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HomeMy WebLinkAbout2005-05-09 CITY COUNCIL REGULAR MEETING MINUTES (2)MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MAY 9, 2005, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Tom Reid Mayor Pro-Tem Charles Viktorin Councilmember Richard Tetens Councilmember - Woody Owens Councilmember Larry. Marcott Councilmember Kelvin Cole City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Mayor Pro-Tem Viktorin arrived at the Council Meeting at 7:45 p.m. Councilmember Kelvin Cole arrived at the Council Meeting at 8:00 p.m. Others in. attendance: Deputy City Manager Alan Mueller; Executive Director of Community Services Nick Finan; Executive Director of Economic Development Fred Welch; Business Retention & Expansion Manager Karen Dickson; Police Chief J.C. Doyle; City Engineer Doug Kneupper; Public Affairs Liaison Lynn Munford; Parks & Recreation Director Rhonda Cyrus; Public Works Director Jerry Burns; EMS Director Jeff Sundseth; Purchasing Officer Gordon Island; Project Director Joe Wertz; and Senior Planner Theresa Grahmann. The invocation was given by Councilmember Richard Tetens and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid, City Manager Bill Eisen, and EMS Director Jeff Sundseth ,presented. awards to Emergency personnel for their diligent efforts and outstanding performance handling a cardiac arrest on February 27, 2005. EMS Director Jeff Sundseth stated EMS personnel at times have the unfortunate opportunity to respond to citizens in cardiac arrest. Only a small percentage of those citizens make it to the Emergency Room with blood pressures and pulses, and even a smaller percentage make it out of the hospital or make it out able to function in society. When someone is .successful in surviving a cardiac arrest, it is very important to recognize the people responsible for saving their life. This is a team effort,'everyone on the scene is involved in saving lives. He recognized Police Officers Trey Durant, Jeff Middleton, and George Dacy. He also recognized EMS personnel Fred Ortiz, Pete Page 1 of 16 — 5/9/2005 Castillo, Darren Zalesnik, Tommie Holliday, and Gerry Riojas for their diligent efforts and outstanding performance on February 27, 2005. Mayor Reid presented a proclamation to EMS personnel proclaiming, May 15 — 21, as "Emergency Medical Services Week.". Mayor Reid presented a proclamation to Police Chief J.C. Doyle personnel for safeguarding the rights and freedoms of the citizens in Pearland, proclaiming May 15 — 21, as "National Police Week." . Police Chief J.C. Doyle gave a brief history regarding the establishment of National Police Week by former President John F. Kennedy. It is a time to honor those officers who have fallen in the line of duty and paid the ultimate sacrifice in .protecting the citizens they serve. He stated there have not been any officers lost in the Pearland Police Department since 1973, and this is a blessing. Mayor Reid presented a proclamation to Public Works Director, Jerry Burns proclaiming May 15 — 21., as ."National Public Works Week." Public Works Director Jerry Burns stated when he first started with the City there were 32 people in the department. There are approximately 80 people currently in the Public Works • Department. ' The department consists of very dedicated and professional people. Mayor Reid reported on April 27 he met with Regency Park Homeowners' Association and attended a Ribbon Cutting Ceremony for Allison Door Company; April 28 he spoke to High School Senior Classes on Pearland History and met with Pearland Art League Board of Directors; April 29 he chaired the Development Authority Board of Directors Meeting; May 2 he met with the Agenda Committee and the Pearland Independent. School District Education Improvement Committee; May 3 he read to the Challenger School 3`d Grade Class and presented the Mayor's $1,000 ACU Scholarship Award; May 4 he spoke to the Pearland Neighborhood Center Forum; May 5 he attended and spoke at the . Pearland Economic Development Corporation Broker Day Event, welcomed and gave an opening Prayer for the National Day of Prayer, and attended the Monthly South East Shrine Club Meeting; May 6 he met with Adult Reading Center Director Evaluation Committee; May 7 he welcomed the attendees to the Pearland Art League Second Annual "pARTy on the Grand;" and stood and electioneered for his re- election as Mayor. COUNCIL ACTIVITY REPORTS Mayor Pro-Tem Viktorin stated he apologized for being late; he had a close family and personal friend pass away and attended the services this evening. He thanked the citizens for re-electing him into office and he will do the .best job he possibly can as a City Councilmember.. Page 2 of 16 — 5/9/2005. 