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2006-08-14 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 14, 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 Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Richard Tetens Kevin Cole Helen Beckman Felicia Kyle Steve Saboe Bill Eisen Darrin Coker Young Lorfing Others in attendance: Public Works Director Danny Cameron; Fire Marshal Steve Chapman; City Engineer Doug Kneupper; Police Chief J.C. Doyle; Assistant City Manager Nick Finan; 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; Deputy City Attorney Nghiem Doan; Senior Planner Theresa Grahmann. The invocation was given by Councilmember Cole and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported July 26, he met with Dr. Staples of the University of Houston regarding the college site and met with members of the Community Band; July 27, attended Bay Area Transportation Partnership Luncheon Meeting, the Gulf Coast Water Authority Board of Directors Meeting, and the Chamber After Hours Event for Virgil Gant; July 28, attended the Transportation Policy Council Board of Directors Meeting and a meeting with Seabrook Art League and Pearland Art League; August 2, attended the Ribbon Cutting for the Kroger Ethanol Gas Pumps, met with City Manager Bill Eisen and developers on a new prospect, and Chaired Council interviews for the Pearland Economic Development Board positions; August 3, met with Rescue Flight Members with City Manager Bill Eisen and attended lunch with Shadow Creek Ranch Developer on Tax Reinvestment Zone issues; August 5, presented Proclamation of the 100th birthday of Mr. Lois Bundy; August 6, Keynote speech at VFW District 16 Meeting, attended the Manvel High School Dedication, and spoke at the Massey Ranch Elementary School Dedication; August 7, attended the Agenda Meeting and the Council Workshop and Special Meeting; August 8, Chaired the Pearland Development Authority Board of Directors Meeting; August 9, attended the Pearland Arts League Board of Page 1 of 16 — 8/14/2006 Directors Meeting and the Pearland Adult Reading Center Board of Directors Meeting; August 10, attended the Brazoria County Tax Abatement Review Committee Meeting; August 11, attended the Chamber Before Business Breakfast and the Mayor's Roast and Toast Event; August 12, presented Proclamation of Mr. David Smith's 80th birthday. Mayor Reid and City Manager Bill Eisen presented Ronnie Jones, Parks and Recreation Crew Leader, with a Certificate of Recognition as the City of Pearland Employee of the Quarter. Linda Cowles, Executive Director, Keep Pearland Beautiful, stated Keep Pearland Beautiful has had another good year. The financial numbers for the year are actually better than they appear on paper due to the loss of lease space. Keep Pearland Beautiful is working on grants and has received over $16,000. They have also received information from First Choice that they will be receiving an additional$5,000. The current budget is $157,000. Keep Pearland Beautiful won 2nd Place for the fourth year for the Keep Texas Beautiful Governor's Community Achievement Award. They also brought home the Sustained Excellence Award. COUNCIL ACTIVITY REPORTS Councilmember Saboe reported he attended the Massey Elementary School opening on August 6, 2006. The school is the first International Baccalaureate School and he is proud to see tax dollars at work. He attended the Roast for Mayor Reid and enjoyed the event. Councilmember Beckman reported that she attended the Mayor's Roast and had a lot of fun. She attended the Grand Opening of the JCPenney store and the Chamber Breakfast. She also attended the Texas Municipal League Region No. 14 Meeting in Galveston. Mayor Pro -Tem Tetens passed on giving a report. Councilmember Kyle reported she attended the Texas Municipal League Region No. 14 Meeting where she saw a very interesting presentation on hurricane development tracking. It is nice to see technology has advanced and will be there for the community to utilize. She attended the Texas Municipal League Newly Elected Officials Event and found it very informative. She also attended the National Night Out and it was a great success. Councilmember Cole reported he attended the National Night Out and had a great time. CITY MANAGER'S REPORT City Manager Bill Eisen introduced Trent Epperson as the new Project Director for the City of Pearland. Page 2 of 16 — 8/14/2006 CITIZENS Maria Esther Miller, 1407 Pine Orchard Drive, addressed Council and stated she pays a lot of taxes and does not want to pay more Municipal Utility District (MUD) taxes. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — 1 . Minutes of the July 17, 2006, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the July 24, 2006, Regular Meeting held at 7:30 p.m. 3. Minutes of the July 31, 2006, Special Meeting held at 7:30 p.m. 4. Minutes of the August 2, 2006, Special Meeting held at 5:30 p.m. 5. Minutes of the August 7, 2006, Special Meeting held at 6:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — EXCUSE MAYOR PRO -TEM TETENS' ABSENCE FROM THE JULY 24, 2006, REGULAR COUNCIL MEETING. City Council. C. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1287 — 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, UTILITY AND 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. D. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1288 — 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, UTILITY AND DRAINAGE IMPROVEMENTS AND A WATER Page 3 of 16 — 8/14/2006 AND SEWER EASEMENT 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. 1289 — 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, UTILITY AND 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 Beckman, to adopt Consent Agenda Items A through E as presented on the Consent Agenda. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS FIRST READING OF ORDINANCE NO. 2000M-19 — 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 1.26 ACRES OF LAND, BEING LOTS 1A, 1E, 1D, AND 1E1, Page 4 of 16 — 8/14/2006 ABSTRACT 239, H. T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF WALNUT STREET, AND APPROXIMATELY 400 FEET EAST OF MCLEAN ROAD), (ZONE CHANGE APPLICATION NO. 2006-28Z), FROM SINGLE FAMILY RESIDENTIAL — 2 DISTRICT (R-2) TO TOWNHOUSE RESIDENTIAL DISTRICT (TH), AT THE REQUEST OF RICHARD GONZALEZ, APPLICANT FOR RMMA INVESTMENTS, 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-19 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. 2006-28Z. City Manager Bill Eisen stated the property in this item consist of four existing lots. Councilmember Kyle asked how many townhouses are being proposed for the project. City Manager Bill Eisen stated he is only aware of what was said at the Public Hearing. Assistant City Manager Nick Finan stated the developer would look at the property and work within the constraints. The Developer has commented that it may be five or six. Councilmember Cole asked if the project will require a re -plat and if so, does the City have the required right-of-way. Assistant Nick Finan stated, at this time, he is not sure if it will require a re -plat. Discussion ensued between Council, Assistant City Manager Nick Finan, and City Attorney Darrin Coker. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 2000M-15 — 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, Page 5 of 16 — 8/14/2006 LOCATION BEING 11.6443 ACRES OF LAND, BEING OUT OF LOT 38 AND 39, ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION, PART OF SUBURBAN GARDENS, SECTION 85, AS RECORDED IN VOLUME 2, PAGE 107, BRAZORIA COUNTY PLAT RECORDS, H. T. & B.R.R. COMPANY SURVEY, ABSTRACT 304, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF MILLER RANCH ROAD (COUNTY ROAD 93), AND APPROXIMATELY 1,000 FEET NORTH OF FM 518 (BROADWAY STREET)), (ZONE CHANGE APPLICATION NO. 2006-23Z), FROM SINGLE FAMILY RESIDENTIAL — 1 DISTRICT (R-1) TO PLANNED DEVELOPMENT DISTRICT (PD), AT THE REQUEST OF OSBORNE DEVELOPMENT, APPLICANT FOR TRINITY LEASING, 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. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Cole, to approve Ordinance No. 2000M-15 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. 2006-23Z. City Manager Bill Eisen stated the proposed use for the Planned Development District is a skilled nursing facility and an assisted living center. Mayor Pro -Tem Tetens stated there is no Planned Unit Development attached. Senior Planner Theresa Grahmann stated there is a drawing of the plan that should have been included in the packet. Voting "Aye" Councilmembers Saboe, Beckman, Kyle, and Cole. Voting "No" Councilmember Tetens. Motion Passed 4 to 1. FIRST READING OF ORDINANCE NO. 2000M-16 — 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 0.34 ACRE TRACT OF LAND LOCATED IN THE W.D.0 HALL SURVEY, ABSTRACT 70, WITH SAID TRACT BEING PART OF THAT 13.838 ACRE TRACT DESCRIBED IN THE FINAL JUDGEMENT OF CAUSE NO. 23,835G, CITY OF PEARLAND VS 313 ACRES PEARLAND JOINT VENTURE, ET AL, AS RECORDED UNDER BRAZORIA COUNTY CLERK'S FILE NO. 98040264, CITY OF PEARLAND, Page 6 of 16 — 8/14/2006 BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED APPROXIMATELY 500 FEET WEST OF LIBERTY DRIVE, AND APPROXIMATELY 300 FEET SOUTH OF FM 518 (BROADWAY STREET)), (ZONE CHANGE APPLICATION NO. 2006-26Z), FROM SINGLE FAMILY RESIDENTIAL — 4 DISTRICT (R-4) TO GENERAL COMMERCIAL DISTRICT (GC), AT THE REQUEST OF AL OSBORN (OSBORN AND VANE ARCHITECTS), APPLICANT FOR DONYA, LLC, 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 Kyle made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 