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2006-11-27 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 27, 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 8:25 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Richard Tetens Kevin Cole Felicia Kyle Steve Saboe Bill Eisen Darrin Coker Young Lorfing Absent: Councilmember Helen Beckman Others in attendance: Jon Branson Parks and Recreation Director; Danny Cameron Public Works Director; Roland Garcia Interim Fire Marshal; Doug Kneupper City Engineer; J.C. Doyle Police Chief; Trent Epperson Project Director; Nick Finan Assistant City Manager; Mike Hodge Assistant City Manager; Lata Krishnarao Planning Director; Claire Manthei Finance Director; Jeff Sundseth EMS Operations Director. 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 November 14, he attended the Chamber Event at the Pearland State Bank and the Exchange Club Annual Banquet; November 15, attended the Chamber Monthly Business Luncheon, the Brazoria County Tax Abatement Committee Meeting, the Brazoria County Cities Association Monthly Meeting, and helped with the Ground Breaking for the Shadow Creek Ranch Town Center; November 16, attended the Chamber Leadership Council Meeting, the City of Pearland Annual Thanksgiving Dinner, the Gulf Coast Water Authority Board of Directors Meeting, and the Keep Pearland Beautiful Annual Awards Banquet; November 17, joined the Seniors at the Knapp Center for Thanksgiving Dinner; November 18, spoke at the South Corrigan End of Drainage Project Barbecue; November 20, attended the Agenda Meeting, the City Audit Committee Meeting, Council Workshop and Public Hearings; November 21, attended the Houston Galveston Area Council Board of Directors Meeting, the Gulf Coast Water Work Association Thanksgiving Dinner Meeting, and Chaired the Pearland Area Citizens Corps Board of Directors Meeting; November 27, joined City Manager Bill Eisen for the Employee of the Year Awards Dinner. Page 1 of 11 — 11/27/2006 David Steadman, President, Economic Alliance for Brazoria County addressed Council and stated everyone in Brazoria County is working together and planning well for the future. Economic Development in Brazoria County is at a cross road, which is evident by the political make-up of the Commissioners Court. The entire County, especially Northern Brazoria County, is going through cultural and geographical changes that are transforming everything. He commends the City of Pearland for the efforts it has taken to plan for future growth. He feels the City needs to move forward on Economic Incentives and broaden the tax base to provide the lifestyle the citizens need and deserve. The City of Pearland needs to exert its influence on Brazoria County. It is important to educate the citizens of Pearland of the fact that they are part of Brazoria County and Harris County is not going to take care of the needs of the City. Mr. Steadman continued with an update on current advances in Brazoria County. COUNCIL ACTIVITY REPORTS Councilmembers Saboe, Kyle, and Cole passed on giving a report. Councilmember Beckman was absent. Mayor Pro -Tem Tetens reported he is a member of the Clear Creek Steering Committee and hoped to see a report from the Corp of Engineers of what was approved on the Clear Creek Project. At the meeting, it was said that the report will not be finalized until January or February of 2007. Mayor Reid stated Thursday, November 30, 2006, the City will have the Christmas Tree Lighting and Saturday, December 2, 2006, will be the Holiday Parade. CITY MANAGER'S REPORT City Manager Bill Eisen passed on giving a report. CITIZENS: None. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the November 6, 2006, Special Meeting held at 6:00 p.m. Page 2 of 11 — 11/27/2006 2. Minutes of the November 13, 2006, Regular Meeting held at 7:30 p.m. 3. Minutes of the November 20, 2006, Special Meeting held at 6:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1315 — 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. C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-201 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING CONTINUED PARTICIPATION IN THE VICTIMS ASSISTANCE GRANT THROUGH THE OFFICE OF THE ATTORNEY GENERAL. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Kyle, to adopt Consent Agenda Items A through C as presented on the Consent Agenda. Voting "Aye" Councilmembers Saboe, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. NEW BUSINESS FIRST READING OF ORDINANCE NO. 2000M-22 — 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. 2006-32Z), FROM SINGLE FAMILY RESIDENTIAL — 3 DISTRICT (R-3) TO PLANNED DEVELOPMENT Page 3 of 11 — 11/27/2006 DISTRICT (PD), AT THE REQUEST OF GC ENGINEERING, INC., APPLICANT FOR MUTHALALY INVESTMENTS 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. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 2000M-22 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. 