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2007-10-08 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, OCTOBER 8, 2007, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:00 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Steve Saboe Councilmember Woody Owens Councilmember Helen Beckman Councilmember Kevin Cole Assistant City Manager Mike Hodge City Attorney Darrin Coker City Secretary Young Lorfing Absent: Councilmember Felicia Kyle. Others in attendance: Nick Finan Assistant City Manager; Pat Riffel Municipal Court Administrator; Meg McNulty Utility Billing Services Supervisor; June Ellis Budget Officer. The invocation was given by Pastor Harold Gentry of the Pearland Ministerial Alliance and the Pledge of Allegiance was led by Parks and Recreation Director Jon Branson. MAYOR'S ACTIVITY REPORT Pastor Harold Gentry, Pearland Ministerial Alliance, stated the Ministerial Alliance is focusing on bringing more unity between the churches, community and leadership of the City of Pearland. There will be a march held Saturday, October 13, 2007, to demonstrate the Ministerial Alliance is ready to be a part of the community and leadership of the City and not just a closed door on Sunday morning. Chuck Davis, C.L. Davis & Company, stated his company has been serving the City of Pearland for 20 years. He is very proud to be part of Pearland and the growth over the last years. One of his favorite quotes from John Hargrove, formerly in the City's Engineering Department, was "bring me a solution and not a problem." Mayor Reid and Mayor Pro -Tem Saboe presented a proclamation to Parks and Recreation Director Jon Branson, Michelle Smith Parks and Recreation Superintendent, Recreation Specialist Julie Diaz, Parks and Recreation Secretary Karen Fitsch, and Parks and Recreation Office Coordinator Randi Wyatt proclaiming October 21 — 27, 2007, as "Character Counts Week." Page 1 of 15 — 10/8/2007 Mayor Reid presented a Certificate of Appreciation to Municipal Court Administrator Pat Riffel for representing Pearland and providing support to the Texas Municipal Courts Education Center. Mayor Reid and Assistant City Manager Nick Finan presented a Distinguished Service Award to Pat Riffel from the Texas Court Clerks Association. COUNCIL ACTIVITY REPORTS Councilmember Owens and Beckman passed on giving a report Mayor Pro -Tem Saboe stated he received an email from a concerned citizen stating they were concerned that City Council would be banning prayer at the beginning of the City Council Meeting. He responded by saying there have been no discussions regarding this and he is proud that the City Council performs a prayer before each meeting. Mayor Reid stated as long as he is the Mayor of Pearland, there will be a prayer at the City Council Meetings. Councilmember Kyle was absent. Councilmember Cole stated that a month from Saturday, October 11, 2007, there is an election regarding several proposed Constitutional Amendments and encouraged everyone to vote. CITY MANAGER'S REPORT Assistant City Manager Mike Hodge reported the packet did not include a report on current projects to allow Council time to complete scheduled Board and Commissions interviews. The information will be included in a future packet. CITIZENS Nancy Kozanecki, 3705 Pine Branch Drive, addressed Council and stated she is present to discuss the Child Safety Fund. This fund gives $1 from each vehicle registration that can be used in various types of ways. Brazoria County is one of the few Counties that does not participate in this fund. This program has to be approved by the Brazoria County Commissioners Court, but has been on their agenda every year but has never been approved. It is time for the City of Pearland to research this fund to determine if it is something the City should support. Taylor Lake Village City Councilmember Larry Tobin stated they have used the Child Safety Fund for several items but most recently it was used to install crossing flashing lights for the school on Kirby Drive. The funds can also be used for playground equipment or road striping and is a great fund to use for specific purposes. Page 2 of 15 — 10/8/2007 DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the August 27, 2007, Regular Meeting held at 7:30 p.m. 2. Minutes of the September 4, 2007, Public Hearing (Budget) held at 6:30 p.m. 3. Minutes of the September 4, 2007, Public Hearing (Tax Rate) held at 6:30 p.m. 4. Minutes of the September 4, 2007, Regular Meeting held at 7:30 p.m. 5. Minutes of the September 10, 2007, Regular Meeting held at 7:30 p.m. 6. Minutes of the September 17, 2007, Special Meeting held at 6:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE REAPPOINTMENT OF ROBERT (BOB) CAMPBELL TO SERVE IN POSITION NO. 4 ON THE BUILDING / FIRE CODE BOARD OF ADJUSTMENTS FOR A 5 -YEAR TERM EXPIRING NOVEMBER 1, 2012. Mayor Tom Reid. C. