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2006-10-23 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 23, 2006, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:30 p.m. with the following present: Mayor 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: John Branson Parks and Recreation Director; Danny Cameron Public Works Director; Doug Kneupper City Engineer; Trent Epperson Project Director; Nick Finan Assistant City Manager; Mike Hodge Assistant City Manager; Claire Manthei Finance Director; Michelle Smith Recreation Superintendent; Louis Robertson Streets and Drainage Superintendent. The invocation was given by Councilmember Beckman and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported October 10, he presented Graduation Certificates to Citizens Emergency Response Team Class No. 2, attended the Commissioners Court for Surface Water Agenda Item and the Houston Port Economic Alliance Board of Directors Meeting; October 11 he attended the Pearland Arts League Board of Directors Meeting and the Pearland Economic Development Corporation CEO Round Table Event; October 12, he attended the Meeting of the Gulf Coast Water Authority, the Chamber Ribbon Cutting for Moonwalk Madness Business, and the Bay Area Transportation Partnership Executive Committee Meeting; October 13, Celebrity Waiter for Keep Pearland Beautiful, met with consultants for Texas Railway Association, and joined the Pearland Chamber of Commerce for the Chamber Golf Tournament Rap -up Dinner; October 14, cut the ribbon for Sri Meenaskshi Festival of Light and Health Fair and was a keynote speaker at the Eagle Scout Court of Honor; October 16, attended Agenda Meeting, the Council Special Meeting, and Pearland Independent School District Education Improvement Committee Meeting; October 17, attended the H -GAC Board of Directors Meeting and Chaired the Pearland Area Citizens Corps Board of Directors Meeting; October 18, attended the Chamber of Commerce Monthly Luncheon and the Brazoria County Cities Association Monthly Meeting; October 19, attended the Gulf Page 1 of 15 — 10/23/2006 Coast Water Authority Board of Directors Meeting, the Bay Area Transportation Partnership Board of Directors Meeting, and Chaired the City Council and Pearland Independent School District Joint Workshop; October 20, attended the Pearland Friends of the Library Board of Directors Meeting, the Houston Bay Area Economic Alliance Luncheon, and the Houston Port Economic Alliance Annual Awards Banquet. Mayor Reid presented a proclamation to Anand Ramamurthy, Harish Krishnarao, and Vinita Poppat, proclaiming October 28, 2006, as "Pearland Indian Community Diwali Celebration 2006." Vinita Poppat stated in India, Diwali is similar to Christmas in America. The holiday is celebrated by lighting oil lamps, setting off fireworks and delivering sweets to friends and family. Diwali celebrates the victory of good over evil, light over darkness, and kindness over ignorance. There are over 600 families that celebrate Diwali in Pearland. With all the cultural diversity in Pearland, she is proud that this day could be set apart for them. This makes her feel more accepted by the community and that the City of Pearland likes her just as much as she likes it. Anand Ramamurthy addressed Council and stated on behalf of the Pearland Desi Group he would like to thank the City for its support. The Pearland Desi Group began in the mid 1990's and there are currently about 600 families in the area. A celebration will be held on October 28, 2006 for Diwali or the Festival of Lights with performances celebrating the Indian culture. Everyone on in the community is invited to the event to enjoy the food and festivities. Mayor Reid stated he has cast his early vote in the upcoming election and would like for every Citizen to get out and vote. COUNCIL ACTIVITY REPORTS Councilmember Saboe reported he spoke to the third grade class at Massey Ranch Elementary School where his daughter attends school. As part of their curriculum they are learning their rights and responsibilities as citizens. It is important to remember the power of the people and remind their parents to vote. During the recent flood problems he was pleased to see the community reach out and the Staff use the opportunity to learn from the experience and plan for a better system in the future. Councilmember Beckman reported she attended several events with the Pearland Chamber of Commerce. She attended the Keep Pearland Beautiful Plant Luncheon, the Brazoria Counties Cities Association and the Natatorium Workshop. She also attended the Friends of the Library meeting and she encourages everyone to join the group and show their support. October 20, she attended the Houston Port Economic Alliance Annual Awards Banquet. Page 2 of 15 — 10/23/2006 Mayor Pro -Tem Tetens report October 10, he attended the Clear Creek Steering Committee Meeting and the Corp is supposed to present their recommendations for Clear Creek at the November meeting. Councilmember Kyle reported she attended she attended an event held at the