2006-32Z. City Manager Bill Eisen stated the property is located immediately behind Home Depot on the west side of the city. The developer has indicated he intends to have certain specified use locations on the property such as a daycare or private school as well as mixed-use office and retail. Councilmember Saboe asked if once the approval and development is established, is there a plan for recurring maintenance with the developer. City Manager Bill Eisen stated as far as on-going maintenance, there is not a plan for developer involvement. Mayor Pro -Tem Tetens asked what is the strip of land between Home Depot and the property. City Manager Bill Eisen stated that strip of land is a detention pond. Brief discussion ensued between Council, City Attorney Darrin Coker, Assistant City Manager Nick Finan regarding the Ordinance. Mayor Pro -Tem Tetens stated he would like more information regarding the property prior to the second reading of the Ordinance. Voting "Aye" Councilmembers Saboe, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION — RESOLUTION NO. R2006-202 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE SUBMISSION OF A PASS-THROUGH FINANCING APPLICATION TO THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE EXPANSION OF CULLEN PARKWAY FROM FM 518 TO BELTWAY 8. Mr. Bill Eisen, City Manager. Page 4 of 11 — 11/27/2006 Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Resolution No. R2006-202, as amended. City Manager Bill Eisen stated this item is the authorization to submit the application for financing for the expansion of Cullen Parkway. Based on previous Council input, an additional "whereas" clause needs to be added to the contract. Also, the word "Council" should be replaced with "City Manager" in the first section. City Attorney Darrin Coker stated the Ordinance would only need to be amended for the "whereas". Councilmember Kyle made the motion, seconded by Councilmember Cole, to amend Resolution No. R2006-202 to incorporate the language in the "whereas" provision as provided by Council. Voting "Aye" Councilmembers Cole, Kyle, Tetens, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Cole, Kyle, Tetens, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION — RESOLUTION NO. R2006-199 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A REIMBURSEMENT AGREEMENT WITH THE PINE HOLLOW HOMEOWNERS ASSOCIATION. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2006-199. Nancy Kazanecki, 3705 Pine Branch Drive, addressed Council and stated the Pine Hollow Homeowner's Association had reviewed and approved the contracts for R2006- 199 and R2006-200, with a few minor changes. City Manager Bill Eisen stated R2006-199 and R2006-200 reference agreements with the Pine Hollow Homeowner's Association which outline improvements in the subdivision and the reimbursement for those improvements to the City by the Homeowner's Association. Page 5 of 11 — 11/27/2006 Councilmember Kyle thanked the Pine Hollow Homeowner's Association for bringing this item to the City. She asked how the agreement would be structured with the third party and does the City assume all liabilities for issues pertaining to the contract. City Attorney Darrin Coker stated this item is just the consultant agreement. The contract with the contractor for the actual projects will be separate. Voting "Aye" Councilmembers Cole, Kyle, Tetens, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION — RESOLUTION NO. R2006-200 — 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 LENTZ ENGINEERING, FOR DESIGN SERVICES ASSOCIATED WITH THE PINE HOLLOW DRAINAGE IMPROVEMENT PROJECT. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2006-200. Voting "Aye" Councilmembers Cole, Kyle, Tetens, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION — RESOLUTION NO. R2006-195 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A PARADE ROUTE FOR THE YMCA's TRIATHLON. Mr. J.C. Doyle, Police Chief. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-195. After discussion, Resolution R2006-195 was tabled. Mayor Reid stated he is concerned about the parade route crossing FM 518 too often. Police Chief J.C. Doyle stated he does also have concerns about the parade crossing FM 518. Lieutenant Javier Caballero has reviewed the route and feels that with five motorcycle officers handling the traffic and pedestrian flow, the route will be successful. Page 6 of 11 — 11/27/2006 Mayor Reid stated that it may take a long time for the bicyclist to cross FM 518 one at a time. Police Chief J.C. Doyle stated he is not sure how it will be handled. The traffic on FM 518 can't be stopped for one cyclist. This route had to come before Council because it is not one of the six approved parade routes. Discussion ensued between Council, Mayor Reid, and Police Chief J.C. Doyle regarding the Resolution. Councilmember Cole asked if this is something that could be tabled until further information and a better action plan could be given to Council. Councilmember Cole made the motion, seconded by Councilmember Saboe, to table Resolution R2006-195. Voting "Aye" Councilmembers Cole, Kyle, Tetens, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION — RESOLUTION NO. R2006-196 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE SHADOW CREEK RANCH NATURE PARK PARKING LOT PROJECT. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2006-196. City Manager Bill Eisen stated this item relates to construction of a parking lot for the Shadow Creek Ranch Nature Park. The Nature Park has been completed for a while and is now ready to proceed with the construction of the parking lot. Councilmember Cole asked if the City is familiar with the contractor. City Manager Bill Eisen stated he is not familiar with the contractor. Councilmember Cole stated he is curious because there were three bids and the selected firm is significantly lower than the others. Brief discussion ensued between Council and City Manager Bill Eisen regarding the Resolution. Page 7 of 11 — 11/27/2006 City Engineer Doug Kneupper stated he is not familiar with the contractor, but the references were checked and approved. Voting "Aye" Councilmembers Saboe, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION — RESOLUTION NO. R2006-197 — 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 FLATIRONS ENGINEERING, INC. FOR DESIGN SERVICES ASSOCIATED WITH THE SCADA EXPANSION PROJECT. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-197. City Manager Bill Eisen stated many of the wastewater facilities are on a SCADA system which is an electronic monitoring and controlling system. This item would add four different well locations to the SCADA system. The company is Flatirons Engineering, Inc. and the estimated amount is consistent with the budgeted amount. Voting "Aye" Councilmembers Cole, Kyle, Tetens, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION — RESOLUTION 2006-172 — 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 CONTRACT ASSOCIATED WITH THE SH 35 SEWER PROJECT. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2006-172, as amended. City Manager Bill Eisen stated this item was tabled at a previous meeting for further investigation and clarification on funding and possible sub -contracting with different services. The additional funding source would be included into a Water and Sewer Writing Bond issue taking place next year. The sub -contracting would be handled through professional services. Page 8 of 11 — 11/27/2006 Councilmember Saboe stated he does not feel the wording of the description of the project is clear. He asked if the cause for the over -run was material construction change or additional scope. Public Works Director Danny Cameron stated the cause was material construction change. Brief discussion ensued between Council, Public Works Director Danny Cameron and Project Director Trent Epperson regarding the Resolution. City Attorney Darrin Coker stated this item includes two bids being awarded for a larger and smaller project. Both of these projects have some right-of-way that still needs to be acquired by the City. Condemnations have been filed but may not be heard until mid January. Councilmember Kyle asked, with these issues, is there any potential exposure for the City if the bids are awarded prior to getting the condemnation. City Attorney Darrin Coker stated he is not positive what exposures the City will be open to if the bids are approved at this meeting. Discussion ensued between Council, City Attorney Darrin Coker, and Project Director Trent Epperson regarding the Resolution. Councilmember Saboe made the motion, seconded by Councilmember Kyle, to amend Resolution R2006-172 to include the provision of a written statement from both contractors with regard to their intent of commencing work prior to awarding the contract and a letter of assurance they will not file a delay claim associated with the land acquisition. Voting "Aye" Councilmembers Cole, Kyle, Tetens, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Cole, Kyle, Tetens, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. Page 9 of 11 — 11/27/2006 COUNCIL ACTION - RESOLUTION NO. R2006-198 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN AMENDED ENGINEERING CONTRACT WITH G C ENGINEERING, INC. FOR DESIGN SERVICES ASSOCIATED WITH THE ORANGE STREET PROJECT. Mr. Trent Epperson, Project Director. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-198. City Manager Bill Eisen stated it has been a common practice of the City to award additional services at the time an Engineering Contract is awarded. When this contract was awarded, the additional services were not included and the price of the contract will need to increase by $46,079 to compensate for the additional services. Voting "Aye" Councilmembers Saboe, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:40 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.087 - CONSULTATION WITH CITY ATTORNEY - REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Mr. Bill Eisen, City Manager. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:50 p.m. COUNCIL ACTION - REGARDING ECONOMIC DEVELOPMENT INCENTIVES. City Council No action taken by Council. ADJOURNMENT Meeting was adjourned at 11:51 p.m. Page 10 of 11 - 11 /27/2006 Minutes approved as submitted and/or corrected this the 11th day of December, A.D., 2006. ATTEST: %"" W-Mwlpo - WRI Tom Reid Mayor Page 11 of 11 — 11 /27/2006 THIS PAGE LEFT BLANK INTENTIONALLY