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE REAPPOINTMENT OF CHARLIE MICHNA TO SERVE IN POSITION NO. 4 ON THE ELECTRICAL BOARD FOR A 2 -YEAR TERM EXPIRING NOVEMBER 1, 2009. Mayor Tom Reid. D. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE REAPPOINTMENT OF DEBBIE SCHIELKE, POSITION NO. 1, AND MATTIE CULVER, POSITION NO. 2, TO SERVE ON THE CHANNEL REVIEW BOARD FOR A 3 -YEAR TERM EXPIRING NOVEMBER 1, 2010. Mayor Tom Reid. E. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE REAPPOINTMENT OF HAROLD GENTRY TO SERVE IN POSITION NO. 3 ON THE HEALTH FACILITIES DEVELOPMENT CORPORATION FOR A 2 -YEAR TERM EXPIRING NOVEMBER 1, 2009. Mayor Tom Reid. Page 3 of 15 — 10/8/2007 F. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE REAPPOINTMENT OF JOSEPH B. MILLER, POSITION NO. 1, AND LAURA AUSTIN, POSITION NO. 4, TO SERVE ON THE PARKS AND RECREATION BOARD FOR A 3 -YEAR TERM EXPIRING NOVEMBER 1, 2010. Mayor Tom Reid. G. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE REAPPOINTMENT OF DR. CATHERINE O'BRIEN TO SERVE IN POSITION NO. 7 ON THE LIBRARY BOARD FOR A 3 -YEAR TERM EXPIRING NOVEMBER 1, 2010. Mayor Tom Reid. H. CONSIDERATION AND POSSIBLE ACTION — RATIFICATION OF THE CITY MANAGER'S REAPPOINTMENT OF PHIL CESSAC, POSITION NO. 1, TO SERVE ON THE CIVIL SERVICE COMMISSION FOR A 3 -YEAR TERM EXPIRING NOVEMBER 1, 2010. Mr. Bill Eisen, City Manager. I. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-155 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING THE FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR FISCAL YEAR 2008 THROUGH FISCAL YEAR 2012. Mr. Bill Eisen, City Manager. J. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-158 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING INTENTION TO REIMBURSE PROJECT EXPENDITURES. Mr. Bill Eisen, City Manager. K. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-157 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN AMENDMENT TO THE ADVANCED FUNDING AGREEMENT WITH THE STATE OF TEXAS FOR IMPROVEMENTS TO DIXIE FARM ROAD. Mr. Trent Epperson, Project Director. L. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-152 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, NOMINATING A CANDIDATE FOR A POSITION OF THE BOARD OF DIRECTORS OF THE BRAZORIA COUNTY APPRAISAL DISTRICT. Mr. Bill Eisen, City Manager. Page 4 of 15 — 10/8/2007 M. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-164 — 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. Jeffrey Sundseth, EMS Operations Director. N. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-163 — 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 AN AMBULANCE. Mr. Jeffrey Sundseth, EMS Operations Director. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Saboe, to adopt Consent Agenda Items A through N as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Beckman, Saboe, and Cole Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. NEW BUSINESS FIRST READING OF ORDINANCE NO. 2000-T-5 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SELECTED PROVISIONS OF THE UNIFIED DEVELOPMENT CODE OF THE CITY; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Nick Finan, Assistant City Manager. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Saboe, to approve Ordinance No. 2000-T-5 on its first reading as amended. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Ordinance 2000-T-5, as amended. Assistant City Manager Mike Hodge stated this item pertains to amendments to the Unified Development Code. Council has reviewed and discussed these amendments on several occasions and they were unanimously approved by the Planning and Zoning Commission. Staff has added a spacing requirement between multi -tenant and multi- user signs within the same lot. Page 5 of 15 — 10/8/2007 Mayor Pro -Tem Saboe asked, with regard to the section on multi -tenant and multi-user signs, what process would require a Conditional Use Permit. Assistant City Manager Nick Finan stated it is his understanding that Council did not want to require a Conditional Use Permit and would need to strike the language from what the Planning and Zoning Commission approved. There would still be a requirement for a Conditional Use Permit for any sign above 24 -feet. Mayor Pro -Tem Saboe asked if it would just require the language "upon approval of a Conditional Use Permit" City Attorney Darrin Coker stated this would be the language that would need to be removed. Mayor Pro -Tem Saboe stated the intent of removing this language is to prevent smaller zoning items from being required to submit a Conditional Use Permit and get Council approval. Mayor Pro -Tem Saboe made the motion, seconded by Councilmember Cole, to amend Ordinance 2000-T-5 by striking the phrase in section 4.2.5.4 Section (a) section (2) line 2 upon approval of a Conditional Use Permit. Voting "Aye" Councilmembers Cole, Saboe, Beckman, and Owens Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. Mayor Reid called for a vote on the amended motion. Voting "Aye" Councilmembers Cole, Saboe, Beckman, and Owens Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. FIRST READING OF ORDINANCE NO. 2000M-40 — 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 10.01 ACRES OF LAND, TRACTS 1 — 1D, ABSTRACT 198, T J GREEN SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF PEARLAND PARKWAY, AND ON THE SOUTH SIDE OF BARRY ROSE ROAD), (ZONE CHANGE APPLICATION NO. 2007-13Z), Page 6 of 15 — 10/8/2007 FROM SINGLE FAMILY RESIDENTIAL — 2 DISTRICT (R-2) AND GENERAL BUSINESS RETAIL DISTRICT (GB) TO OFFICE AND PROFESSIONAL DISTRICT (OP), AT THE REQUEST OF NEW LIFE LUTHERAN CHURCH, APPLICANT FOR ROBERT ALEXANDER AND TOM ALEXANDER, OWNERS, 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 Mayor Pro -Tem Saboe made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 2000M-40 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. 2007-13Z. Assistant City Manager Mike Hodge stated a Joint Public Hearing was held on this item to rezone 20 -acres of property from Residential R-2 and General Business GB to Office and Professional District. Milton M. Thomas, 3610 Parkside Drive, addressed Council and stated he represents members of New Life Lutheran Church. The church is located north of FM 518 between Old Alvin Road and SH 35. Saint Stevens and the former King of Glory formed New Life Lutheran Church. There are 600 members with approximately 75% of them residing in Pearland. The Church has been involved in a number of projects in the community since 1969. They are requesting the rezoning to support continued growth and to strengthen the church. John Gestl, 2423 Dixie Woods Drive, addressed Council and stated the argument regarding development causing the loss of property value is often made but not proven or documented. There has been no appraisal from a licensed appraiser supporting the loss of property value in the surrounding area if this rezoning takes place. The City of Pearland has been a zoned city for more than 30 years; placing the more restrictive zoning categories next to residential area to protect their property value. Office Professional Zoning is one of the more restrictive zoning categories and is in line with established Pearland guidelines. This rezoning would add more open space and detention which would be an amenity for homeowners in the area. This rezoning would improve the property value of the surrounding area in many ways. Fred Pfaff, 10143 Torrington Lane, Houston, addressed Council and stated the rezoning of this property will not affect traffic in any of the surrounding areas provided the City does not require the connection of the tract to any surrounding streets. Richard Voorhies, 2006 Westminister Drive, addressed Council and stated he is a resident of Banbury Crossing and has no objection to the zoning change. He has a letter from another resident of Banbury Crossing who also has no objection to the rezoning and feels the change would provide certain amenities to the surrounding residential area. Page 7 of 15 — 10/8/2007 Steve Kenney, 2116 Tower Bridge Road, addressed Council and stated he is opposed to the rezoning of this property. The requested rezoning is only for 10 -acres not all 20 - acres and there are no requirements for the rezoning to expand the church. The rezoning