES ASSOCIATED WITH THE CORRIGAN SUBDIVISION DRAINAGE IMPROVEMENTS. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-112. City Manager Bill Eisen stated this item is for materials testing for Phase III of the Corrigan Subdivision drainage improvements. Interim Project Director Jennifer Phan stated, before the construction began, the City received a proposal for material testing from Tolunay-Wong Engineers, Inc. for approximately $19,000. Construction began in May 2006 and the first invoice from Tolunay-Wong was received in late June. The City realized there was no Purchase Order and the original contract could not be located. Tolunay-Wong Engineers had underestimated the costs of the materials testing and the cost has increased needing Council approval. Page 8 of 13 — 7/24/2006 Councilmember Kyle asked if the initial proposal received in April was incorrect and now the Tolunay-Wong Engineers, Inc. is asking to modify the price just a few months later. Interim Project Director Jennifer Phan stated that this is correct and it is her understanding that Tolunay-Wong Engineers underestimated the amount of testing the project would require. Discussion ensued between Council and Interim Project Director Jennifer Phan regarding the Resolution. Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. COUNCIL ACTION — RESOLUTION NO. R2006-111 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO INITIATE THE PROCESS FOR ESTABLISHMENT OF A QUIET ZONE ALONG CERTAIN RAILROAD CROSSINGS IN THE CITY. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2006-111. City Manager Bill Eisen stated this item is the result of a complaint received regarding trains sounding a horn at early morning hours as they come through Pearland. The City investigated this and discovered there was something they could do to prevent this from occurring as more residents move closer to the railroad tracks. Administrative Analyst Chris Kidwell stated the Railroad Administration allows the City to implement the quiet zone once other safety items have been put in place. Implementing the "quiet zone" does included notifying the Railroad Administration and the public and allowing a comment period. During the comment period, the Railroad Administration will review the safety precautions the City has implemented to verify they are sufficient to protect the public. There are several different types of quiet zones, one is called "quiet zone" which is an area of a half -mile length where no horn can be sounded. There is also "parcel quiet zone" where the train may sound the horn between 6:00 a.m. and 10:00 p.m. but not at any other time. The supplemental safety measures would be in place 24 hours a day. Discussion ensued between Council, City Attorney Darrin Coker, and Administrative Analyst Chris Kidwell regarding the Resolution. Councilmember Saboe asked why Council is voting on this item at this time when the Page 9 of 13 — 7/24/2006 required safety precautions have not been installed to allow the item to move forward. He does not feel that he is ready to vote on this item at this point. Voting "Aye" Councilmembers Beckman, Kyle, and Cole. Voting "Abstain" Councilmember Saboe. Voting "No" None. Motion Passed, 3 to 0 with Councilmember Tetens absent and one abstention. COUNCIL ACTION — RESOLUTION NO. R2006-84 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CERTAIN CHAPTERS OF THE CITY OF PEARLAND EMPLOYEE HANDBOOK. Mr. Bill Eisen, City Manager and Ms. Mary Hickling, Director of Human Resources Councilmember Beckman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-84. City Manager Bill Eisen stated this item regards several changes in the Employee Handbook. Several changes have been made including a Fraud Policy and hours accumulation. Mayor Reid stated he feels the changes to the Employee Handbook are good and the handbook should be reviewed and updated at least annually. Councilmember stated that page two of three in Chapter four, section 4.01, contains a grammatical error that needs to be corrected. Discussion ensued between Council, City Manager Bill Eisen, City Attorney Darrin Coker, and Director of Human Resources and Safety Management Mary Hickling regarding the Handbook Amendments. Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. FIRST AND ONLY READING OF ORDINANCE NO. 1286 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING CHAPTER 14, ARTICLE III, JUNKED VEHICLES, OF THE CITY OF PEARLAND CODE OF ORDINANCES, FOR THE PURPOSE OF ADOPTING A NEW CHAPTER 14, ARTICLE III, JUNKED VEHICLES; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, Page 10 of 13 — 7/24/2006 AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Kyle made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 1286 on its first and only reading. City Attorney Darrin Coker stated in previous updates, he provided a draft of this Ordinance and provided an explanation of what the City was hoping to achieve with the Ordinance. The purpose is to provide a tool to City Staff for the abatement of junked vehicles. Discussion ensued between Council, Mayor Reid, City Attorney Darrin Coker, and Assistant City Manager Nick Finan regarding the Ordinance. Linda Cowles, 3412 Shadycrest, addressed Council and stated she wants Council to approve this Resolution. This Resolution will help the Citizens of Pearland that want the junk vehicles out of their neighborhoods. Voting "Aye" Councilmembers Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. COUNCIL ACTION — RESOLUTION NO. R2006-110 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR A WAIVER WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE 10 PERCENT FUND PARTICIPATION FOR 5 BRIDGES IN THE FEDERAL OFF -SYSTEM BRIDGE PROGRAM. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-110. City Manager Bill Eisen stated this item relates to the TxDOT program that provides funding for off -system bridges, which are bridges that are not on TxDOT roads. The City plans to use the funding for the Magnolia Road Project and five other bridges in the City. Councilmember Kyle asked if TxDOT would have to approve the projects Pearland chooses to receive the funding. Public Works Director Danny Cameron stated that the City has to prove they will build the bridges to a certain standard, will complete the project within a certain time period, and spend a certain amount of money for each project. Page 11 of 13 — 7/24/2006 Councilmember Helen Beckman stated she would like the City to make sure there is room on each bridge for pedestrians to walk or ride a bike over the bridge. Councilmember Cole asked if there is any chance that TxDOT would not have their items completed before the City is ready to begin its project on Magnolia Road. Public Works Director Danny Cameron stated the City will be meeting with TxDOT within the next few weeks to verify when the funding will be available. Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens absent. COUNCIL ACTION — RESOLUTION NO. R2006-114 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR FUNDING THROUGH THE HOUSTON-GALVESTON AREA COUNCIL'S HOMELAND SECURITY GRANT PROGRAM. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Cole, to approve Resolution No. R2006-114. City Manager Bill Eisen stated this item is a grant application for Homeland Security Funds to provide for a Mobile Incident Command Center and a heavy-duty tow vehicle. The grant request is for $250,000 with local matching funds required. 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 9:23 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 MUNICIPAL UTILITY DISTRICTS AND CITY INFRASTRUCTURE. Mr. Darrin Coker, City Attorney. Page 12 of 13 — 7/24/2006 2. SECTION 551.074 — PERSONNEL MATTERS — REGARDING APPOINTMENTS TO THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION BOARD. Mr. Bill Eisen, City Manager. 3. SECTION 551.072 — REAL PROPERTY: DISCUSSION REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. Mr. Bill Eisen, City Manager. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:25 p.m. COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH MUNICIPAL UTILITY DISTRICTS AND CITY INFRASTRUCTURE. City Council. No action taken by Council. COUNCIL ACTION — REGARDING APPOINTMENTS TO THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION BOARD. City Council. No action taken by Council. COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. City Council. No action taken by Council. ADJOURNMENT Meeting was adjourned at 11:26 p.m. Minutes approved as submitted and/or corrected this the 14th day of August, A.D., 2006. \i Tom Reid Mayor ATTEST: Page 13 of 13 — 7/24/2006