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2008-12-08 CITY COUNCIL REGULAR MEETING MINUTES - 7:00PMMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, DECEMBER 8, 2008, AT 7:00 P.M., IN THE TEMPORARY MUNICIPAL COURT ROOM LOCATED AT THE CITY OF PEARLAND COMMUNITY CENTER, 3523 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:18 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Helen Beckman Woody Owens Steve Saboe Felicia Kyle Kevin Cole Bill Eisen Darrin Coker Young Lorfing Others in attendance: Jon Branson Parks and Recreation Director; Danny Cameron Public Works Director; Jack Colbath Director of Fire Services; J.C. Doyle Police Chief; Trent Epperson Project Director; Nick Finan Assistant City Manager; Mike Hodge Assistant City Manager; Narciso Lira City Engineer; Claire Bogard Finance Director; Teresa Battenfield Assistant Project Director; Bob Pearce Purchasing Officer. The invocation was given by Councilmember Saboe and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported November 26, he spoke at the Salute to a Veteran Home Transfer to Javier Negrete by Perry Homes and met with State Representative John Davis; December 1, he attended the Council Agenda Meeting, Council Workshops, and Council Special Meeting; December 2, he spoke at the Ground -Breaking for the Public Safety Building; December 3-5, he represented the H -GAC at the Quarterly Texas Association of Regional Council of Government in Austin, Texas; December 5, he welcomed citizens and lit the City Christmas Tree at the Pearland Town Center; December 6, spoke at the Scout Troop No. 460 Eagle Scout Court of Honor and rode in the City Christmas Parade; December 8, he attended the Justice of the Peace Office Christmas Open House Event. Mayor Reid, City Manager Bill Eisen, and Director of Parks and Recreation Jon Branson presented Irene Montoya, Parks and Recreation Senior Center Shuttle Bus Driver, with the Employee of the Quarter Award. Page 1 of 13 — 12/8/2008 — 7:00 p.m. Recognition of Part -Time Employee of the Year, Daniel Rodriguez, Part -Time Ball Field Attendant, Parks and Recreation Department. This item was passed. Mayor Reid, City Manager Bill Eisen, Finance Director Claire Bogard, and Information Technology Manager John Knight presented Theresa Gill, Computer Technician, Information Technology, and Paul Yeates, Network Administrator, Information Technology with the Employee of the Year Award. COUNCIL ACTIVITY REPORTS Councilmember Owens reported the Pearland Day in Austin will be in February 18, 2009, and he attended a meeting for Brazoria County Day in Austin, the world's largest shrimp boil where he serves as treasurer. Councilmember Saboe stated he would like to thank the various departments that participated in the recent holiday events. Mayor Pro -Tem Beckman stated she wanted to thank the Parks and Recreation Department for all their hard work at the Christmas Tree Lighting and the Parade and everyone who volunteered for the events. Councilmember Kyle stated this was the first time the tree lighting has been held at a different location other than City Hall and she would like to thank CBL and Associates, Inc. for their support of the event. The event was fun and had many activities for the citizens of Pearland. Ms. Kyle stated Tuesday, December 9, 2008, State Representative Elect Pete Olson will be in Pearland at Jake's Grill to invite people to provide their insight and thoughts and share his thoughts regarding the upcoming session. Councilmember Cole stated he feels the City should consider taking the Tree Lighting and events to the Town Center every year because of space and logistics. He stated the parade was very good and Staff did a wonderful job. On a sad note, the Pearland Oilers bid farewell to the play-offs Saturday but they had a great year. CITY MANAGER'S REPORT City Manager Bill Eisen stated he would like to congratulate the Parks and Recreation Department and others involved in the holiday events. He stated he would also like to thank all the City Staff for the great job they did in 2008. The City was confronted with unusual circumstances this year and all Staff responded in the best possible way without complaints. Page 2 of 13 — 12/8/2008 — 7:00 p.m. CITIZENS: None DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the November 24, 2008, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 2000CUP-25 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY, BEING THAT CERTAIN TRACT OR PARCEL OF LAND CONTAINING TRACT 1 WITH 15.0373 ACRES OUT OF KANAWHA- TEXAS COMPANY SUBDIVISION OF SECTIONS 18 & 22 (VOL. 2, PG 51 B.C.P.R) AND SECTION 18 H.T. & B. R.R. CO. SURVEY, A- 547, HOUSTON, HARRIS COUNTY, TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF PROPOSED MAGNOLIA ROAD AND EAST SIDE OF FM 1128 (MANVEL ROAD), (CONDITIONAL USE PERMIT APPLICATION NO. CUP2008-25), TO PERMIT HOSPITAL FACILITY IN OFFICE PROFESSIONAL (OP) ZONE), AT THE REQUEST OF MIKE POLLACK, APPLICANT FOR SIGNATURE EUBANKS, OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENRY. Mr. Mike Hodge, Assistant City Manager. C. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1372 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE AN EASEMENT FOR THE CONSTRUCTION OF ROAD, WATER, SEWER AND DRAINAGE IMPROVEMENTS 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, Page 3 of 13 — 12/8/2008 — 7:00 p.m. LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. D. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1371 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE AN EASEMENT FOR THE CONSTRUCTION OF ROAD, WATER, SEWER AND DRAINAGE IMPROVEMENTS 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 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. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Beckman, to adopt Consent Agenda Items A through D as presented on the Consent Agenda. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA: None NEW BUSINESS FIRST AND ONLY READING OF ORDINANCE NO. 2000M-58 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A ZONE CHANGE FOR CERTAIN REAL PROPERTY, BEING THAT CERTAIN TRACT OR PARCEL OF LAND CONTAINING TRACT 1 WITH 15.0373 ACRES AND TRACT 3 WITH 13.0933 ACRES OUT OF KANAWHA-TEXAS COMPANY SUBDIVISION OF SECTIONS 18 & 22 (VOL. 2, PG 51 B.C.P.R) AND SECTION 18 H.T. & B. R.R. CO. SURVEY, A-547, HOUSTON, HARRIS COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH AND NORTH SIDE OF PROPOSED MAGNOLIA ROAD AND EAST SIDE Page 4 of 13 — 12/8/2008 — 7:00 p.m. OF FM 1128 (MANVEL ROAD), (ZONE CHANGE APPLICATION NO. 16Z), FOR APPROVAL OF A CHANGE IN ZONING DISTRICT FROM CLASSIFICATION TOWNHOUSE RESIDENTIAL DISTRICT (TH) TO GENERAL BUSINESS RETAIL DISTRICT (GB) FOR 13.0933 ACRES LOCATED SOUTH OF PROPOSED MAGNOLIA ROAD, AND OFFICE PROFESSIONAL (OP) WITH A CONDITIONAL USE PERMIT (CUP) TO PERMIT A HOSPITAL FACILITY FOR 15.0375 ACRES LOCATED NORTH OF PROPOSED MAGNOLIA ROAD, AT THE REQUEST OF MIKE POLLACK, APPLICANT FOR SIGNATURE EUBANKS, OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENRY. Mr. Mike Hodge, Assistant City Manager. Councilmember Saboe made the motion, seconded by Councilmember Owens, to approve Ordinance No. 2000M-58 on its first and only reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 2008-16Z. City Manager Bill Eisen stated there are two action items on the agenda with regard to this application. The Conditional Use Permit was included on the Consent Agenda and was approved. This case is a change in zoning that would allow the intended use of a hospital facility. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2008-158 — 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 LINEBARGER, GOGGAN, BLAIR, & SAMPSON, LLP FOR COLLECTION SERVICES ASSOCIATED WITH DELINQUENT FINES AND FEES. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2008-158. Page 5 of 13 — 12/8/2008 — 7:00 p.m. City Manager Bill Eisen stated Council was provided with a report from the firm Linebarger, Goggan, Blair, & Sampson, LLP at a previous meeting regarding both collection services provided on delinquent fines and fees in the municipal court system and their efforts to collect delinquent taxes. Council previously approved an item for the extension of a contract for tax collection services. This item is for the extension of a contract pertaining to the collection services for delinquent fines and fees for the municipal court system and Staff is recommending Council's approval. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2008-163 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE CITY FACILITIES RESTORATION PROJECT. Mr. Trent Epperson, Project Director. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Resolution No. R2008-163 as amended. City Manager Bill Eisen stated the City suffered considerable damage to several buildings during Hurricane Ike and this item would complete the reconstruction of the buildings so they can once again be occupied by Staff. Assistant City Manager Mike Hodge stated the Resolution has an incorrect amount for the bid and will need to be corrected. Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Beckman, to amend Resolution No. R2008-163 to change the reflected contract amount from $1,541,881 to $1,553,563. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. Councilmember Cole asked if there was a timeframe for when the project will be completed. Page 6 of 13 — 12/8/2008 — 7:00 p.m. Project Director Trent Epperson stated the timeframe is five months to substantial completion and 180 days to final completion. Discussion ensued between Council, City Manager Bill Eisen, and Project Director Trent Epperson regarding the project. Mayor Reid called for a vote on the original motion as amended. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2008-161 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 1 ASSOCIATED WITH THE CITY FACILITIES RESTORATION PROJECT. Mr. Trent Epperson, Project Director. Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2008-161. City Manager Bill Eisen stated the City is currently under a contract with Allied Recovery Services for mold remediation services in the three City buildings that were damaged in Hurricane Ike. Additional mold contamination has been noticed in City Hall and this item approves the additional cost to complete the mold remediation. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2008-154 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DEDUCTING UNCOLLECTIBLE UTILITY ACCOUNTS FROM THE CITY'S FINANCIAL STATEMENT. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2008-154. City Manager Bill Eisen stated this item relates to some outstanding utility accounts in the Utility Billing Department with some dating back seven to eight years. Council is being asked to write these accounts off for the purpose of what shows on the City's Page 7 of 13 — 12/8/2008 — 7:00 p.m. books, however, collection efforts will not be stopped. Councilmember Saboe stated the uncollectible rate is written at .005% and he stated he wanted to verify this number was accurate. City Manager Bill Eisen stated the correct number is one-half of one percent. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2008-159 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AT THE INTERSECTION OF SOUTHFORK DRIVE AND COUNTY ROADS 90 AND 94. Mr. Trent Epperson, Project Director. Councilmember Saboe made the motion, seconded by Councilmember Cole, to approve Resolution No. R2008-159. After discussion, this item was tabled. City Manager Bill Eisen stated this item is an issue that Council discussed in the earlier Workshop regarding the installation of traffic signals at County Road 94 and County Road 90. Based on a request from some of the Home Owners Associations in the area, the City will be doing further investigation into the cost of different types of decorative poles. Councilmember Saboe stated he would like to table this item because he does not want to make a decision without receiving all the data. Assistant City Manager Mike Hodge stated the City was not able to get the pricing for the ornamental poles, but Staff is estimating the cost to be approximately $100,000. Councilmember Kyle asked what the increase would be per intersection above what the normal cost would be. Project Director Trent Epperson stated it depends on how much modification is done at each intersection. Discussion ensued between Council and Project Director Trent Epperson regarding the project. Page 8 of 13 — 12/8/2008 — 7:00 p.m. Project Director Trent Epperson stated once the estimated cost for the decorative poles is received, Staff can approach the Home Owner's Association for the surrounding community to discuss how they plan to participate in the cost of the project. Discussion ensued between Council and Project Director Trent Epperson regarding the project. Councilmember Saboe made the motion, seconded by Councilmember Kyle, to table Resolution No. R2008-159 for Council to receive pricing information for decorative poles. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1358-1 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 1358, TO INCLUDE THE CITY'S PARKS AND RECREATION FEE SCHEDULE; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR AN EMERGENCY; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 1358-1 on its first and only reading. City Manager Bill Eisen stated this item involves the adoption of associated Parks and Recreation fees and contains information consistent with that discussed in a previous Workshop. Councilmember Saboe asked why the Ordinance was being done as a first and only reading. City Attorney Darrin Coker stated fee ordinances are typically done as first and only readings. Discussion ensued between Council and Parks and Recreation Director Jon Branson regarding the proposed fees. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Page 9 of 13 — 12/8/2008 — 7:00 p.m. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2008-157 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR MATERIAL TESTING SERVICES ASSOCIATED WITH THE PUBLIC SAFETY BUILDING PROJECT. Mr. Trent Epperson, Project Director. Councilmember Kyle made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2008-157. City Manager Bill Eisen stated this item is a contract for materials testing during the construction of the new Public Safety Building. The proposed contract is with Terracon Consultants, Inc., who have performed numerous materials testing contracts for the City, and the fee is $66,600. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2008-156 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES ASSOCIATED WITH THE ORANGE STREET/TOWN DITCH PROJECT. Mr. Trent Epperson, Project Director. Councilmember Cole made the motion, seconded by Mayor Pro -Tem Beckman, to approve Resolution No. R2008-156. City Manager Bill Eisen stated the Town Ditch Project and Orange Street Project have been separate projects that have relationships between the two relative to the timing of certain phases. Because of the timing similarities, Staff is recommending the Construction Management Services be performed by the same firm. The proposed firm is HDR Engineering, who have done work for the City in the past, and the total cost is $653,400. Councilmember Saboe asked if there are opportunities for synergistic cost savings since the City is essentially rolling over similarly related projects to the same firm or are additional resources required for the two projects. City Manager Bill Eisen stated the write up indicates that the original budget for Construction Management and Construction Inspection was approximately $713,000 and the total for the proposed contract is $653,400 which would suggest some cost saving synergies do exist. Page 10 of 13 — 12/8/2008 — 7:00 p.m. Project Director Trent Epperson stated the way the project is scheduled the Town Ditch Project will begin initially and then there will be a four -to -five month overlap from completion that the Orange Ditch Project will begin and this is when the cost savings will be recognized. Discussion ensued between Council and Project Director Trent Epperson regarding the project. Councilmember Saboe stated he would like the circumstances where the City has negotiated a savings to be documented and communicated in a more apparent manner. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2008-155 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A UTILITY RELOCATION AGREEMENT ASSOCIATED WITH THE ORANGE STREET PROJECT. Mr. Trent Epperson, Project Director. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2008-155. City Manager Bill Eisen stated this item relates to the relocation of a pipeline that conflicts with the Orange Street Future Paving Project. The pipeline is owned by TEPPCO and Staff has negotiated a fifty-fifty split for cost associated with the relocation. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 716-1 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 21, OIL AND GAS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO ADOPT A NEW ARTICLE IV, ENTITLED GEOPHYSICAL/ SEISMIC TESTING; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Page 11 of 13 —12/8/2008 — 7:00 p.m. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Beckman, to approve Ordinance No. 716-1 on its first reading. City Attorney Darrin Coker stated Council has been provided with various drafts of this Ordinance with the plan that a final draft would be on a future Agenda. Council was asked to provide comments regarding the draft Ordinances and the requested changes were implemented. The goal of drafting the Ordinance was to protect the rights and interest of the City and citizens were also protected. Councilmember Kyle stated Staff did a good job of educating themselves regarding what this type of Ordinance entails and what is necessary and what is not. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2008-160 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE KNAPP ROAD/BOBBY STREET SANITARY SEWER REHABILITATION PROJECT. Mr. Danny Cameron, Public Works Director. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2008-160. City Manager Bill Eisen stated this item is for construction services associated with the Knapp Road and Bobby Street Sanitary Sewer Rehabilitation Project. The Project includes the rehabilitation of existing sewer lines and increasing the size of the lines through a pipe busting technique. The proposed contract is the PM Construction and Rehab, LP in the amount of $224,530. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2008-162 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE ADDITIONAL REIMBURSEMENT OF FUNDS ASSOCIATED WITH THE INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF SHADOW CREEK PARKWAY AND BUSINESS CENTER DRIVE. Mr. Narciso Lira, City Engineer. Page 12 of 13 — 12/8/2008 — 7:00 p.m. Councilmember Kyle made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2008-162. City Manager Bill Eisen stated Council considered this matter at a previous Council Meeting and had authorized participation in an agreement for the installation of a traffic signal at the intersection of Shadow Creek Parkway and Business Center Drive. The original agreement limited the amount of reimbursement to a certain amount unless the bids received exceeded the approved amount. There is a circumstance where the cost exceeds the amount authorized by Council. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. ADJOURNMENT Meeting was adjourned at 8:45 p.m. Minutes approved as submitted and/or corrected this the 12th day of January, A.D., 2009. 24 Tom Reid Mayor ATTEST: Page 13 of 13 — 12/8/2008 — 7:00 p.m.