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2006-08-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 28, 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 8:10 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Richard Tetens Councilmember Kevin Cole Councilmember Helen Beckman Councilmember Felicia Kyle Councilmember Steve Saboe City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Others in attendance: Public Works Director Danny Cameron; City Engineer Doug Kneupper; Police Chief J.C. Doyle; Project Director Trent Epperson; Director of Human Resources and Safety Management Mary Hickling; Assistant City Manager Mike Hodge; Director of Finance Claire Manthei; EMS Director Jeff Sundseth; Executive Director of Economic Development Fred Welch; Assistant Public Works Director Jennifer Phan; Assistant Police Chief Johnny Spires; John Holas Parks and Recreation Superintendent; Assistant Finance Director Rick Overgaard; Budget Analyst June Ellis; Interim Parks and Recreation Director Michelle Smith. The invocation was given by Councilmember Saboe and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported August 15, he attended the H -GAC Monthly Board of Directors Meeting and met with H -GAC and TxDOT on the Regional Public Transportation Plan; August 16, met with City Manager Bill Eisen and the consultant for the Red Light Camera Plan and welcomed Brazoria County Cities Association to Pearland for the monthly meeting; August 17, met with Executive Director of Economic Development Corporation Fred Welch and potential developer for Spectrum, met with Haywood Jefferies and the Bay Area Gamblers Staff, and attended the Gulf Coast Water Authority Board of Directors Meeting; August 18, met with BP Corporation regarding water from the Chocolate Bayou Canal and the Pearland Economic Development Corporation event for Bobcat Corporation; August 21, received the Pearland Award as H -GAC for Commute Solutions Champion and chaired the Council Workshop and Planning and Zoning Public Hearings; August 22, attended the Pearland Economic Development Corporation and Pearland Independent School District Workshop; August 23, attended the Bay Area Transportation Partnership Luncheon for Commissioner Sylvia R. Garcia; Page 1 of 16 — 8/28/2006 August 24, attended Chamber Luncheon and introduced Judge Bob Eckels and the Chamber After-hours for Tom Bass Park Golf Pro Shop; August 25, attended the Transportation Policy Council Board of Directors Meeting and the Texas Department of Transportation Railroad Study Report; August 28, attended the Brazoria County Tax Abatement Review Committee Meeting. Mayor Reid presented a proclamation to Houston Chapter of American Payroll Association Members Debbie Horton, CPP, Alane Johnson, CPP, Nicole Myers, CPP and City of Pearland Payroll Clerk Brent Lee, proclaiming September 4-8, 2006 as "National Payroll Week." Assistant City Manager Nick Finan stated each year the Houston Galveston Area of Council presents awards for the best workplaces as part of the Commute Solutions Program. Many awards are given but one of the most prestigious awards is the Commute Solutions Champion. The City of Pearland has been named the 2006 Commute Solutions Champion. The City has done several things to receive this award including the flexible schedule for Staff, Car Pool services, and establishing Ozone Alerts. COUNCIL ACTIVITY REPORTS Councilmember Saboe reported August 25th he attended the Pearland Neighborhood Centers Annual Fundraiser and a record amount of funds were raised for the community. Woody Owens was recognized as King for collecting the most donations. Councilmember Beckman reported she attended the Chamber Luncheon with Judge Bob Eckels, the Shaw -Cor Check Presentation, the Brazoria County Cities Association Dinner hosted by Pearland, and the Joint Workshop with Council, Pearland Independent School District, and Pearland Economic Development Corporation. Mayor Pro -Tem Tetens reported he attended the Shaw -Cor Check Presentation and a tour of the facility, the Chamber Dinner with Judge Bob Eckels, the Brazoria County Cities Association Dinner hosted by Pearland and the Joint Workshop with Council, Pearland Independent School District, and Pearland Economic Development Corporation Councilmember Kyle reported she attended the Brazoria County Cities Association Dinner and she was proud to be a part of Pearland. She attended the Shaw -Cor event and was amazed at the facility. The Planning and Zoning event was wonderful and she really enjoyed it. Councilmember Cole reported he attended the Brazoria County Cities Association Dinner and the Pearland Neighborhood Centers Event and it was a great success. He also opened the Pearland Oiler Touchdown Club at the Rig. Page 2 of 16 — 8/28/2006 CITY MANAGER'S REPORT City Manager Bill Eisen reported there was a Joint Workshop on August 22, 2006 with Pearland Independent School District and Pearland Economic Development Corporation regarding ways to work together to benefit the school system and the public. Since this meeting there have been discussions on several items and due to these conversations, Staff will be asking Council to table Item No. 2 on the Regular Meeting Agenda. CITIZENS Alma Nolen, 2106 North Galveston Avenue, addressed Council and stated the street paving on 2100 block of North Galveston Avenue is causing a problem. The road has a black stripe down each side and a white stripe in the middle. The children walking to school are walking on the white stripe to prevent from getting the black on their shoes or bicycles and it is causing a hazardous situation. That portion of the road is not as wide