Republican Headquarters where she had the opportunity to interact with Senator Kay Bailey Hutchinson and Senator Kay Granger and candidate Shelley Sekula-Gibb which was a great event. She attended the Pearland Chamber of Commerce luncheon and was also honored to attend the Governor Rick Perry Women's Leadership Convention where 8000 women attended. Councilmember Cole reported October 11 and 12, he attended both the Alvin and Manvel State of the City events. It is exciting to watch those cities start the transformation process of growth that Pearland has been experiencing. He also had the chance to volunteer at the Forgotten Angels Golf Tournament, which is an organization that takes care of and supports those with severe handicaps in the community. He asked that everyone in the room vote for Glenda Dawson who passed away but had to remain on the ballot. This will honor her memory and her family. CITY MANAGER'S REPORT City Manager Bill Eisen introduced Jon Branson as the new Parks and Recreation Director for the City. CITIZENS Nancy Kozanecki, 3705 Pine Branch Dr., address Council and stated, during a Council Meeting when the budget were discussed, it was said that the City needs to help Citizens reduce and recycle. She found a paper distributed by the Florida Keys that had several tips on how to reduce water consumption and recycling. The City might consider offering a sales tax break for people who buy energy efficient appliances in Pearland. She also is having a problem with brown drinking water in the subdivision where she lives. She received forty complaints of bad water in the area. The problem has been occurring over the last five years but has worsened in the last several months. There is also a problem with flooding in the Pine Hollow Subdivision. She presented pictures to Council of the subdivision's weir structure to demonstrate the potential flood problems in the area. The problem needs to be fixed to protect the citizens and their homes from flooding in the future. Larry Marcott, 3606 Iverness Court, addressed Council and stated some time ago there was graffiti on Fite Road and it was taken care of. More graffiti was reported to the City in August on Fite Road in several different areas. Graffiti is an increasing problem in the City of Pearland and in the Extra -Territorial Jurisdiction. He provided Council with a list of areas that have graffiti that needs to be cleaned up. This is a problem that will grow and affect our property value and taxes if it is not stopped. Page 3 of 15 — 10/23/2006 DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the October 2, 2006, Special Meeting held at 6:00 p.m. 2. Minutes of the October 9, 2006, Regular Meeting held at 7:30 p.m. 3. Minutes of the October 16, 2006, Special Meeting held at 6:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. C. CONSIDERATION AND POSSIBLE ACTION — EXCUSE COUNCILMEMBER STEVE SABOE'S ABSENCE FROM THE OCTOBER 9, 2006, REGULAR COUNCIL MEETING. City Council. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-179 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONVEYING A THIRTY-FOOT (30') DRAINAGE EASEMENT. Mr. Darrin Coker, City Attorney. E. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1310 — 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 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 Page 4 of 15 — 10/23/2006 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 — RESOLUTION NO. R2006-176 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON- GALVESTON AREA COUNCIL (HGAC) FOR THE PURCHASE OF A STREET SWEEPER. Mr. Bill Eisen, City Manager. G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-175 — 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 ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE LIBERTY DRIVE WATER PLANT GROUND STORAGE TANK. Mr. Bill Eisen, City Manager. H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-177 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON- GALVESTON AREA COUNCIL (HGAC) FOR THE REMOUNTING AND REFURBISHING OF AN AMBULANCE. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-174 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN THE STATE OF TEXAS PURCHASING CONTRACT FOR THE PURCHASE OF COMPUTERS. Mr. Bill Eisen, City Manager. Councilmember Saboe asked that Consent Agenda Item I be removed from the Consent Agenda for further discussion. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Tetens, to adopt Consent Agenda Items A through I with the exception of item I, as presented on the Consent Agenda. Page 5 of 15 — 10/23/2006 Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA As requested by Councilmember Saboe Consent Agenda Item I was removed for further discussion. I. COUNCIL ACTION — RESOLUTION NO. R2006-174 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN THE STATE OF TEXAS PURCHASING CONTRACT FOR THE PURCHASE OF COMPUTERS. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Beckman, to approve Resolution R2006-174. Councilmember Saboe asked why there are nine laptops for City Council and who will be receiving them. Information Technology Manager John Knight stated this was removed from the City Secretary's budget. City Manager Bill Eisen stated the laptops will be given to six Council Members, City Manager and Assistant City Manager Nick Finan. Councilmember Saboe asked that Staff review costs and verify that they are getting the best price and include software and credits for upgrades. Brief discussion ensued between Council and Information Technology Manager John Knight regarding the Resolution. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS Page 6 of 15 — 10/23/2006 COUNICL ACTION — RESOLUTION NO. R2006-180 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERIM WATER SUPPLY AGREEMENT WITH THE GULF COAST WATER AUTHORITY. Mr. Bill Eisen, City Manager. Passed to a future agenda, no action taken by Council. Mayor Reid, with concurrence of Council, moved to New Business Item No. 9 through 13: Ordinance No. 1312, Ordinance No. 1313, Ordinance No. 1314, Resolution No. R2006-182, and Resolution No. R2006-181. FIRST READING OF ORDINANCE NO. 1312 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN FOR REINVESTMENT ZONE NUMBER TWO, CITY OF PEARLAND, TEXAS (SECOND AMENDMENT); AUTHORIZING THE CITY SECRETARY TO DISTRIBUTE SUCH PLANS; RESCINDING CITY ORDINANCE NO. 1275; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE FOREGOING SUBJECTS; AND PROVIDING FOR SEVERABILITY. Mr. Darrin Coker, City Attorney. FIRST READING OF ORDINANCE NO. 1313 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ENLARGING THE BOUNDARIES OF REINVESTMENT ZONE NUMBER TWO, CITY OF PEARLAND, TEXAS; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE FOREGOING SUBJECT; AND PROVIDING FOR SEVERABILITY. Mr. Darrin Coker, City Attorney. FIRST READING OF ORDINANCE NO. 1314 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN FOR REINVESTMENT ZONE NUMBER TWO, CITY OF PEARLAND, TEXAS (THIRD AMENDMENT); AUTHORIZING THE CITY SECRETARY TO DISTRIBUTE SUCH PLANS; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE FOREGOING SUBJECTS; AND PROVIDING FOR SEVERABILITY. Mr. Darrin Coker, City Attorney. COUNCIL ACTION — RESOLUTION NO. R2006-182 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AMENDMENT NO. 1 TO AGREEMENT WITH FORT BEND COUNTY. Mr. Darrin Coker, City Attorney. Page 7 of 15 — 10/23/2006 COUNCIL ACTION — RESOLUTION NO. R2006-181 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AMENDMENT NO. 1 TO TAX INCREMENT PARTICIPATION AGREEMENT WITH BRAZORIA COUNTY. Mr. Darrin Coker, City Attorney. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Tetens, to approve Ordinance No. 1312, Ordinance No. 1313, Ordinance No. 1314, Resolution No. R2006-182, and Resolution No. R2006-181. City Manager Bill Eisen stated Ordinance No. 1312 rescinds an earlier amendment to the financing plan of Tax Increment Reinvestment Zone No. 2 (TIRZ No. 2) that would have included Alvin Community College as a tax investment. Ordinance No. 1313 expands the boundaries of TIRZ No. 2 to include approximately 7 acres. Ordinance No. 1314 approves Amendement No. 3 to the project plan of TIRZ No. 2. Resolution No. R2006-182 and R2006-181 approve interlocal agreements with two other taxing entities. Councilmember Saboe asked if Amendment No. 2 specifically referred to the financing of infrastructure upgrades from SH 288 to Kirby Drive or does it go beyond Kirby Drive. City Manager Bill Eisen stated Amendment No. 2 does cover upgrades to Kirby Drive and Amendment No. 3 related to the Broadway area. Councilmember Cole stated the most important thing Council has done is set up a plan of action for the widening of Broadway west of SH 288 to FM 521. What is important is that the developers of Shadow Creek Ranch, Transwestern and future developers in the area will front the costs for the extension and a portion of the property tax for residents living in TIRZ No. 2, which will help offset their costs. This will prevent all residents of Pearland having to pay for the project. If this project was not handled in this way, it would take longer and allow the road to be completed in approximately two years versus possibly five years. Rodrigo Carreon, 1122 Ave C, addressed Council and stated the enlargement of City boundary lines could possibly force residents in the area to pay double taxes. People living in this area should be given the choice to be in the City of Pearland. Mayor Reid, with concurrence of Council, moved to New Business Item No. 14. COUNCIL ACTION — REGARDING THE RECENT FLOOD EVENT IN THE CITY AND SURROUNDING AREAS. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Saboe, to place this item on the table for discussion. Page 8 of 15 — 10/23/2006 City Manager Bill Eisen stated this item pertains to the heavy rains recently experienced in Pearland and the flooding that resulted. Assistant City Manager Mike Hodge stated Staff wanted to provide Council with information regarding the storms and flooding experienced in Pearland. Heavy rains began Sunday evening and lasting through most of the day Monday. During the Monday event the Emergency Operations Center was opened to monitor the situation. Staff members with Public Works, the Police Department and others were also in the field monitoring the situation. Several action items have been initiated by the events. Public Works Director Danny Cameron stated the rain gauges in the City ranged anywhere from 8.21 to 10.34 inches within the 24 hour period. Several roads in the City were rendered impassible by high water. Several subdivisions also had high water that was over the curb of the street. There were also several homes that had water in the actual residence. Crews were in the City from 9:00 p.m. Sunday night to 9:30 p.m. Monday night with four people staying over driving utility vehicles until Tuesday morning. Staff reported to work at 2:30 a.m. on Tuesday to verify that the expected rains had not happened. City Engineer Doug Kneupper stated the events in the West Lea Subdivision uncovered the problem that water from the Cowart's Creek watershed is entering the subdivision and it is not supposed to. The area is a Mary's Creek watershed and this unexpected water flow was making an impact in the subdivision. A project is being worked on right now for the diversion of the water from Cowart's Creek. The Master Drainage Plan previously presented to Council will also help the West Lea Subdivision. The Cabot Cove Subdivision also had water that stayed in the area longer than it should have. The Master Plan will also help this problem and prevent it from reoccurring. A meeting has been scheduled with the developer of Cabot Cove to discuss possible options to provide relief to residents in the event of flooding in the future. Discussion ensued between Council, City Manager Bill Eisen, City Engineer Doug Kneupper and Engineer John Hargrove regarding the item. Councilmember Saboe stated he would like to see a database of contact information of homes that have had water issues and have a member of Staff contact them when there is an event and reassure them. He would like to see some type of proactive plans for future events. Mayor Reid, with concurrence of Council moved back to New Business Item No. 2, Resolution R2006-169. COUNCIL 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 Page 9 of 15 — 10/23/2006 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. Councilmember Kyle made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-169. City Manager Bill Eisen stated this item was discussed with Council in a previous Public Hearing and is regarding a possible tax abatement agreement. If approved the agreement provides a 15% abatement for five years with a threshold of sales of 24 million by Bison Lumber. Executive Director of Economic Development Corporation Fred Welch stated it would be a decision by Council to qualify Bison Building Materials, LTD. as an abatable facility. The market the company serves is more of a regional market and a lot of the product would not be sold to locations in Pearland. Discussion ensued between Council, City Manager Bill Eisen, City Attorney Darrin Coker, and Executive Director of Economic Development Corporation Fred Welch regarding the Resolution. Voting "Aye" None. Voting "No" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Motion Failed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1308 — 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 made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 1308 on its first and only reading, as amended. Page 10 of 15 — 10/23/2006 City Manager Bill Eisen stated this item is a follow-up of an issue raised by Council when the speed limit for FM 1128 was being reviewed. Per Council request, TxDOT has performed a study on the area and has recommended the speed limit be reduced from 55 mph to 50mph with the school zone being 35 mph. Councilmember Cole asked why the speed limit in the school zone would not be lowered from 35 mph to 30 mph. City Engineer Doug Kneupper stated this follows the guideline that for an area with a posted speed limit of 55 mph, the school zone may have a decrease of 20 mph; areas with 50 mph or less as the posted speed limit may have a 15 mph decrease in the school zone. Councilmember Saboe asked what would be the repercussion of reducing the speed limit more than 15 mph in the school zone. City Attorney Darrin Coker stated if a person was ticketed the citation could be challenged in court and the violation could be invalid. Discussion ensued between Council, City Manager Bill Eisen, City Attorney Darrin Coker, and City Engineer Doug Kneupper regarding the Ordinance. City Attorney Darrin Coker stated nothing in the law prohibits the City from posting a speed limit that is lower than 35 mph and violators could be ticketed. The risk is that the violators could challenge the citation. He does feel however, the potential of saving a life outweighs the risk of having a violation ticket challenged in court. Councilmember Cole made the motion, seconded by Councilmember Saboe, to amend Ordinance No. 1308 to reflect a 30 mph posted speed limit in school zones. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. Page 11 of 15 — 10/23/2006 FIRST AND ONLY READING OF ORDINANCE NO. 1309 — 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 Cole, to approve Ordinance No. 1309 on its first and only reading. City Manager Bill Eisen stated this item is a speed limit change based on a traffic study done by TxDOT. Discussion ensued between Council, City Manager Bill Eisen, and Cit Engineer Doug Kneupper regarding the Ordinance. Councilmember Saboe stated he has debated with the prior Assistant City Manager whether people would drive the posted speed limit or drive the speed they want to drive. He feels there is a slippery slope on how something is enforced. He feels the City need to be careful when deciding what posted speeds should be and what the expected way people traveling the road will be. Councilmember Cole stated this is a good move; unlike FM 518 or SH 35, the City is limiting access to verify the curve cuts line up properly and limit the amount of cross- overs. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-172 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING CONSTRUCTION BIDS, A CONSTRUCTION MANAGEMENT/INSPECTION SERVICES CONTRACT, AND A MATERIALS TESTING SERVICES CONTRACT ASSOCIATED WITH THE SH 35 SEWER PROJECT. Mr. Bill Eisen, City Manager. Councilmember Beckman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-172. After discussion, Resolution R2006-172 was tabled. Page 12 of 15— 10/23/2006 City Manager Bill Eisen stated this item contains multiple contracts for construction and construction management pertaining to the SH 35 Sewer Project. The estimated cost for the project was a little over $4 million with $1.8 million of that coming from the developer. The money was transferred into the capital fund several years ago. There is not adequate funding for this project in the fund and to reach the funding either another project would need to be deferred to another time or new bonds would need to be sold early next year. Councilmember Cole asked why several contracts were included on one agenda item. City Attorney Darrin Coker stated this was done to try and consolidate the items for Council. If Council does not wish to approve an individual contract, they can amend the motion to remove the individual contract. Councilmember Cole stated he is bothered when the City's Consultant was the low bidder. He asked if the consultant's first numbers were wrong or what were the issues behind not having the correct funding. He would like to table the item until he receives more information on the particular contracts. Discussion ensued between Council and Assistant City Manager Nick Finan regarding the Resolution. Councilmember Kyle made the motion, seconded by Councilmember Cole, to table Resolution No. R2006-172 until Council receives more information. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion tabled 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-173 — 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 ARCHITECTURAL SERVICES ASSOCIATED WITH THE ANTICIPATED 2007 BOND ELECTION. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Cole, to approve Resolution No. R2006-173. City Manager Bill Eisen stated this item relates to the anticipated Bond Election next May. There is an agreement with Tackett Lodholz Architects, Inc. for preliminary architectural services to develop a cost estimate to be considered by Council. Councilmember Beckman stated whenever the City builds anything, it should be Page 13 of 15 — 10/23/2006 considered to build green. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-178 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR MATERIALS ASSOCIATED WITH THE SHERWOOD DRAINAGE DITCH PROJECT. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-178. City Manager Bill Eisen stated this item is a bid for a project that was originally scheduled for the previous year, but for various reasons did not get completed. Councilmember Cole stated he understands that this was a project from last year, but with recent flooding issues, is filling in a drainage ditch going to cause any drainage loses. Public Works Director Danny Cameron stated according to calculations, no drainage will be lost. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1311— AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, GRANTING A VARIANCE REQUEST FOR THE ISSUANCE OF A BUILDING PERMIT PRIOR TO THE COMPLETION OF THE PUBLIC INFRASTRUCTURE. Mr. Nick Finan, Assistant City Manager. Passed to a future agenda, no action taken by Council. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 10:13 p.m. to discuss the following: Page 14 of 15 — 10/23/2006 EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. 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 11:46 p.m. COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. City Council. No action taken by Council. /c1*16111A01i'ii�-11,111 Meeting was adjourned at 11:47 p.m. Minutes approved as submitted and/or corrected this the 13th day of November, A.D., 2006. ATTEST: ,ing • i-IArW / c Tom Reid Mayor Page 15 of 15- 10/23/2006 THIS PAGE LEFT BLANK INTENTIONALLY