2000M-16 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of 2006-26Z. City Manager Bill Eisen stated this item is approximately 1/3 of an acre located near Liberty Drive and FM 518. Mayor Pro -Tem Tetens stated this piece of property has come before Council twice that he is aware of and both times the application was denied. Brief discussion ensued between Council and Mayor Reid regarding the Ordinance. Councilmember Cole asked if there was any actual currency exchanged for the property. City Attorney Darrin Coker stated it was a land swap that looked at the value based on the proportionate size of the properties. The value of one property was $10 per square foot and the value to the other was $1 per square foot. Councilmember Cole asked if the City suggested to the owner that he buy into the regional detention instead of using the land as detention. City Attorney Darrin Coker stated the City Engineer, at the time, did request that the detention be off-site. Discussion ensued between Council, Assistant City Manager Mike Hodge, and City Attorney Darrin Coker regarding the Ordinance. Councilmember Kyle stated the applicant has agreed to go forward with the building of the walkway within two weeks of receiving written notice from the City. Voting "Aye" Councilmembers Cole, Kyle, and Beckman. Page 7 of 16 — 8/14/2006 Voting "No" Councilmembers Tetens and Saboe. Motion Passed 3 to 2. FIRST READING OF ORDINANCE NO. 2000M-17 — 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 4.540 ACRES, BEING OUT OF TRACT 29, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 304, AS RECORDED IN VOLUME 976, PAGE 486, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF WOOTEN ROAD, AND APPROXIMATELY 1,100 FEET NORTH OF FM 518 (BROADWAY STREET)), (ZONE CHANGE APPLICATION NO. 2006-27Z), FROM SINGLE FAMILY RESIDENTIAL — 3 DISTRICT (R-3) TO OFFICE AND PROFESSIONAL DISTRICT (OP), AT THE REQUEST OF GEORGE MUTHALALY, APPLICANT FOR MORITZ V. CRAVEN, 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 Cole made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 2000M-17 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for denial of 2006-27Z. City Manager Bill Eisen stated this item received a negative recommendation from the Planning and Zoning Commission and will require a three-quarter vote to be approved by Council. Councilmember Cole asked how Wooten Road would be upgraded if this item was approved. Assistant City Manager Nick Finan stated a Traffic Impact Analysis Study would be done and the initial right-of-way would be determined. Given the extent of what is unimproved, the applicant would have to dedicate his portion and contribute whatever portion is needed to widen the road. Voting "Aye" None. Voting "No" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Motion Failed 0 to 5. Page 8 of 16 — 8/14/2006 FIRST READING OF ORDINANCE NO. 2000M-18 — 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 1.995 ACRES OF LAND SITUATED IN THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 304, BEING A PORTION OF LOT 39 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBURBAN GARDENS SUBDIVISION, SECTION 85, AS SHOWN ON MAP OR PLAT AS RECORDED UNDER VOLUME 2, PAGE 107, OF THE PLAT RECORDS OF BRAZORIA COUNTY, ALSO BEING ALL OF THAT CERTAIN CALLED 2.00 ACRE TRACT OF LAND AS DESCRIBED IN DEED AND RECORDED UNDER FILE NO. 921017114 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF MILLER RANCH ROAD (COUNTY ROAD 93), AND APPROXIMATELY 800 FEET NORTH OF FM 518 (BROADWAY STREET)), (ZONE CHANGE APPLICATION NO. 2006-29Z), FROM SINGLE FAMILY RESIDENTIAL — 1 DISTRICT (R-1) TO OFFICE AND PROFESSIONAL DISTRICT (OP), AT THE REQUEST O MONTY HUDSON, APPLICANT FOR JASVANT C. PATEL, 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 Saboe made the motion, seconded by Councilmember Kyle, to approve Ordinance No. 2000M-18 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of 2006-29Z. City Manager Bill Eisen stated the applicant has stated they are interested in placing a hotel at this location. The zoning being requested is the minimum zoning category in which that use is allowed and the most restricted. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — MOTION TO REMOVE FROM THE TABLE, FIRST READING OF ORDINANCE NO. 1283. Mr. Darrin Coker, City Attorney. Passed to a future agenda. No action by Council. Page 9 of 16 — 8/14/2006 FIRST 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 Passed to a future agenda. No action taken by Council. COUNCIL ACTION — RESOLUTION NO. R2006-126 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH GRAND VALLEY HOMES, INC. AND SOUTHWOOD ESTATES, INC. Mr. Bill Eisen, City Manager. Councilmember Beckman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-126. City Manager Bill Eisen stated this item was the topic of several Workshops and there were a few concerns Council asked the Applicant to address. One concern was that sidewalks had not been installed in the subdivision as required by the City. The other concern was that no provisions for solid waste collection had been established. At this point, sidewalk construction has been completed and a contract for solid waste collection has been entered. Councilmember Saboe asked if the applicant had pictures of the sidewalks that were constructed and what the delay was for the project not being completed by July 1, 2006. John Holt, CasaLinda Homes L.L.C., stated the project was more expensive than the company had expected and they did not have the budget to cover the costs. Discussion ensued between Council, City Manager Bill Eisen, and John Holt, CasaLinda Homes L.L.C. regarding the Resolution. Voting "Aye" None. Voting "No" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Motion Failed 0 to 5. COUNCIL ACTION — RESOLUTION NO. R2006-121 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, UPDATING AND APPROVING THE CITY'S GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT IN A REINVESTMENT ZONE CREATED IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS, FOR PURPOSES OF BRINGING IT INTO COMPLIANCE WITH CURRENT STATE LAWS; CLARIFYING THE DURATION OF TAX ABATEMENT AGREEMENTS AND THE AMOUNT OF TAXES THAT MAY BE ABATED; CHANGING Page 10 of 16 — 8/14/2006 THE MINIMUM CAPITAL INVESTMENT REQUIRED; AND CHANGING THE NOTICE REQUIREMENTS FOR HOLDING PUBLIC HEARINGS FOR TAX ABATEMENT; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND A SEVERABILITY CLAUSE. Mr. Darrin Coker, City Attorney. Passed to a future agenda. No action taken by Council. COUNCIL ACTION — RESOLUTION NO. R2006-119 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, PLACING ON THE AGENDAS OF SEPTEMBER 5, 2006 AND SEPTEMBER 11, 2006, CITY COUNCIL MEETINGS CONSIDERATION OF THE PROPOSED FISCAL YEAR 2006-2007 TAX RATE AND SETTING THE PUBLIC HEARINGS ON THE TAX RATE. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2006-119. City Manager Bill Eisen stated this item relates to a schedule associated with the adoption of the budget. It specifically establishes the dates for Public Hearings to be held for the budget process. Finance Director Claire Manthei stated the public notice will be published in the newspaper on Wednesday, August 16, 2006. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-120 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, PLACING ON THE AGENDAS OF SEPTEMBER 5, 2006 AND SEPTEMBER 11, 2006, CITY COUNCIL MEETINGS CONSIDERATION OF THE PROPOSED FISCAL YEAR 2006-2007 BUDGET AND SETTING THE PUBLIC HEARING ON THE BUDGET. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2006-120. City Manager Bill Eisen stated this item reschedules meeting dates for budget approval to comply with State law and the City Charter. Councilmember Cole stated the City of Pearland is changing their standard practice to meet the legal requirement to approve the new budget by September 15, 2006. Page 11 of 16 — 8/14/2006 Councilmember Saboe stated the Council had the option to approve the budget on a first and only reading, but wanted to give the public two chances to speak on the subject. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-118 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE EXTENSION OF BAILEY DRIVE BETWEEN STATE HIGHWAY 35 AND VETERANS DRIVE. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2006-118. Councilmember Cole stated he wanted to make sure that the vendor is fully aware that this project is just the first in a line of projects and that they are aware of the time constrictions and the importance of abiding by the contract. City Attorney Darrin Coker stated the vendor sees this project as an opportunity to show the City their ability to complete the project in a timely manner and is willing to meet with Council on a regular basis to give updates or address any issues. Brief discussion ensued between Council and City Attorney Darrin Coker regarding the Resolution. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-117 — 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 CARTER AND BURGESS, INC. FOR CONSTRUCTION MANAGEMENT ASSOCIATED WITH THE BAILEY DRIVE EXTENSION PROJECT (BETWEEN SH35 AND VETERANS DRIVE. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Cole, to approve Resolution No. R2006-117. Page 12 of 16 — 8/14/2006 City Manager Bill Eisen stated, as Council stated, on the previous agenda item, the timeframe for this project is very important. Staff is asking Council to approve the contract for construction management between the City and Carter and Burgess, Inc. The total cost of the contract is $355,240.69. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. 1 • • t . - •j:[ml] COUNCIL ACTION — RESOLUTION NO. R2006-116 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT WITH LJA ENGINEERING AND SURVEYING FOR DESIGN, BID AND CONSTRUCTION PHASE SERVICES ASSOCIATED WITH THE BARRY ROSE EXTENSION PROJECT. Mr. Bill Eisen, City Manager. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2006-116. City Manager Bill Eisen stated previously Council approved an agreement with the developer which required the City to construct two lanes of Barry Rose Road to extend from Pearland Parkway across Clear Creek to provide access to property on the other side of the creek. This item is an engineering contract with LJA Engineering to complete the design and surveying for the project. Councilmember Saboe asked what are the construction phase services as far as the contract is concerned. Interim Project Director Jennifer Phan stated construction phase services are typically provided by the design engineer and include things such as reviewing submittals to verify they meet City requirements. Councilmember Cole asked what the length of the project will be. Interim Project Director stated there is not an established length at this time, but Staff is working to get the timeframe as small as possible. Brief discussion ensued between Council, Mayor Reid, City Manager Bill Eisen, and Interim Project Director Jennifer Phan. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Page 13 of 16 — 8/14/2006 Voting "No" None. Motion Passed 5 to 0. Mayor Reid called a recess at 9:23 p.m. Mayor Reid called the meeting back to order at 9:34 p.m. COUNCIL ACTION — RESOLUTION NO. R2006-122 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO VARIOUS CONTRACTS FOR PRELIMINARY ENGINEERING SERVICES ASSOCIATED WITH THE ANTICIPATED 2007 BOND ELECTION AND DESIGN MANAGEMENT SERVICES ASSOCIATED WITH A NEW PUBLIC SAFETY BUILDING. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-122. City Manager Bill Eisen stated Council asked Staff to complete the preliminary engineering to develop a solid cost estimate for Council to make their final decision on several projects. Assistant City Manager Mike Hodge stated Staff was assigned about twenty-eight projects to develop further and provided Council with details on how Staff is progressing with the project. Councilmember Kyle stated that she is impressed that on most of the items presented Staff has been under budget. Discussion ensued between Council, Assistant City Manager Mike Hodge, and Jeff Gerber, PGAL, regarding the Resolution. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-123 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE REGULAR MEETING TIMES AND DATES FOR SEPTEMBER 2006 TO ENSURE COMPLIANCE WITH STATUTORY BUDGETARY TIMELINES. Mr. Darrin Coker, City Attorney. Page 14 of 16 — 8/14/2006 Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Resolution No. R2006-123. City Manager Bill Eisen stated this item ties into the earlier action regarding the specific meetings to comply with State law and the City Charter. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-125 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DEDUCTING UNCOLLECTIBLE UTILITY ACCOUNTS FROM THE CITY'S FINANCIAL STATEMENT. Mr. Bill Eisen, City Manager. Passed to future agenda. No action taken by Council. COUNCIL ACTION — RESOLUTION NO. R2006-124 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING THE REIMBURSEMENT OF COSTS ASSOCIATED WITH THE CONSTRUCTION OF CERTAIN ROAD IMPROVEMENTS. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2006-124. City Manager Bill Eisen stated this item indicates the Council's support for the reimbursement of costs associated with the construction of road improvements to Shadow Creek Ranch through Tax Reinvestment Zone No. 2. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 10:17 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE Page 15 of 16 — 8/14/2006 1. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY - REGARDING POTENTIAL LITIGATION ASSOCIATED WITH MUNICIPAL UTILITY DISTRICTS. Mr. Darrin Coker, City Attorney. 2. SECTION 551.087 - CONSULTATION WITH CITY ATTORNEY - REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. Mr. Bill Eisen, City Manager. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 12:50 a.m. COUNCIL ACTION - REGARDING POTENTIAL LITIGATION ASSOCIATED WITH MUNICIPAL UTILITY DISTRICTS. City Council. No action taken by Council. COUNCIL ACTION - REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. City Council. No action taken by Council. ADJOURNMENT Meeting was adjourned at 12:51 a.m. Minutes approved as submitted and/or corrected this the 28th day of August, A.D., 2006. en gg� ' .' -e Tom Reid Mayor Page 16 of 16 - 8/14/2006