1 Mayor Reid stated he also appreciates the citizens for re-electing him into office as well. He looks forward to the challenges ahead. He stated each three-year term is different because of the changes within the City. The Mayor has to make changes as well within that time. He plans to meet the challenges of the next three years. Councilmernber Tetens passed on giving his report. Councilmember Owens reported this past Friday and Saturday, the Leukemia Leumpthornia Golf. Tournament took place in West Columbia. It was dedicated to Pat O'Day and the O'Day Family. A tree was planted in his memory. Last year approximately $80,000 was raised. This year they are looking to see approximately $100,000 from the event. Councilmember Marcott reported on Thursday he, attended the Pearland Economic Development Broker Day. This event involves brokers and developers being invited into the City for business purposes. The event was very well received and the community was displayed in a positive light. Saturday he attended the "pARTy on the Grand" Event, which is part of the Pearland Arts League. Culture is being brought to the community through the Arts League. Councilmember Cole was not present in chambers. CITY MANAGER'S .REPORT City Manager Bill Eisen stated that over a year ago, the City submitted an application to the Community Rating System regarding the Federal Emergency Management Agency Flood. Insurance Program. The process allows the City to receive a discount for flood insurance passed along to the property owners of that community. Starting on May 1st a 10% discount will 'be given to those property owners within the flood plain on their flood insurance premiums. Citizens residing outside of the flood plain will receive a 5% discount on their flood insurance premiums. CITIZENS Michael Klaus, 5016 Groveton, addressed Council and asked Council to pass a resolution supporting Ellington Field and keeping it open. Currently discussion is taking place regarding possible closure of the airfield. He is concerned about Clear Creek and the understanding of what needs to, take place with the lake. He expressed his appreciation to EMS and stated his father had a heart attack in 1990 in Pearland and is still living. Gayle O'Neal, 2303 Heritage Landing, addressed Council and distributed some pictures to Council showing her neighbors deck and above ground. pool. She feels her privacy has been evaded in her own back yard. Her property value has depreciated. She built Page 3 of 16 — 5/9/2005 an in ground swimming . pool in August. Her neighbor has put in an above ground swimming pool and built a five-foot deck surrounding the pool. When they stand on the deck, it looks like they are walking on top of the fence that divides the homes. She has been informed by City Inspectors that there are no deck height regulations within the City. The City of Pearland should have height •regulations on the height of decks. She can't enjoy the privacy of her back yard. She asked Council to assist ,her with this problem. Mark McKinney, 2612 Creeks Edge Drive, addressed Council and stated he is here as the incoming Director of Transportation for Pearland Independent School District. He is here tonight stressing the need for the Oiler Drive/Bailey Road Extension. All buses currently servicing the high school and ninth grade center use Magnolia. When Magnolia is under construction, an alternate route will be needed for the buses. If both are closed at the same time, all traffic including buses willbe filed onto FM 518. This would not be conducive to good traffic flow. The Oiler Drive/Bailey Road Extension would remove traffic from the already congested Magnolia Drive. A bridge over the tracks on Bailey Road Extension would greatly increase safety for many of the children transported between the ninth grade campus and the high school. He encouraged Council to look at this option. Rebecca Munguia, 1508 Hickory Court, addressed Council and stated she lives in the Dixie Woods Subdivision. She has some comments regarding the sound wall and sound analysisthat was conducted in 2003. This analysis in now being used to determine the height of the sound wall and she is questioning the validity of using the analysis of 2003. She stated a meeting took place a week ago in Council Chambers regarding certain aspects of the wall. She