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2009-02-09 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, FEBRUARY 9, 2009, AT 7:30 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 7:42 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Helen Beckman Councilmember Woody Owens Councilmember Steve Saboe Councilmember Felicia Kyle Councilmember Kevin Cole Assistant City Manager Mike Hodge City Attorney Darrin Coker City Secretary Young Lorfing Others in attendance: Jon Branson Parks and Recreation Director; Danny Cameron Public Works Director; Jack Colbath Director of Fire Services; Trent Epperson Project Director; Claire Bogard Finance Director; Police Chief J.C. Doyle; Teresa Battenfield Assistant Project Director; Executive Director of Economic Development Fred Welch. 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 January 27, he joined City Manager Bill Eisen in a meeting with Dr. William A. Staple, President University of Houston -Clear Lake, met with Tyler Nelson of Congressman Pete Olson's Office, and met with the Adult Reading Center Board of Directors; January 28, met with Brazoria County Judge Joe King and the Tax Abatement Review Committee; January 29, attended the Pearland Area Chamber of Commerce Annual Awards Banquet; January 31, spoke at the Scout Troop No. 438 Eagle Scout Court of Honor; February 2, attended the Agenda Meeting; February 3, joined Executive Director of Economic Development Corporation Fred Welch and Assistant City Manager Mike Hodge for a meeting with Goodman Associates; February 3, met with the Houston Port Alliance Transportation Task Force; February 5, met with a developer and finance group and attended the North Brazoria County Educational Alliance Group Meeting; February 6 — 8, attended the Texas Mayor and Councilman Annual Meeting; February 9, met with Mark Ellis, Director of the Freight Rail Association. Page 1 of 14 — 2/9/2009 Police Chief J.C. Doyle provided Council with an update regarding recent criminal activity in the City of Pearland. He stated he is unable to share all the information he has knowledge of that would jeopardize or hinder the investigation. He stated three home invasions and one kidnapping have occurred in Brazoria County. At this time, the Pearland Police Department is working very closely with the Brazoria County Sheriff's Office, the Federal Bureau of Investigation, and the Houston Police Department. The Pearland Police Department has offered office space, uniformed man power, and administrative support to investigators to make it easier for the other agencies to do their jobs. All leads and tips are being followed up on and researched, interviews are being conducted, and the Pearland Police Department is working with other investigators to issue search warrants when needed. The K-9 Unit has been utilized and has tracked suspects that matched the description of the perpetrators. The Pearland Police Department is attempting to organize meetings in person and online with citizens to provide information on crime prevention, but it has been difficult. Brazoria County is the lead investigative entity and Pearland Police Department is providing any help it has at its disposal. Brief discussion ensued between Council and Police Chief J.C. Doyle regarding the current criminal activity in the City of Pearland. COUNCIL ACTIVITY REPORTS Councilmember Owens, Saboe, Kyle, and Cole passed on giving a report. Mayor Pro -Tem Beckman reported January 27, she attended the Northern Brazoria County Educational Alliance Board Meeting; January 29 attended the Pearland Area Chamber of Commerce Annual Awards Banquet; January 30, attended the Singing In The Rain production at Dawson High School. CITY MANAGER'S REPORT Assistant City Manager Mike Hodge passed on giving a report. CITIZENS Morgan Haugen, 214 Avenue F, Alvin, TX 77511, addressed Council and stated he owns Eagle Taxi and Delivery in Alvin, Texas, and has been receiving several calls per day from individuals in the City of Pearland. He does not have a problem meeting the requirements of the Taxicab Ordinance in the City except for a few of the logistics involved with the Ordinance. The bylaws in the Pearland Ordinance make it difficult to provide business in the City until they have established a larger business base in Pearland. He would like his company to be able to pickup customers within the City of Pearland through the City recognizing the licenses issued from the City of Alvin. There are quite a few issues to make this happen, but he would like to initiate discussions to meet some type of agreement that would meet the City's objectives and help his company provide a reasonably priced service to the citizens of Pearland. Page 2 of 14 — 2/9/2009 DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the January 19, 2009, Special Meeting held at 6:00 p.m. 2. Minutes of the January 19, 2009, Joint Public Hearings held at 6:30 p.m. 3. Minutes of the January 26, 2009, Public Hearing held at 6:30 p.m. 4. Minutes of the January 26, 2009, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1376 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING THE CITY'S PARTICIPATION IN THE TEXAS ENTERPRISE ZONE PROGRAM PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE (ACT), DESIGNATING A LIAISON FOR COMMUNICATION WITH INTERESTED PARTIES, AND NOMINATING NEELA, INC. TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT & TOURISM (EDT) THROUGH THE ECONOMIC DEVELOPMENT BANK (BANK) AS AN ENTERPRISE PROJECT (PROJECT). Mr. Kyler Cole, Old Townsite Economic Development Coordinator. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1375 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENAMING SPECTRUM BLVD AS WATERLIGHTS PARKWAY; CONTAINING A REPEALER CLAUSE. Mr. Narciso Lira, City Engineer. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-18 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT REPORT FOR THE QUARTER ENDING DECEMBER 2008. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Saboe, to adopt Consent Agenda Items A through D as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Page 3 of 14 — 2/9/2009 Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA None NEW BUSINESS COUNCIL ACTION — RESOLUTION NO. R2009-21 — A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A GENERAL ELECTION TO BE HELD ON SATURDAY, MAY 9, 2009, FOR THE PURPOSE OF ELECTING COUNCILMEMBERS POSITION NO. 2 AND POSITION NO. 4 OF THE CITY OF PEARLAND CITY COUNCIL. Mr. Young Lon`ing, City Secretary. Councilmember Saboe made the motion, seconded by Councilmember Cole, to approve Resolution No. R2009-21. Assistant City Manager Mike Hodge stated this item established the dates, times, and voting locations for the May 9, 2009, Election. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 2000M-60 — 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, 6.5953 ACRES LOCATED IN THE H.T & B.R.R. CO. SURVEY., ABSTRACT 232, IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS AS SHOWN ON THE AMENDING PLAT OF MYKAWA INVESTMENTS CLERK'S FILE NO. 97-016096 B.C.C.O; REMAINDER OF A 12.00 ACRES THIRD COAST PACKAGING INC. CLERK'S FILE NO. 97-016096 B.C.C.O.; AND 2.9125 ACRES THIRD COAST PACKAGING, INC. CLERK'S FILE NO. 00 022591 B.C.C.O., LOCATED ON 1871 MYKAWA ROAD, (ZONE CHANGE APPLICATION NO. 2009-01Z), FROM CLASSIFICATION HEAVY INDUSTRIAL (M-2) TO PLANNED DEVELOPMENT (PD), AT THE REQUEST OF STEPHEN ENGBROCK, APPLICANT FOR THIRD COAST PACKAGING, 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. Mike Hodge, Assistant City Manager. Page 4 of 14 — 2/9/2009 Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Saboe to approve Ordinance No. 2000M-60 on its first reading. Assistant City Manager Mike Hodge stated this item is an application to rezone the property from the heavy industrial classification (M-2) to a Planned Development (PD). The Public Hearing has been conducted and the Planning and Zoning Commission has reviewed the application. There has been additional wording added to the Platting Section No. 4 to reduce the lot width to 60 -feet with frontage on the private road and to require a turn -around for emergency vehicle access. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 2000M-61 — 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, 26.34 ACRES OF LAND, BEING PARTS OF AND THE NORTH HALF OF LOT 44 AND ALL OF LOT 49 OF ZYCHLINSKI'S SUBDIVISION IN THE HT&B RR CO. SURVEY, SECTION 3, ABSTRACT 232, AND R.B LYLE SURVEY, ABSTRACT 542, IN THE BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF SH 35 (NORTH MAIN STREET), AND ON THE SOUTH SIDE OF MCHARD ROAD), (ZONE CHANGE APPLICATION NO. 2009-02Z), FROM CLASSIFICATION HEAVY INDUSTRIAL (M-1) TO PLANNED DEVELOPMENT (PD), AT THE REQUEST OF JUNG KWAK, APPLICANT FOR MONTALBANO LUMBER CO. INC., 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. Mike Hodge, Assistant City Manager. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Ordinance No. 2000M-61 on its first reading. Assistant City Manager Mike Hodge stated this item is an application to rezone the property from heavy industrial (M-1) to a Planned Development (PD). This rezoning is for the frontage with approximately 16 -acres in the back of the property that will remain as heavy industrial (M-1). There are several issues regarding shared detention and a roadway that will be required to make the property developable. The Planning and Zoning Commission has forwarded a recommendation to Council for denial of this item. Page 5 of 14 — 2/9/2009 David Miller, 3603 West Pine Orchard, addressed Council and stated he would like Council to vote in favor of this item. The roadway will be an issue for the property whether it is zoned as (M-1) or (PD). If the applicant does what the Council suggested previously and constructs a cul-de-sac roadway, it will provide access to both tracts of land. The applicant was trying to accommodate to where there would be a traffic flow situation that would work by taking the cul-de-sac road and making a turn that would go south through the tract. The off-site roadway is not included in the Planned Unit Development. Councilmember Saboe stated it is difficult for him to make a decision on this item because it is different from the similar situations presented before and it has everything to do with the timing of the deals. He asked if there have been conversations with the adjacent property owner regarding this application. David Miller, 3603 West Pine Orchard, stated there is a letter of intent included in the items provided to Council which the other property owner would not sign. Several of the items in the letter of intent come back to the City. He has a meeting scheduled with Executive Director of Economic Development Corporation Fred Welch to discuss options regarding upgrading a roadway in the area. Discussion ensued between Council and David Miller regarding the zoning application. Councilmember Cole stated he appreciates what Mr. Miller is trying to say; however, this is an example of more regionalization of detention and those types of things. There is City owned detention in the area and he feels this could possibly be extended to benefit other tracts in the area develop. This application is not actually for the roadway, but what type of use the City wants for the land itself. He feels the City needs to reach out to these property owners and identify a solution to develop these tracts as one coordinated effort. Councilmember Saboe stated he does not feel the case has been made at this time to approve this item as it has been presented. This application is a Planned Development, which allows Council to bring their own ideas and opinions to maximize the best use for the property and to him this includes how the roadway will move and regional detention. Council could table the item or vote the item down without prejudice to allow the applicant to come back to Council. Councilmember Kyle stated she recognizes positive and negative aspects of this application, and her concerns are what is going to happen with the roadway and how will it work out with the adjacent property owner. The positive is that the property needs to be developed and this is a viable option. She would be in favor of tabling the item and let the applicant conduct the meeting with Pearland Economic Development Corporation and be able to come back to Council without having to start all over with the zoning process. Page 6 of 14 — 2/9/2009 Discussion ensued between Council, Assistant City Manager Mike Hodge, and David Miller regarding the zoning application. Councilmember Kyle made the motion, seconded by Councilmember Cole, to table Ordinance No. 2000M-61. Voting "Aye" Councilmembers Kyle and Cole. Voting "No" Councilmembers Owens, Saboe, and Beckman. Motion Failed 3 to 2. Mayor Reid called for a vote on the original motion. Voting "Aye" None. Voting "No" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Motion Failed 5 to 0. FIRST READING OF ORDINANCE NO. 2000-T-10 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SELECTED PROVISIONS OF THE UNIFIED DEVELOPMENT CODE OF THE CITY, SPECIFICALLY REGARDING PLATTING FOR SINGLE FAMILY LOTS WITH EXISTING STRUCTURES; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICA- TION AND AN EFFECTIVE DATE. Mr. Mike Hodge, Assistant City Manager. Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve Ordinance No. 2000-T-10 on its first reading. Assistant City Manager Mike Hodge stated this item is an amendment to the Unified Development Code to allow the City to dispense platting requirements under certain conditions. If platting is not required, the Ordinance lays out other required items such as a survey and additional information. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. 2009-23 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS SUPPORTING AND CONSENTING Page 7 of 14 — 2/9/2009 TO CREATION OF COUNTRY PLACE MANAGEMENT DISTRICT. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Cole, to approve Resolution No. R2009-23. Assistant City Manager Mike Hodge stated this item is a Resolution supporting legislation for the creation of a management district in the Municipal Utility District No. 4 (MUD No. 4). The purpose of the management district is strictly limited to the maintenance of open space, parks, green space, golf course, and landscaping. The Board of MUD No. 4 is seeking the support of Council to establish the management district. City Attorney Darrin Coker stated the management district would be a government authority and have taxing ability, but would not be able to assess any taxes without voter approval. The management district will be made up of elected officials from within the district. This would allow upgraded maintenance of common areas once the MUD comes into the City and provide for the ownership and maintenance of the golf course. Councilmember Owens asked if the management district will do the improvements and then tax the residents to pay for the cost and what date the MUD will be annexed by the City. City Attorney Darrin Coker stated the management district would tax the residents for the improvements. He further stated MUD No. 4 will be annexed into the City on December 31, 2012. Discussion ensued between Council and City Attorney Darrin Coker, and Executive Director of Economic Development Fred Welch regarding the management district. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1377 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF § 545.356, TEXAS TRANSPORTATION CODE, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS, OF PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND (MCHARD ROAD), AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. Mr. Danny Cameron, Director of Public Works. Page 8 of 14 — 2/9/2009 FIRST AND ONLY READING OF ORDINANCE NO. 1378 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF § 545.356, TEXAS TRANSPORTATION CODE, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS, OF PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND (PEARLAND PARKWAY), AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. Mr. Danny Cameron, Director of Public Works. FIRST AND ONLY READING OF ORDINANCE NO. 1379 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF § 545.356, TEXAS TRANSPORTATION CODE, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS, OF PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND (SCARSDALE BLVD.), AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. Mr. Danny Cameron, Director of Public Works. FIRST AND ONLY READING OF ORDINANCE NO. 1380 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE PLACEMENT OF TRAFFIC SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND; 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 TRAFFIC SIGNS INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Danny Cameron, Director of Public Works. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Saboe to approve Ordinance No. 1377, 1378, 1379 and 1380 on their first and only reading. Assistant City Manager Mike Hodge stated the City has a policy governing the way Staff works with changes in traffic issues. For the most part, changes that are normal and logical are delegated to Staff to initiate. Changes that are more complex and need visibility are brought to Council for approval. The speed limit on McHard Road is currently thirty miles per hour and is being increased to thirty-five miles per hour. Pearland Parkway currently has a speed limit of thirty-five miles per hour and is being increased to forty miles per hour. The speed limit on Scarsdale Boulevard is currently thirty miles per hour and is being increased to thirty-five miles per hour. There are additional regulations that are being enforced on Magnolia Road regarding school zones to reduce the congestion and confusion in the area. Page 9 of 14 — 2/9/2009 Councilmember Owens stated he is concerned that the speed limit changes along with the school zones along Pearland Parkway will cause drivers to have to speed up and slow down continuously. Councilmember Kyle stated she appreciates the concerns, however, the speed limit fluctuation will only occur two hours per day. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-19 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE MAGNOLIA EXPANSION PROJECT (PHASE 2). Mr. Trent Epperson, Project Director. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Resolution No. R2009-19. Assistant City Manager Mike Hodge stated this item is a bid award for the second construction phase of Magnolia Road. The base bid is from Texas Sterling in the amount of $12.2 million. The amount is approximately 2 million lower than the engineering estimates. Staff recommends that Council award the bid, and that alternate A be added. This action will make the bid award $12.5 million and reduce the construction time from five hundred and forty days to four hundred and forty days. Councilmember Owens stated the City needs to establish a fund to catch the contingencies that are running under to possibly have enough funds to complete additional projects. Councilmember Cole stated Council understands that the savings mentioned are potential savings and could not be utilized for another project until this project is complete. The hope is that at the end of a seven-year bond program,the City will have substantial funds for other projects that could fall under the bond program. Discussion ensued between Council and Project Director Trent Epperson regarding the project. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Page 10 of 14 — 2/9/2009 Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-22 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONTRACT AMENDMENT ASSOCIATED WITH THE MAGNOLIA ROAD EXPANSION PROJECT (PHASE 2). Mr. Trent Epperson, Project Director. Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2009-22. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-20 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION MATERIAL TESTING SERVICES ASSOCIATED WITH THE MAGNOLIA EXPANSION PROJECT (PHASE 2). Mr. Trent Epperson, Project Director. Councilmember Owens made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2009-20. Assistant City Manager Mike Hodge stated this item is for the second phase of the Magnolia Road Project. The proposed contract is with Raba Kistner Consultants Inc. for materials testing for this phase of construction. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — REMOVE FROM TABLE RESOLUTION NO. R2009-7. City Council. Councilmember Saboe made the motion, seconded by Councilmember Cole, to remove Resolution No. R2009-7 from the table. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Page 11 of 14 — 2/9/2009 Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-7 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR PURCHASE OF FLEET VEHICLES. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Beckman, to approve Resolution No. R2009-7 as amended. Assistant City Manager Mike Hodge stated this item was on a previous agenda for Council review with the buy board prices that were available to the City. Council requested Staff review prices being offered by local vendors. The police vehicle packages were awarded previously and Staff solicited written quotes for the remaining vehicles from local vendors. The prices received from local vendors were higher than the prices the City could access through the buyer board and Staff is recommending the Resolution be amended to reflect the cost without the police vehicles. Councilmember Saboe made the motion, seconded by Councilmember Kyle, to amend Resolution No. R2009-7 to reflect the change in the dollar amount on the Resolution to $364,186.48. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:20 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. Page 12 of 14 — 2/9/2009 2. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY - REGARDING PENDING AND POTENTIAL LITIGATION ASSOCIATED WITH CODE VIOLATIONS. Mr. Darrin Coker, City Attorney. 3. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY - REGARDING PENDING AND POTENTIAL LITIGATION ASSOCIATED WITH OTHON, INC. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 12:20 a.m. COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES. City Council. No action taken by Council. COUNCIL ACTION — REGARDING PENDING AND POTENTIAL LITIGATION ASSOCIATED WITH CODE VIOLATIONS. City Council. Councilmember Cole made the motion, seconded by Mayor Pro -Tem Beckman, to authorize the City Attorney to proceed as discussed in Executive Session. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — REGARDING PENDING AND POTENTIAL LITIGATION ASSOCIATED WITH OTHON, INC. City Council. Councilmember Cole made the motion, seconded by Councilmember Saboe, to authorize the City Attorney to proceed with the filing of a lawsuit against Othon, Inc. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-24 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BALANCING CHANGE ORDER ASSOCIATED WITH THE MAGNOLIA EXPANSION PROJECT (HARKEY ROAD TO VETERANS DRIVE). Mr. Trent Epperson, Project Director. Page 13 of 14 — 2/9/2009 Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2009-24. Assistant City Manager Mike Hodge stated the total change order amount is $512,539.15 and is broken up into three areas. The areas are cost over -runs, change order items that were called for but not utilized, and extra work items. Staff is recommending approval to finalize the project. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. ADJOURNMENT Meeting was adjourned at 12:24 a.m. Minutes approved as submitted and/or corrected this the 23rd day of February, A.D., 2009. Tom Reid Mayor ATTEST: , �I , d .- ., tary . '� / yy Page 14 of 14 - 2/9/2009