is only being requested to allow the church to make more money on an investment. He has a petition or statement of opposition signed by most of the residents on Tower Bridge Road and they intend to continue to solicit support against this rezoning. He stated the residents are not opposed to a church being built; they are opposed to the property being commercialized. Allison Porter, 2106 Tower Bridge Road, addressed Council and stated she is opposed to the commercialization of the property behind her home. She has young children that attend the elementary school on the other side of Barry Rose Road. Her children have to walk to and from school in this area and there will be no one to protect their children in a commercial area. Johnie Holland, 2110 Eton Drive, addressed Council and stated he is a resident of Banbury Crossing and he would like to read into the record a letter from from Dr. Orsak M. D.: 10/08/07 To Whom It May Concern: From: Glenn Orsak, MD Re: Property on Barry Rose Road I am a Family Physician at Pearland Family Medicine who is interested in expanding my clinic. I am currently looking at the office professional property on Barry Rose Road as the possible expansion site. If you have any questions, please feel free to contact me. Thank you Glenn Orsak, MD Councilmember Beckman stated due to conflict of interest she will not comment or vote on this issue. Councilmember Saboe asked Johnie Holland if the church is planning on selling the property or developing the property itself. Johnie Holland stated the plan is to keep control of the property. The church will not be the developer but is going to sell the property to several medical facilities. Page 8 of 15 — 10/8/2007 Dave Miller, Prudential Gary Green, addressed Council and stated he has been helping develop Pearland for quite a few years. Until they are able to meet with all the potential companies, they are unable to state what will be located at the site. The church wants to maintain control of who its neighbors are and will keep this in mind when deciding who to sell the property to. Mayor Pro -Tem Saboe stated there are a lot of factors in this decision. He understands the word control, but as the elected body charged with truly controlling the development of the City, the Zoning application is the only way to do this. Many times the Council has taken proposed plans in good faith but has had trouble doing this in the past. The church will have no control over the property once it is sold. He feels this development would be good for the property values in the area, but with all the other factors he feels there needs to be more planning or set expectations for the development before he can approve this rezoning. Councilmember Cole stated he agrees with Mayor Pro -Tem Saboe and feels the zoning map in this area needs to be improved. He also feels the church would not have any control over the property's development once it is sold. Councilmember Owens stated the size of the property would make it difficult to develop for residential purposes and that would cause more traffic problems than any other zoning. He doesn't feel this property will ever develop into a residential area, but feels that the property would be good for what the church is proposing if the plan was more concrete. Reverend Brian K. Gigee, New Life Lutheran Church, stated he feels confident that the church will achieve a plan that will benefit both the church and the surrounding residential areas. Discussion ensued between Council, Assistant City Manager Nick Finan, and Reverend Brian K. Gigee regarding the proposed zoning. Voting "Aye" None. Voting "No" Owens, Saboe and Cole. Voting "Abstain" Councilmember Beckman Motion Failed 0 to 3, with one abstention and Councilmember Kyle absent. Mayor Reid called for a recess at 9:10 p.m. Mayor Reid called the meeting back to order at 9:20 p.m. Page 9 of 15 — 10/8/2007 Mayor Reid, with concurrence of Council, moved to New Business Item No. 8, Resolution No. R2007-161. COUNCIL ACTION — RESOLUTION NO. R2007-161 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A PARADE ROUTE FOR THE COCKRELL ELEMENTARY PTA FUN RUN, Mr. J.C. Doyle, Police Chief. Councilmember Cole made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2007-161. Assistant City Manager Mike Hodge stated the proposed route for this event is not an approved parade route and