has some concerns regarding an eight -foot wall reducing . the sound for the subdivision. She disagrees with the height being proposed. The sound study is questionable. She requested anew 'study for the area to include the new variables that were not present in 2003. Her property is one of the properties most affected by the sound and property value. Her backyard is available for use to evaluate sound. She asked that Council conduct a new study. Carlos Mungu.ia, 1508 Hickory Court, addressed Council and stated a meeting took place a few weeks ago regarding the issues surrounding the sound' wall. The City of Pearland needs to intervene on behalf of the residents of the Dixie Woods Subdivision. The residents should receive a sound barrier that will reduce the noise from the new widened Dixie Farm Road. The currentlproposed wall appears to be to short. He gave some information regarding the sound analysis taken in 2003. He briefly went over the discussion that took place during the last meeting regarding the funding for the project.' He asked that another study be conducted for the subdivision. Mark Savoie, 1506 Hickory Court, addressed Council and stated he spoke with Dr. Cooper regarding the results of the study. He is not aware of the current circumstances of the subdivision and different variables. . Page 4 of 16 — 5/9/2005 Debra Bivens, 2507 Piney Woods, addressed Council and stated she is the President of the Dixie Woods Subdivision. She distributed photographs of the subdivision to Council. She has heard a lot of voices and complaints from the residents of the subdivision. She briefly discussed the trees that were taken down. This interrupted the second story homes. There are only six homes along the stretch of the road that are single story. The residents were told that an eight -foot wall is adequate. The residents of Pearland live within a superior community not an adequate community. Higher taxes are being paid for their children to go to school. She asked Council to consider the children that are living and sleeping in those bedrooms that will be affected by the noise. She asked for another sound survey and higherwall. Kenneth Edward, 1506 Silver Maple Lane, addressed Council and stated he has comments regarding the sound wall along Dixie Farm Road. He .stated the situation in their neighborhood has changed over the years. The eight -foot wall is not sufficient and he asked Council to consider another study. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the March 7, 2005, Special Meeting held at 7:00 p.m. 2. Minutes of the April 4, 2005, Special Meeting held at 6:00 p.m. 3. Minutes of the April 25, 2005, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-775 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 5.00 ACRES, BEING PART OF LOTS 78 AND 79, OF THE FIGLAND ORCHARD SUBDIVISION, ABSTRACT 240, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF HARKEY ROAD, AND NORTH OF FITE ROAD) (APPLICATION NO. 1213) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO NEIGHBORHOOD SERVICE DISTRICT (NS) AT THE REQUEST OF JACK MCGUFF, JR., AIA, APPLICANT FOR MASSOUD MOTAMEDI, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL Page 5 of 16 — 5/9/2005 READING OF ORDINANCE NO. 1216 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING . THE ENCROACHMENT OF AN AEROBIC SPRINKLER SYSTEM AND WELL HOUSE INTO THE CITY'S RIGHT-OF-WAY. Mr. Darrin Coker, City Attorney. D. CONSIDERATION AND POSSIBLE ACTION — APPOINTMENT OF MEMBER TO TAX INCREMENT REINVESTMENT ZONE NO. 2 ("TIRZ") BOARD. Mr. Alan Mueller, Deputy City Manager. E. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1218 — AN .ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE PLACEMENT OF STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND (SUNRISE BLVD. @ SUNLAKE DR. AND SUNNY SHORES DR. © SUNDOWN DR.); PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION, . AND FOR CODIFICATION; AND DECLARING AN_ EMERGENCY BECAUSE.THE NEED TO ESTABLISH . STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1217 — 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, DRAINAGE AND/OR UTILITY 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 D.ONATION,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 Tetens made the motion, seconded by Councilmember Owens, to adopt Consent Agenda Items A through F as presented on the Consent Agenda. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Page 6 of 16 — 5/9/2005 Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA: None NEW BUSINESS FIRST READING OF ORDINANCE NO. 509-776 — AN ORDINANCE OF THE CITY COUNCIL OF. THE CITY .OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 19.88 ACRES OF LAND OUT OF W T DODSON .SURVEY, BLOCK 1, TRACT B1-E-E1, ABSTRACT 187, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE. WEST SIDE OF STONE ROAD, AND NORTH OF BROOKSIDE ROAD) (APPLICATION NO. 1225) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (R-E) AT THE REQUEST OF MICHAEL ZINGALIS, APPLICANT FOR KATHERINE . URBANEK, . OWNER, PROVIDING F.OR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Ordinance .No. 509-776 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. 1225. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-777 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 2.00 ACRES OF LAND OUT OF LOT 5-B, OF THE F.B. DRAKE SURVEY, ALSO KNOWN AS THE H.T. & B.R.R. COMPANY SURVEY, SECTION 14, ABSTRACT 509, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF -MCLEAN ROAD, AND SOUTH OF MAGNOLIA STREET) (APPLICATION NO. 1221) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JAMES AND KATE Page 7 of 16 — 5/9/2005 HARRISON, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. Mayor Pro-Tem Viktorin made the motion, seconded by Councilmember Marcott, to approve Ordinance No. 509-777 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. 1221. City Manager Bill Eisen stated the applicant plans to .construct one single-family home on the. property. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-L — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 22.7, SIDEWALKS OF THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND (ORDINANCE. NO. 509), PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A EMERGENCY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. FIRST AND ONLY READING OF ORDINANCE NO. 741-5 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 27, SUBDIVISIONS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, FOR THE PURPOSE OF PROMOTING .ORDERLY DEVELOPMENT IN THE CITY AND ITS EXTRATERRITORIAL JURISDICTION; PROVIDING A PENALTY FOR VIOLATION; CONTAINING .A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. /Mr. Darrin Coker, City Attorney. Councilmember Marcott made the motion, seconded by Councilmember Cole, to approve Ordinance No.. 509-L and Ordinance No. 741-5 on their first readings. City Manager Bill Eisen stated both items are related. One item amends the Zoning Ordinance and.the other amends the Subdivision Regulations providing an exemption Page 8 of 16 — 5/9/2005 for sidewalk requirements on local streets and single-family subdivisions with open ditches. City Attorney Darrin Coker stated since the Public Hearing, a minor revision has taken place to the Subdivision Regulations regarding ditches that have been covered and culverts placed within them. Councilmember Marcott asked for . clarification regarding the terminology "the Commission" written in the document. City Attorney Darrin Coker stated "the Commission" refers to the Planning & Zoning Commission. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting. "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-84 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A TAX ABATEMENT AGREEMENT WITH SHAWCOR PIPE PROTECTION .("SCPP"); 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. 1212, ESTABLISHING REINVESTMENT ZONE #13, AND THE GUIDELINES AND CRITERIA FOR GOVERNING REINVESTMENT ZONES AND TAX ABATEMENT AGREEMENTS SET FORTH IN RESOLUTION NO: R2003-121. Mr4;larrin Coker, City Attorney. . Councilmember Cole made .the motion, seconded by Councilmember Tetens, to approve Resolution No. R2005-84. City Manager Bill Eisen stated this agreement wouldgrant a three-year 50% tax abatement for . increase in eligible properties due to expansion of Shawcor Pipe Protection. The process . in considering abatement includes a Public Hearing and establishing a reinvestment zone. This process has . been completed. Council is considering the formal designation of the agreement, which specifically grants the tax abatement. The anticipated increase in value prior to abatement of this project is $5 million. The company anticipates adding 48 employees at this location due to the proposed expansion. • . Councilmember Marcott stated the abatement is based upon 48 people, but it states that they may not add 48 people. He asked for clarification. Page 9 of 16 — 5/9/2005 Shawcor Representative stated theplan with the new facility is to add approximately 43 people at opening of the new facility. A lot of this includes training. Once everything is finely tuned and working, approximately 37 people will be added running the facility. A brief discussion ensued among Council and Staff regarding amending the application changing the number of 48 to 37 and the contract exhibit. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-82 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE RENEWAL OF AN ENGINEERING CONTRACT WITH JOHN HARGROVE FOR ENGINEERING SERVICES. Mr. Alan Mueller, Deputy City Manager. .Councilmember Tetens made the motion, seconded by 'Mayor Pro-Tem Viktorin, to approve Resolution No. R2005-82. .City Manager Bill Eisen stated this is .thesecond proposed extension- of an original one- year consulting. agreement with John Hargrove. There is a reduction of base hours from 40 to 30. Mr. Hargrove's work continues to be satisfactory and as a result of that Staff recommends the renewal of the agreement. A brief discussion ensued among Council regarding Pearland rain gauges. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-79 — 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 EQUISTAR CHEMICALS, LP., FOR THE RELOCATION OF A GAS TRANSMISSION LINE ASSOCIATED WITH THE WIDENING OF DIXIE FARM ROAD. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Marcott, to approve Resolution No. R2005-79. City Manager Bill Eisen/stated this agreement with EquiStar provides for the relocation . Page 10 of 16 — 5/9/2005 1 of pipelines at four different locations due to the widening of Dixie Farm Road. 80% of the City's cost will be reimbursed by Texas Department of Transportation. Councilmember Owens asked if the plans have been reviewed by,Texas .Department of Transportation. Project Director Joe Wertz stated Texas Department of Transportation has this document. Councilmember Marcott asked for clarification regarding the location of the pipelines. Project Director Joe Wertz stated the pipelines are located at the Hwy 35 and, Dixie Farm Road intersection, Mary's Creek area, and FM 518 area. Councilmember Marcott stated he is concerned how this may affect the homeowners who only have one way in and out of their subdivisions. A brief discussion ensued among Council and Staff regarding informing the homeowners about the future removal of the pipelines. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-80 — 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 DUKE ENERGY ,FIELD SERVICES FOR THE RELOCATION OF A GAS /TRANSMISSION LINE ASSOCIATED WITH THE WIDENING OF DIXIE FARM ROAD. Mr. Bill Eisen, City Manager. Mayor Pro-Tem Viktorin made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2005-80. City Manager Bill Eisen stated this item is similar to the last' item. This is a relocation of a pipeline that is under different ownership. 80% of theCity's cost will be reimbursed by Texas Department of Transportation. A brief discussion ensued among Council and Staff regarding informing the residents of possible street closures. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Page 11 of 16 — 5/9/2005 Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-83 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 4 ASSOCIATED WITH THE CONSTRUCTION OF THE VETERANS DRIVE LIFT STATION. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Councilmember Owens, to table Resolution No. R2005-83 for further review. City Manager Bill Eisen stated this is a change order regarding the Veterans Drive Lift Station. The change is due to increase -in quantities exceeding the original estimates. There are also some deductions due to variations in original quantities. The increased expenditure is approximately $29,000. Councilmember Marcott asked for clarification regarding how quantities are verified after the job has closed. Project Director Joe Wertz stated the quantities were verified by. the engineering inspectors and contractor. It is late coming before Council. Councilmember Owens asked for clarification regarding some of the figures within the document. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION —'.RESOLUTION NO. R2005-81 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF . PEARLAND, TEXAS, AWARDING A BID FOR. CONSTRUCTION SERVICES ASSOCIATED WITH THE JOHN LIZER SANITARY SEWER PROJECT (SH 35 TO PEARLAND PARKWAY). Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Owens, to approve Resolution No. R2005-81. City Manager Bill Eisen stated the City has had good. quality work and results from the company chosen for this project. Page 12 of 16 5/9/2005 Councilmember Owens asked for clarification regarding some of the bid prices stated by the company. It is a good price, but he has concerns about the bid amounts being so low. A brief discussion ensued among Council and Staff regarding the bid prices: Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-77 — 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 TDESI INFRASTRUCTURE GROUP FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE MAGNOLIA ROAD EXPANSION PROJECT. Mr. Bill Eisen, City Manager. Mayor Pro-Tem Viktorin made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2005-77. City Manager Bill Eisen stated this item is a contract with TDESI Infrastructure for design services of the traffic section intersection on the Magnolia Road Project. There have been nine intersections identified. Councilmember Marcott asked if, cameras would be placed at the intersections for future use. He stated the City should look for upcoming future needs. A brief discussion ensued among Council and Staff regarding future capabilities for the intersections along the Magnolia Road Project. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-78 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING A PREFERRED ALIGNMENT FOR THE STATE HIGHWAY 35 MAJOR CORRIDOR FEASIBILITY STUDY. Mr. Alan Mueller, Deputy City Manager. Councilmember Cole made the motion, seconded by Councilmember Owens, to table Resolution No. R2005-78 for further review. Page 13 of 16 — 5/9/2005 City Manager Bill Eisen stated recently Council discussed a study regarding Harris County Toll Road Authority and Brazoria County Toll Road Authority, in which several options were looked at regarding the connection to Beltway 8 of the Brazoria County South Hybrid Alignment. Cou"ncil is being asked to take a look at some other alternatives for the alignment. He stated -the three altematives before Council does not include the alternative Council .previously indicated support. Mayor. Reid gave some brief comments regarding the alternate proposed alignments. Councilmember Cole asked for clarification regarding the purpose for the alignment. Deputy City Manager Alan Mueller stated this corridor has been discussed by Texas Department of Transportation since the 1960's. Priorities were being placed elsewhere over the time because of population growth to different areas. This alignment would go to Angleton. The Toll Road Study did specifically focus on Alvin. A brief discussion ensued among Council and Staff regarding the proposed alignments. Councilmember Marcott stated he supports the decision they made before. He would support a ground route as well. Deputy City • Manager Alan Mueller .stated based on the numbers for future traffic generation, a. ground route is not recommended. An express route is needed. Councilmember Marcott stated he does not support a dissection of the community. Further discussion ensued among Council and Staff regarding the final three proposed alignments. Voting "Aye"-Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. . COUNCIL ACTION — RESOLUTION NO. R2005-85 — 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 DANNENBAUM ENGINEERING CORP., FOR ENGINEERING SERVICES ASSOCIATED WITH IMPLEMENTATION OF THE CITY'S REVISED DRAINAGE DESIGN CRITERIA. Mr. Doug Kneupper, City Engineer. Mayor Pro-Tem Viktorin made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2005-85. Page 14 of ,16 — 5/9/2005 City Manager Bill Eisen stated this is an agreement with an engineering firm for analysis for existing detention ponds within Pearland and bringing those detention ponds into conformance with the current drainage standards. Councilmember Marcott asked if Staff knew which detention ponds would be analyzed. City Engineer Doug Kneupper stated a decision has not been made regarding which detention ponds would be analyzed. The larger commercial sites and residential sites are the ideal locations. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. Council adjourned into Executive Session under Texas Government Code at 9:25 p.m. to discuss the following: OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.0.71 — CONSULTATION WITH CITY ATTORNEY — REGARDING POTENTIAL LITIGATION. Mr. Darrin Coker, City Attorney. . NEW BUSINESS (CONTINUED): Council returned from Executive Session at 10:04 p.m. COUNCIL ACTION — REGARDING POTENTIAL LITIGATION. City Council. No Council action taken. ADJOURNMENT Meeting was adjourned at 10:05 p.m. . Minutes approved as submitted and/or corrected this the 23rd day of May , 2005. Page 15 of 16 5/9/2005 ATTEST: /I 4f/J,.., / PC/' ng Lo Tom Reid. Mayor Page 16 of 16 — 5/9/2005