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2006-10-09 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 9, 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 Mayor Pro -Tem Richard Tetens Councilmember Kevin Cole Councilmember Helen Beckman Councilmember Felicia Kyle City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Absent: Councilmember Steve Saboe. Others in attendance: John Branson Parks and Recreation Director; Danny Cameron Public Works Director; Steve Chapman Fire Marshal; Doug Kneupper City Engineer; J.C. Doyle Police Chief; Trent Epperson Project Director; Nick Finan Assistant City Manager; Mary Hickling Director of Human Resources and Safety Management; Mike Hodge Assistant City Manager; Paul Jamison Fire Chief; Lata Krishnarao Planning Director; Claire Manthei Finance Director; Jeff Sundseth EMS Operations Director; Fred Welch Executive Director of Economic Development Corporation. The invocation was given by Councilmember Beckman and the Pledge of Allegiance was led by Police Chief J.G. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported September 28, he attended the Bay Area Transportation Partnership Board of Directors Meeting; October 2, he attended the Agenda Meeting, Council Workshop, and the Development Authority Board of Directors Meeting; October 3, he attended the Brazoria County Partnership Annual Meeting and the Chamber Candidate Forum; October 4 — 6, he attended the Texas Association of Regional Council Annual Meeting as the host and speaker; October 7, he attended the Meet the City Event. Mayor Reid recognized members of the audience: former Councilmember Woody Owens, Deer Park Councilmember Thane Harrison; and Chamber of Commerce President Carol Artz. Page 1 of 15 — 10/9/2006 COUNCIL ACTIVITY REPORTS Councilmember Saboe was absent. Councilmember Beckman reported she attended the Meet the City Event on Saturday and thanked Staff for putting on a wonderful event. Mayor Pro-Tem Tetens reported he attended the Meet the City Event and wanted to thank Staff for the work behind the event. He received very positive feedback from citizens attending the event. Councilmember Kyle reported she attended the Meet the City Event and enjoyed the festivities. She attended a lunch for Governor Rick Perry and was a speaker at a Rotary Club event. She also hosted an event for Congressional Candidate Shelley Sekula-Gibbs. Councilmember Cole passed on giving a report. CITY MANAGER'S REPORT City Manager Bill Eisen reported he attended the Meet the City Event and thanked the City Staff for planning and participating in the event. He also thanked Council for their support and attendance. CITIZENS Alma Nolen, 2106 North Galveston Avenue, addressed Council and stated the residents in her community would like to extend their thanks to the City for repaving their street and helping the children get to the school. Bob Burgess, 2704 Pine Cone Lane, addressed Council and stated he and his wife own property along Pearland Parkway between John Lizer Road and Mary's Creek. Council is currently updating several overlay regulations and he would like his concerns considered when this is being updated. In February of 1993, they purchased the property for a home, business and horse pasture location. The location the City chose for Pearland Parkway cut down the center of their property and they were not given any say in the matter and rendered it unusable for their purposes. They agreed with the City at the time because they were told that their property would be zoned Commercial but it was later zoned as General Business. They were told that the depth of 200' would allow each piece of property to be marketed for General Business development. Because of the overlay regulations, both pieces of their property have been reduced in depth which is preventing them from marketing their property to many developers. Developers are not willing to deal with the City's variance procedures to allow them to use the property for their development. He would like to see the City allow a variance for their property to allow them to be able to competitively market their property on the same areas as the other property owners along the road are doing. Page 2 of 15 —10/9/2006 Councilmember Cole stated he would like to see Staff evaluate this property to see if they can find a way to develop property or what type of business might be suited for the property before any other action is taken. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the September 18, 2006, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the September 25, 2006, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1301 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A TRAFFIC POLICY AND AMENDING SECTION 29-206 OF CHAPTER 29, ARTICLE XI, TRAFFIC CONTROL DEVICES, OF THE CITY OF PEARLAND CODE OF ORDINANCES, HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION. Mr. Mike Hodge, Assistant City Manager. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Tetens, to adopt Consent Agenda Items A through B as presented on the Consent Agenda. Voting "Aye" Councilmembers Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Saboe absent. NEW BUSINESS CONSIDERATION AND POSSIBLE ACTION — MOTION TO REMOVE FROM THE TABLE, RESOLUTION NO. R2006-161. City Council. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Cole, to remove Resolution No. R2006-161 from the table. Voting "Aye" Councilmembers Cole, Kyle, Tetens, and Beckman. Page 3 of 15 — 10/9/2006 Voting "No" None. Motion Passed 4 to 0, with Councilmember Saboe absent. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-161 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A SOLID WASTE AND RECYCLING CONTRACT WITH WASTE MANAGEMENT OF TEXAS. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Cole, to approve Resolution No. R2006-161, as amended. City Manager Bill Eisen stated this is a follow-up to this item being on the agenda several weeks ago. Council had several concerns regarding the contract. Staff has reviewed the contract with Waste Management of Texas and addressed the concerns. Councilmember Kyle asked City Attorney Darrin Coker if he had addressed the contract issues from the prior meeting. City Attorney Darrin Coker stated the issues have been addressed and specifically the non -rate issue in section 11 page 17, regarding waste management response. There was a concern with a contradictory sentence in the Hold Harmless and a change will be made to correct the agreement. Also, of concern was section 9.03 covering the ability of the vendor to request a rate increase and give 120 day notice for the termination of the contract. City Manager Bill Eisen has suggested the time allowance be changed to 180 days notice for termination due to the type of service being provided and the vendor has agreed to the terms. The majority of the issues were related to the ability of Waste Management of Texas to change their rates for service and most of these have been reviewed and agreements have been reached. Discussion ensued between Council and City Manager Bill Eisen, and Thane Harrison, Waste Management, Inc., regarding the Resolution. Councilmember Kyle asked if there was any discussion regarding the 5% increase to the Customer Price Index (CPI). Thane Harrison, Waste Management, Inc. stated the company has reviewed that increase and stands by the need for the increase. Councilmember Kyle stated she does not agree with the increase because of the statement that it is to help recover losses the company has already experienced. Thane Harrison stated the increase is not to recover losses, but is to bring the companies profit to where it should be over a five-year period. Page 4 of 15 — 10/9/2006 Councilmember Kyle stated it was her understanding, from the previous meeting, that this increase was to recover previous losses and thanked Mr. Harrison for his clarification. She thanked Waste Management Inc., for extending the existing contract for further discussions, but she does have reservations regarding some of the terms and the contract not being bid. City Attorney Darrin Coker stated the item would need to be amended to reflect the changes that have been made. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Cole to amend Resolution No. R2006-161 to reflect revisions recommended by the City Attorney. Voting "Aye" Councilmembers Cole, Kyle, Beckman. Voting "No" None. Motion Passed 4 to 0, With Councilmember Saboe absent. Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Saboe absent. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 2000M-20 — 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 0.475 ACRES OF LAND, LOTS 23 AND 24, BLOCK 3, OF THE WAGON WHEEL SUBDIVISION, ABSTRACT 509, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF LARRYCREST DRIVE, AND ON THE EAST SIDE OF HARKEY ROAD), (ZONE CHANGE APPLICATION NO. 2006-31Z), FROM SINGLE FAMILY RESIDENTIAL — 1 DISTRICT (R-1) TO NEIGHBORHOOD SERVICE DISTRICT (NS), AT THE REQUEST OF ROLANDO ROCHA, 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 Mayor Pro -Tem Tetens, to approve Ordinance No. 2000M-20 on its first reading. After discussion, Ordinance No. 2000M-20 was tabled. Page 5 of 15 — 10/9/2006 Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for denial of Application No. 2006-31Z. City Manager Bill Eisen stated, due to the negative vote from the Planning and Zoning Commission, this item will require a three-quarter vote to be approved Rolando Rocha, 2811 Waterside Trail, addressed Council and stated he is the current owner of the property and purchased the unused commercial building for a convenient store and meat market to service the neighborhood. There are several businesses along Harkey Road from FM 518 to Bailey Road. He is not converting a residence, but upgrading an existing commercial building. He went from door-to-door in the neighborhood and received 75 signatures from residents approving the change. Irene Pompa, 3610 Aubrell, addressed Council and stated she has lived at her residence for 30 years and supports the plan for a convenient store. The building has been at the location as a store before and is a good location for this type of business. Billy Davis, 3318 CR 89, addressed Council and stated he was the prior owner of