therefore needs to be approved by Council. Assistant Police Chief Johnny Spires stated the Police Department has no objection to this route. Voting "Aye" Councilmembers Cole, Saboe, Beckman, and Owens Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. Mayor Reid, with concurrence Council, moved back to New Business Item No. 3, Resolution No. R2007-126. COUNCIL ACTION — RESOLUTION NO. R2007-126 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE PEARLAND INDEPENDENT SCHOOL DISTRICT FOR A JOINT USE SWIMMING FACILITY. Mr. Jon Branson, Director of Parks and Recreation. Councilmember Owens made the motion, seconded by Councilmember Cole, to approve Resolution No. R2007-126 as amended. Juan Caraveo, 4504 Brazos Bend Drive, addressed Council and stated he represents approximately 800 swimmers in the Pearland area that are excited about this item being passed. Kelly Moody 3708 Pine Bark Court, addressed Council and stated she has been involved in getting a pool in Pearland for a long time and is excited to see it finally coming around. Assistant City Manager Mike Hodge stated this item is an interlocal agreement with Pearland Independent School District that has been the subject of three prior Council Workshops. Page 10 of 15 — 10/8/2007 Darrin Coker stated Councilmember Kyle asked him to speak on her behalf regarding this item. She is in support of the interlocal agreement and wants to move forward with the facility. Councilmember Kyle has several concerns regarding the agreement: she is concerned with the naming rights, the aquatic manager cost being an 80% / 20% split, and the participation from Pearland Independent School District being set at $15,000 in the agreement. Also, Section XIII under Term the second sentence states "Should the Agreement be terminated during the Initial Term, the City shall refund (1) the District's investment in the cost of construction on a prorated basis, equal to $140,000 per year for the remainder of the Initial Term, and (2) the value of the land at the time construction began". This sentence needs to be changed to state if the agreement is terminated at the request of the City. Parks and Recreation Director Jon Branson stated there are two major issues with the agreement. One issue is the naming rights; in reality, he doesn't feel the City will be able to secure a substantial naming right. If Pearland Independent School District can do this, then it is a winning situation for both parties. The other issue is the $25,000 recommended for basic maintenance and operation of the building. This is because the Pearland Independent School District Board does not take action on any item less than this amount and it states in the agreement the City is responsible for basic maintenance and operations. Discussion ensued between Council, City Attorney Darrin Coker, and Parks and Recreation Director regarding the agreement. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Saboe, to amend Resolution No. R2007-126 to strike "The land is valued at $2.00 per square foot, and/or about $609,840 from Section X and add "the agreement is terminated at the request of the City" to Section XIII. Voting "Aye" Councilmembers Owens, Beckman, Saboe, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. Mayor Reid called for a vote on the amended motion. Voting "Aye" Councilmembers Owens, Beckman, Saboe, and Cole. Voting "No" None. Page 11 of 15 — 10/8/2007 Motion Passed 4 to 0, with Councilmember Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2007-159 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RELATING TO APPROVAL OF TAXATION OF GOODS -IN -TRANSIT THAT ARE OTHERWISE EXEMPTED FROM TAXATION BY PROPERTY TAX CODE SECTION 11.253. Mr. Bill Eisen, City Manager. Councilmember Beckman made the motion, seconded by Councilmember Mayor Pro - Tem Saboe, to approve Resolution No. R2007-159. Assistant City Manager Mike Hodge stated this item was the topic of the earlier Public Hearing. Voting "Aye" Councilmembers Cole, Saboe, Beckman, and Owens Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2007-154 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A LICENSE WITH T -MOBILE WEST CORPORATION. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Saboe made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2007-154. City Attorney Darrin Coker stated this item has been the subject of a previous Council Workshop. This is a license agreement with T -mobile with a 10 -year term. He does recommend that the approval be contingent upon the review of a structural analysis that is currently being prepared by T -Mobile. Voting "Aye" Councilmembers Owens, Beckman, Saboe, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2007-162 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT AND AN AMENDED MEMORANDUM OF UNDERSTANDING WITH BRAZORIA DRAINAGE DISTRICT NO. 4. Mr. Mike Hodge, Assistant City Manager. Page 12 of 15 — 10/8/2007 Councilmember Cole made the motion, seconded by Mayor Pro -Tem Saboe, to approve Resolution No. R2007-162. Assistant City Manager Mike Hodge stated this item is an amended Memorandum of Understanding and an Interlocal Agreement with Brazoria County Drainage District No. 4. It includes several detention ponds and drainage channels the City is looking at constructing. The agreements are similar to agreements in the past. Voting "Aye" Councilmembers Cole, Saboe, Beckman, and Owens Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2007-145 — 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 CREDIT CARD PAYMENT SERVICES. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Saboe, to approve Resolution No. R2007-145. Assistant City Manager Mike Hodge stated this item allows the City's customers to pay their utility bills on line using a credit card. Councilmember Beckman asked if this includes court fines. Finance Director Claire Manthei stated the Court has budgeted this in a separate item because they use different software than Utility Billing. Voting "Aye" Councilmembers Owens, Beckman, Saboe, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2007-160 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES ASSOCIATED WITH THE KIRBY WATER PLANT. Mr. Trent Epperson, Project Director. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Saboe, to approve Resolution No. R2007-160. Page 13 of 15 — 10/8/2007 Assistant City Manager Mike Hodge stated this item allows Staff to enter into a contract with Jones and Carter for Construction Management and Inspection Services associated with the Kirby Water Plant. The cost of the contract is a little over $200,000. Voting "Aye" Councilmembers Cole, Saboe, Beckman, and Owens Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2007-156 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING BIDS FOR CONSTRUCTION OF THE KIRBY WATER PLANT AND TRANSMISSION LINE, AND AN ELEVATED STORAGE TANK TO SERVE THE KIRBY WATER PLANT. Mr. Trent Epperson, Project Director. Councilmember Beckman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2007-156. Assistant City Manager Mike Hodge stated this item is the award of two bids. The first is for the construction of the water plant and transmission lines. The second is for the construction of the elevated storage tank. Staff is recommending Council approve an alternate option of a concrete ground storage tank which increases the cost by $60,000, but will save maintenance cost in the future. Mayor Pro -Tem Saboe asked, with all cost, where does this project stand when compared to the budgeted amount. Project Director Trent Epperson stated the original budgeted amount was $7.84 million and with the award of these two projects and funds already spent the project is still under this amount. Councilmember Cole asked if Staff has really gone over each budget item since there is a large difference between the high and low bids. Ron Bavarian, Freese and Nichols, stated he has reviewed the bids and is comfortable with the firms selected. Voting "Aye" Councilmembers Cole, Saboe, Beckman, and Owens Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. Page 14 of 15 — 10/8/2007 OTHER BUSINESS: Mayor Reid stated since an Executive Session was held earlier this evening, Council will not conduct the Executive Session. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 — PERSONNEL MATTERS — REGARDING APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. Mayor Tom Reid. NEW BUSINESS (CONTINUED): COUNCIL ACTION — REGARDING APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. City Council. No action taken by Council. ADJOURNMENT Meeting was adjourned at 10:05 p.m. Minutes approved as submitted and/or corrected this the 22nd day of October, A.D., 2007. . ,k.EAa...gyo;,. ATT-, S-� . • ,i • C 4111 Iity Tom Reid Mayor Page 15 of 15 — 10/8/2007