as the rest of the road and the City might want to think about doing something about it. A boy was killed at this location several years ago by hitting a tree and the City needs to consider making a change. Anselmo Lozano, 3213 London Court, addressed Council and stated several members of his neighborhood attended a traffic study in June where several options were offered that would solve the traffic issues on the street. The option the residents are in favor of is opening Westminister to Pearland Parkway. This plan would benefit the residents and relieve the traffic problems they are experiencing. Thomas Guerriere, 3201 London Court, addressed Council and stated he counted cars one evening and there were 223 cars that drove down London Court which is a residential road. The residents have been complaining about the traffic since the day London Court was opened to Pearland Parkway. He is proposing that something be done and possibly would like to see London Court closed to Pearland Parkway. Doug Marcontell, 3209 London Court, addressed Council and stated he is a resident on London Court and he has seen the changes the City has experienced. When he purchased his home on London Court and could have known what the traffic problems would be he would have never bought the home. The situation is hazardous for the children in the neighborhood and needs to be dealt with. Clarence Sklenarik, 3214 London Court, addressed Council and stated he lives on London Court and has a child that likes to play across the street. It sometimes takes a long time to get across the street because of the traffic. He understands the issues of the residents on Westminister but London Court is a much more narrow road and some type of compromise needs to be made. Page 3 of 16 — 8/28/2006 Larry Marcott, 3606 Inverness Court, addressed Council and stated he opposes the SH 35 work that was being presented and he listened to TxDOT and the engineer earlier this evening. He feels the project costing more to them shouldn't matter as long as the project is done in a way that will benefit the City. The plan to take away Frontage road along the highway will take away the City's ability to collect tax revenue from future businesses at those locations. A railway in Pearland where it is planned means something will have to be torn down and this will take taxable property out of the City's hands. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: ALL ITEMS LISTED UNDER THE "CONSENT AGENDA" ARE CONSIDERED TO BE ROUTINE AND REQUIRE LITTLE OR NO DELIBERATION BY THE CITY COUNCIL. THESE ITEMS WILL BE ENACTED/APPROVED BY ONE MOTION UNLESS A COUNCILMEMBER REQUESTS SEPARATE ACTION ON AN ITEM, IN WHICH EVENT THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED BY SEPARATE ACTION (IX. MATTERS REMOVED FROM CONSENT AGENDA). APPROVAL OF THE CONSENT AGENDA ENACTS THE ITEMS OF LEGISLATION. A. CONSIDERATION AND POSSIBLE ACTION — 1 . Minutes of the August 14, 2006, Special Meeting held at 5:30 p.m. 2. Minutes of the August 14, 2006, Regular Meeting held at 7:30 p.m. 3. Minutes of the August 21, 2006, Special Meeting held at 6:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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, 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 Page 4 of 16 — 8/28/2006 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-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, 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. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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, 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 Page 5 of 16 — 8/28/2006 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. E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. F. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1290 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE A WATER AND SEWER EASEMENT FOR THE CONSTRUCTION OF UTILITY IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY Page 6 of 16 — 8/28/2006 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. G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-136 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DESIGNATING THE DIRECTOR OF FINANCE AND THE ASSISTANT DIRECTOR OF FINANCE AS INVESTMENT OFFICERS AUTHORIZED TO ENGAGE IN INVESTMENT TRANSACTIONS ON BEHALF OF THE CITY. Mr. Bill Eisen, City Manager. H. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1291 — 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 (SOUTHDOWN @ SUSSEX TRAIL); 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. Mayor Pro -Tem asked that Consent Agenda Item D 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 H with the exception of item D, as presented on the Consent Agenda. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. Page 7 of 16 — 8/28/2006 MATTERS REMOVED FROM CONSENT AGENDA As requested by Mayor Pro -Tem Tetens Consent Agenda Item D was removed for further discussion. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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, 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 Saboe made the motion, seconded by Councilmember Cole, to approve Ordinance No. 2000M-16. City Manager Bill Eisen stated this item is roughly a 1/3 acre of land to the east side of Country Club Plaza shopping center. Mayor Pro -Tem Tetens stated he pulled this item because he voted against this item on the first reading and he will vote against it again. He asked if there was still a lawsuit pending that involved the landowner. City Attorney Darrin Coker stated the lawsuit no longer exists. Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Saboe. Voting "No" Councilmember Tetens. Motion Passed 4 to 1. Page 8 of 16 — 8/28/2006 NEW BUSINESS COUNCIL ACTION — RESOLUTION NO. R2006-134 — 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 THE DESIGN AND CONSTRUCTION OF THE SH 288 FRONTAGE ROADS. Mr. Mike Hodge, Assistant City Manager. Councilmember Beckman made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2006-134. City Manager Bill Eisen stated this item involves SH 288 Frontage Road between McHard Road and Broadway. The City has been working with TxDOT to reach this point of design and construction. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-140 — 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. Mr. Mike Hodge, Assistant City Manager. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-140, with the exception of Item D, a contract for Architectural services for the Natatorium. City Manager Bill Eisen stated this item contains four separate items for approval: preliminary engineering to obtain a better cost estimate for a project on Old Alvin Road, drainage improvements to Mary's Creek at SH 35, Frontage road issues on SH 288, and Cullen Parkway improvements. Councilmember Beckman stated when looking at the project for Mary's Creek at SH 35, the City should look into trail connecting so citizens do not have to walk on the road to cross the creek. Councilmember Saboe asked what the funding source is for the Cullen Parkway improvements. Page 9 of 16 — 8/28/2006 City Manager Bill Eisen stated it would be the Bonds and Certificates of Obligation sold earlier in the year. There was also a reimbursement resolution for a portion of the project. Councilmember Saboe asked what the balance remaining for the project is. Assistant City Manager Mike Hodge stated the remaining balance is approximately $31,000. Councilmember Saboe asked if the cost for the project on Frontage Road on SH 288 is split 50/50 with the Tax Reinvestment Zone. Assistant City Manager Mike Hodge stated the 50/50 split is due to one side of the Frontage Road being on the east side and the other side being on the west side. Councilmember Saboe stated he would like Staff to review the plans for London Court for an alternative option that will relieve the residents of their traffic issues. Brief discussion ensued between Council, City Manager Bill Eisen, and Assistant City Manager Mike Hodge. David Hamilton, Bury Partners, stated part of the scope of their project is to seek out alternative funding. The Financing Consultant, Mike Weaver, with Prime Strategies reviews all sources of outside funding. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-132 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING PAYMENT TO CENTERPOINT ENERGY FOR THE INSTALLATION OF DECORATIVE STREET LIGHTING ALONG KIRBY DRIVE. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-132. City Manager Bill Eisen stated this item is an add on to an earlier agreement between the City and Centerpoint Energy for costs associated with lighting on Kirby Drive. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. Page 10 of 16 — 8/28/2006 COUNCIL ACTION — RESOLUTION NO. R2006-141 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONSENTING TO AN ASSIGNMENT AND ASSUMPTION AGREEMENT. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2006-141. City Manager Bill Eisen stated the City has an existing agreement with Maverick Homes to construct a new roadway from Pearland Parkway to Country Club Drive. The current item is to allow Juliet Homes, LP to take responsibility for the project. Councilmember Kyle asked what is the need for the transfer and what the timeframe for the project will be. City Attorney Darrin Coker stated that it is his understanding that Juliet Homes, LP has purchased the land from Maverick Homes and has plans to develop the property. Berry Cain, Juliet Homes, LP, stated the opportunity was presented to them by Maverick Homes and their company is excited to have a chance to be in Pearland. The company is ready to execute engineering contracts for the project and anticipates starting the first section in approximately 36 weeks. Discussion ensued between Council, City Manager Bill Eisen, City Attorney Darrin Coker, and Berry Cain, Juliet Homes, LP regarding the project. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-129 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 34 OF APPROXIMATELY 73.397 ACRES OF LAND. Mr. Darrin Coker, City Attorney. Councilmember Saboe made the motion, seconded by Councilmember Cole, to approve Resolution No. R2006-129. City Attorney Darrin Coker stated before a Municipal Utility District (MUD) can increase its size it must get approval from Council. MUD No. 34 has submitted a request to increase their boundaries by 73 acres. This is the area that is adjacent to Southern Trails, which is connected to Southern Trails as part of the development plan. The MUD is not limited in size because of the decreasing reimbursement plan. Page 11 of 16 — 8/28/2006 Discussion ensued between Council, City Manager Bill Eisen, 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. R2006-130 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A LETTER OF INTENT WITH SIEMENS BUILDING TECHNOLOGIES, INC., FOR IMPLEMENTATION OF A DETAILED ENERGY AUDIT AND ALLOWING FOR THE CITY'S PARTICIPATION IN A PERFORMANCE CONTRACTING PROGRAM. Mr. Mike Hodge, Assistant City Manager. Councilmember Beckman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-130. City Manager Bill Eisen stated Siemens Building Technologies has done an audit of energy use for the City and this item is to enter into an agreement with them for a more detailed analysis to be performed. After this service is completed, we will have the option to enter into a service agreement with Siemens Building Technologies or pay them for the services they have performed. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-131 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN AMENDMENT TO THE ENGINEERING CONTRACT WITH S & B INFRASTRUCTURE, LTD., FOR ENGINEERING SERVICES ASSOCIATED WITH THE SH 35 WATER AND SANITARY SEWER PROJECT. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-131. City Manager Bill Eisen stated this item is a modification to an existing agreement with S & B Infrastructure for the design of water and sewer on SH 35. Page 12 of 16 — 8/28/2006 Councilmember Saboe stated this project is going outside the lines of the expected budget and the City should be considering how to fund these cases. City Manager Bill Eisen stated there is a considerable contingency set aside in the beginning of the project. While the contingency is being used, it is obvious that there will be quite a bit of funding left over. Assistant Public Works Director Jennifer Phan stated Staff does not expect additional costs for the project. The additional expenditure on the budget is due to the project taking so long and requiring meetings and coordination with TxDOT. Brief discussion ensued between Council, Public Works Director Danny Cameron, and Assistant Public Works Director Jennifer Phan. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-137 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 5 ASSOCIATED WITH THE KIRBY DRIVE EXTENSION PROJECT. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2006-137. City Manager Bill Eisen stated this item relates to the Kirby Drive Project and an issue brought to the City by one of the contractors. Councilmember Kyle asked if the construction contractor came to Council asking for the increase in what was already approved for the project. Assistant Public Works Director Jennifer Phan stated this project was requested in November or December of 2005. Out of fairness to the contractor, Staff asked Council to combine the differences in cost into one change order. Discussion ensued between Council and Assistant Public Works Director Jennifer Phan regarding the project. Councilmember Kyle stated she feels the City should be able to rely upon the numbers provided by vendor bids and does not feel the City should have to compensate for their error in estimate. Page 13 of 16 — 8/28/2006 Voting "Aye" Councilmembers Beckman, Tetens, and Cole. Voting "No" Councilmembers Saboe and Kyle. Motion Passed 3 to 2. COUNCIL ACTION — RESOLUTION NO. R2006-138 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE BAILEY ROAD/VETERANS DRIVE WATER LINE PROJECT. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2006-138. City Manager Bill Eisen stated this item is a bid award for the water line project on Bailey Road and Veterans Drive. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-135 — 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 PSI, INC., FOR MATERIALS TESTING SERVICES ASSOCIATED WITH THE BAILEY ROAD EXTENSION PROJECT. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2006-135. City Manager Bill Eisen stated this item is for materials testing on the Bailey Oiler Road Project and requires someone to be on site at all times. Councilmember Saboe asked for clarification on the schedule requirements for the testing services. Assistant Public Works Director Jennifer Phan stated there is a minimum call out of two hours unless the vendor is called the night before they aren't needed. Brief discussion ensued between Council, City Manager Bill Eisen, and Assistant Public Works Director Jennifer Phan regarding the Resolution. Page 14 of 16 — 8/28/2006 Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-133 — 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 COBB FENDLEY, INC., FOR ENGINEERING SERVICES ASSOCIATED WITH THE MAGNOLIA ROAD EXPANSION PROJECT. Mr. Bill Eisen, City Manager. Councilmember Beckman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-133. City Manager Bill Eisen stated this item is an add on to a contract on the Magnolia Road Project and the total for the project is $133.100. Councilmember Cole asked if this would be automatically added to the Magnolia Project or would it be put in the Bond Election for this year. City Manager Bill Eisen stated the costs would most likely need to be put in the Bond Election. He is not sure if the budget for the Magnolia Project would allow for the costs. If the funds are available in the existing budget, the costs will be funded through the current budget. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-139 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING AN INTERLOCAL AGREEMENT WITH FORT BEND COUNTY FOR MUTUAL AID ASSISTANCE. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2006-139. City Manager Bill Eisen stated this item is a two-year extension of an existing agreement. Page 15 of 16 — 8/28/2006 Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1292 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A PORTION OF A CERTAIN TEN -FOOT (10') SEWER EASEMENT 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 Kyle made the motion, seconded by Councilmember Cole, to approve Ordinance No. 1292 on its first reading. City Attorney Darrin Coker stated this item is the subject of the previous Public Hearing Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. ADJOURNMENT Meeting was adjourned at 10:04 p.m. Minutes approved as submitted and/or corrected this the 11th day of September, A.D., 2006. Tom Reid Mayor Page 16 of 16 — 8/28/2006