the building. The location has always been a store and was only closed because of issues with the City closing roads for sewer line installation. The location is designed to be a convenient store and it is approved by the neighborhood. James Leach, 6733 Becky Lane, addressed Council and stated he has been at his residence since 1970. The location has been used for a commercial building for a long time and he feels that the convenient store would be good for the neighborhood. Kenneth Phillips, 3322 E. Walnut, addressed Council and stated he is a local attorney that has been retained by Rolando Rocha for representation. When Mr. Rocha first came to him, he felt that there were minimal issues with this plan. The existing building is commercial, there are multiple commercial uses on the same street, and the street is scheduled to be widened in the near future. He has learned that there are more issues and there are other items being considered. He has reviewed the concerns of the Planning and Zoning Commission and would like to address the issues. One concern is that the residents surrounding the location would have concerns. All the surrounding owners either approve the plan or live out of state. One Commissioner asked for history on the property. The property has always been commercial and should have been grandfathered but was not because of mistakes by the previous owner. The concern that there will be an increase of traffic is not true because the residents will go to this store and decrease traffic on other roads. There is the fact that this is a nonconforming use, but the location will never justify the building of a single-family residence and lose the commercial value. He would like Council to approve this zoning change tonight for Mr. Rocha or look into the option of creating a mixed-use district so his client could come back at a later time and be in compliance with the Master Plan. Page 6 of 15 — 10/9/2006 Councilmember Beckman stated she feels like this is an area where the residents want the convenient store. This may be an issue of spot zoning, but the residents feel like the owner will improve the location and she supports the plan. Councilmember Cole stated he supports this item and when the Public Hearing was held there was no one speaking against the plan and there was a petition signed by residents in the neighborhood. This is why he encouraged the Planning and Zoning Commission to review this carefully before making a decision. Zoning is a tool to protect residents and give them a say in what is done near their home and in this case they support this plan. Assistant City Attorney Nghiem Doan stated he is concerned with spot zoning or doing something that is contrary to the Comprehensive Plan. The concern of the applicant is that they cannot continue with the previous use of the property. An option that would allow the owner to continue with the planned use but not require the City to go against its Comprehensive Plan does exist in the Unified Development Code. The item would need to go before the Zoning Board of Adjustments and provide a reason why the location should be allowed to be a commercial use and the Board would have the option to instill restrictions. The item can be tabled by Council until a decision is made by the Zoning Board of Adjustments. Discussion ensued between Council, Assistant City Manager Nick Finan, City Attorney Darrin Coker, and Assistant City Attorney Nghiem Doan regarding the Ordinance. Councilmember Beckman made the motion, seconded by Councilmember Cole, to table Ordinance No. 2000M-20 for further review. Voting "Aye" Councilmembers Cole, Kyle, Tetens, and Beckman. Voting "No" None. Motion Tabled 4 to 0, with Councilmember Saboe absent. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-170 — 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 PRELIMINARY DESIGN SERVICES ASSOCIATED WITH THE ANTICIPATED 2007 BOND ELECTION (NATATORIUM). Mr. Mike Hodge, Assistant City Manager. Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2006-170. Assistant City Manager Mike Hodge stated this item is a preliminary engineering contract for the Natatorium. The services included in this contract include looking at possible site locations for the proposed building and to provide the information to Page 7 of 15 —10/9/2006 Council in December 2006. Staff is recommending the contact be awarded to PBK Inc. Councilmember Cole stated he attended a luncheon in Angleton, TX and there was a natatorium with a community center and it was extremely nice. Having the two items together would be a great asset to the City. Mayor Reid stated he took a tour of several cities with the natatorium and community center and it really makes a complete package. Discussion ensued between Council, City Manager Bill Eisen, and Assistant City Manager Mike Hodge regarding the Resolution. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Saboe absent. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-168 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A TAX ABATEMENT AGREEMENT WITH KEMLON PRODUCTS AND DEVELOPMENT COMPANY, LTD. ("KEMLON"); FINDING AND DETERMINING THAT TERMS OF SAID AGREEMENT MEET THE REQUIREMENTS OF CHAPTER 312 OF THE TAX CODE, V.A.T.S. AS AMENDED, ORDINANCE NO. 1299, ESTABLISHING REINVESTMENT ZONE #15, AND THE GUIDELINES AND CRITERIA FOR GOVERNING REINVESTMENT ZONES AND TAX ABATEMENT AGREEMENTS SET FORTH IN RESOLUTION NO. R2006-121. Mr. Darrin Coker, City Attorney. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2006-168. City Manager Bill Eisen stated this item has been discussed previously by Council on several occasions and will be a seven-year tax abatement agreement with Kemlon Products. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman Voting "No" None. Motion Passed 4 to 0, with Councilmember Saboe absent. Page 8 of 15 — 10/9/2006 CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-169 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A TAX ABATEMENT AGREEMENT WITH BISON BUILDING MATERIALS, LTD. ("BISON"); FINDING AND DETERMINING THAT TERMS OF SAID AGREEMENT MEET THE REQUIREMENTS OF CHAPTER 312 OF THE TAX CODE, V.A.T.S. AS AMENDED, ORDINANCE NO. 1300, ESTABLISHING REINVESTMENT ZONE #14, AND THE GUIDELINES AND CRITERIA FOR GOVERNING REINVESTMENT ZONES AND TAX ABATEMENT AGREEMENTS SET FORTH IN RESOLUTION NO. R2006- 121. Mr. Darrin Coker, City Attorney. Passed to a future agenda, no action taken by Council. CONSIDERATION AND POSSIBLE ACTION — REGARDING AN APPEAL OF A VESTED RIGHTS PETITION ASSOCIATED WITH SECTION 3 OF THE SOUTHGATE SUBDIVISION. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Beckman, regarding an appeal of a vested rights petition associated with section 3 of the Southgate Subdivision, as amended. City Manager Bill Eisen stated this item is regarding the information Council received in the earlier Workshop. Kevin Holland, Cervelle Homes, stated he has been building homes in Pearland since 1990 and is a Commissioner in the City of Friendswood. The lots he is building on are 80' wide and the Unified Development Code (UDC) would actually decrease what he is putting on the lots. The trees being put on the lots are in excess of four -inch caliper and the UDC only requires a two-inch caliper. They are doing on 80' lots what the UDC requires on 70' lots with a detached garage program. They do not want to not meet UDC requirements but he feels the product is voluptuous as it is planned. He was surprised when the City asked him to do less than what he is doing. Mayor Reid stated he feels it is important for a mapped out subdivision to have a uniform appearance. Discussion ensued between Council, Mayor Reid, City Attorney Darrin Coker, Assistant City Manager Nick Finan, and Kevin Holland, Cervelle Homes regarding the item. Councilmember Kyle made the motion, seconded by Councilmember Cole to amend the Vested Rights Petition to waive the Unified Development code requirement for the curbside trees only and require at least two 4" caliper trees per lot. Page 9 of 15 — 10/9/2006 City Attorney Darrin Coker stated approving this action will only waive the street tree requirement. Voting "Aye" Councilmembers Cole and Kyle. Voting "No" Councilmembers Tetens and Beckman. In order to break the tie vote, Mayor Reid cast his vote. Voting "Aye" Mayor Reid. Motion Passed 3 to 2, with Councilmember Saboe absent. Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Cole and Kyle. Voting "No" Councilmembers Tetens and Beckman. Voting "Aye" Mayor Reid. Motion Passed 4 to 0, With Councilmember Saboe absent. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 1307 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, PRESCRIBING THE TYPE OF NOTICE TO BE GIVEN OF THE TIME AND PLACE OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION FOR THE FUTURE ZONING OF PROPERTY LOCATED WITHIN THE BOUNDARIES OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 1. Mr. Darrin Coker, City Attorney. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Ordinance No. 1307 on its first reading. City Attorney Darrin Coker stated this item authorizes the City to adopt an alternate type of notice for a Joint Public Hearing. It will allow the City to publish a notification instead of individually notifying each residence. Voting "Aye" Councilmembers Cole, Kyle, Tetens, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Saboe absent. Page 10 of 15 — 10/9/2006 CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-164 — 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 20.09 ACRES OF LAND. Mr. Darrin Coker, City Attorney. Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2006-164. City Attorney Darrin Coker stated a Municipal Utility District, that wants to expand their boundaries, is required to get approval from City Council. This item is a request from Municipal Utility District No. 34 to expand their boundaries by approximately 20 acres. Voting "Aye" Councilmembers Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Saboe absent. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-163 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 26 OF APPROXIMATELY 53 ACRES OF LAND. Mr. Darrin Coker, City Attorney. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2006-163. City Attorney Darrin Coker stated this item encompasses two tracts of land. The first is approximately 8.5 acres and will bring the total acreage for Municipal Utility District No. 26 (MUD) to 1,637 acres. The second tract of land is approximately 44.538 acres which will bring it up to 1,682 acres. The tax rate for this MUD has been reduced proportionally by $0.03. City Manager Bill Eisen stated the forms submitted by the property owners do not show the City's current rate. Voting "Aye" Councilmembers Cole, Kyle, Tetens, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Saboe absent. Page 11 of 15 — 10/9/2006 CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-165 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A SOFTWARE MAINTENANCE CONTRACT WITH SUNGARD HTE AND APPROVING A MAINTENANCE COST SCHEDULE. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2006-165. City Manager Bill Eisen stated this item is a software maintenance agreement that has been in place for a number of years. The total cost of the contract is $154,482.44. Councilmember Cole asked what services are included for the cost of the contract. Information Technology Manager John Knight stated the City receives updates and technical support for the software. Voting "Aye" Councilmembers Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Saboe absent. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-167 — 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 FREESE AND NICHOLS ENGINEERING FOR ENGINEERING SERVICES ASSOCIATED WITH THE KIRBY WATER PLANT PROJECT. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Resolution No. R2006-167. City Manager Bill Eisen stated this item is an engineering services contract for the design of the Kirby Water Plant, including an elevated storage tank, a ground storage tank, and associated pumping equipment. Brief discussion ensued between Council, Mayor Reid, and City Manager Bill Eisen regarding the Resolution. Voting "Aye" Councilmembers Cole, Kyle, Tetens, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Saboe absent. Page 12 of 15 — 10/9/2006 CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-166 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 1 ASSOCIATED WITH THE BAILEY ROAD WATER LINE PROJECT. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2006-166. City Manager Bill Eisen stated this item is a modification to an existing waterline project at the request of the Public Works Department. Project Director Trent Epperson stated the Bailey Road waterline was bid as a ductile waterline. During the design it was decided the project would be bid with ductile because of the price difference between ductile and PVC. At the time of the project bid, the price difference between the two products had come down significantly. The Public Works Department has requested the project use PVC pipe because it is easier to work with and they do not have the equipment readily available for ductile pipe of the size required. Councilmember Cole asked how much of the project has been completed with PVC pipe. Project Director Trent Epperson stated he does not know the exact percentage, but there is a certain amount that has been completed. Councilmember Cole stated he is not satisfied with how this project was handled by Staff. Discussion ensued between Council, City Manager Bill Eisen, Project Director Trent Epperson, and Public Works Director Danny Cameron regarding the Resolution. Voting "Aye" Councilmembers Beckman, Tetens, and Kyle. Voting "No" Councilmember Cole. Motion Passed 3 to 1, with Councilmember Saboe absent. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-171 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A MAINTENANCE CONTRACT WITH CONSOLIDATED TRAFFIC CONTROLS, INC. Mr. Bill Eisen, City Manager. Page 13 of 15 — 10/9/2006 Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2006-171. City Manager Bill Eisen stated this item is a contract for maintenance of the various Opticom Systems, which are used to turn the traffic lights green to get emergency vehicles to a location more quickly. The vendor is Traffic Controls, Inc. and they are the only authorized vendor for this service. Voting "Aye" Councilmembers Cole, Kyle, Tetens, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Saboe absent. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:56 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.087 - CONSULTATION WITH CITY ATTORNEY - REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. Mr. Bill Eisen, City Manager. 2. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY - REGARDING POTENTIAL LITIGATION ASSOCIATED WITH CITY INFRASTRUCTURE. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:19 p.m. COUNCIL ACTION - REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. City Council. No action taken by Council. COUNCIL ACTION - REGARDING POTENTIAL LITIGATION ASSOCIATED WITH MUNICIPAL CITY INFRASTRUCTURE. City Council. No action taken by Council. Page 14 of 15 - 10/9/2006 ADJOURNMENT Meeting was adjourned at 11:19 p.m. Minutes approved as submitted and/or corrected this the 23 Id day of OOtober, A.D., 2006. Tom Reid Mayor ATTEST: Page 15 of 15 — 10/9/2006