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2009-03-16 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, MARCH 16, 2009, 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 7:17 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 City Manager Bill Eisen Deputy City Attorney Nghiem Doan City Secretary Young Lorfing Others in attendance: Jon Branson Assistant City Manager; Danny Cameron Public Works Director; Narciso Lira City Engineer; Teresa Battenfield Assistant Project Director; Bob Pearce Purchasing Officer. The invocation was given by Mayor Reid and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported February 24, he attended the Pearland Area Chamber of Commerce Ribbon Cutting for the Back Strong Clinic; February 25 — 26, attended Pearland Day in Austin; February 27, attended the H -GAC Transportation Policy Council Board Meeting; February 28, spoke at the Cub Pack No. 414 Blue and Gold Banquet; March 1, spoke at the Nolan Ryan Junior High Dedication and the Eagle Scout Troop No. 416 Court of Honor; March 3, met with the Pearland Economic Development Corporation and the Bio Medical Company; March 4, attended the Agenda Meeting; March 5, spoke at the South East Shrine Club; March 6, attended the Pearland Area Chamber of Commerce review of Pearland Day in Austin, the H -GAC Annual Meeting, and worked with school senior Richard Ryan on a project; March 7, attended the Groundbreaking for the Hindu Temple; March 11 — 12, joined City Manager Bill Eisen in a trip to Washington D.C.; March 13, attended the Pearland Area Chamber of Commerce Business Before Breakfast Event; March 14, spoke at the Troop No. 464 Annual Pancake Supper and presented a Proclamation to Coach Chris Shaddock of Dawson High School. Page 1 of 8 —3/16/2009 COUNCIL ACTIVITY REPORTS Councilmember Owens stated Pearland Day in Austin and Brazoria County Day in Austin were a great success. He stated he commends Chief of Police J.C. Doyle and the officers that were involved in the recent car -jacking attempt and their actions in capturing the fugitive. The deadline for submitting financing applications to TxDOT for pass-through projects is May 12, 2009, and he would like to make sure the City gets its applications submitted before the deadline. Councilmember Saboe stated he would like to thank the neighbors and teams that helped in the car -jacking incident this past week. It was good that the incident happened where it did so the teams could get in and respond the way they did. He was pleased with the response and capture of the fugitive. Mayor Pro -Tem Beckman stated the Police Department did a stellar performance responding to the car -jacking attempt. She reported March 6 and 13, she attended the Red Hat Luncheon Committee Meeting at the Adult Reading Center; March 10, attended the Hike and Bike Committee Meeting of Keep Pearland Beautiful; March 11, attended the Recycling Committee Meeting of Keep Pearland Beautiful; March 13, attended the Pearland Area Chamber of Commerce Business Before Breakfast Event and the H -GAC Annual Meeting; March 14, attended the Environmental Awareness Day at the Recycle Center. Councilmember Kyle said she would expect nothing other than a stellar performance from the City's Police Department and commended the men and women who responded to the car -jacking attempt. She attended the Pearland Day in Austin and went to the Attorney General's Office and was fortunate to arrive at the same time the approval of the City's application to issue Certificates of Obligation for the University of Houston Campus. The Assistant Attorney General was very receptive to hear the City's side of the story and she believes the City's Legal Council has represented the City well. Unfortunately, the Attorney General's office did not issue an approval letter; however, they do support the bill that has been recently submitted to allow the City to issue the Certificates of Obligation. She attended the H -GAC Annual Meeting and it was a good meeting that was informative. She went to Washington D.C. with Mayor Reid, City Manager Bill Eisen, Executive Director of Economic Development Corporation Fred Welch, and Brazoria County Drainage District Commissioner Jeff Brennan, Chairman where they attended several active meetings. Councilmember Cole stated the Pearland Police Department did a great job during the car -jacking attempt. He was pleased to see the Police Department show that the City does not have to deal with criminal situations alone and that it is acceptable to call in neighboring jurisdictions whenever necessary to catch the criminal quickly. Pearland Day in Austin was very productive and got the City in front of the right people who make the decisions in Austin. He attended Brazoria County Day and which had a good Page 2 of 8 —3/16/2009 showing at the Shrimp Boil. At Pearland Day in Austin a group met with David Castillo with TxDOT regarding some of the City's issues. He met him again at the Brazoria County Day in Austin and stated he is coming to the area soon and will be able to discuss the Pass -Through Finance Projects. CITY MANAGER'S REPORT City Manager Bill Eisen stated he has worked for several cities across Texas who have quality Police Departments, but the City of Pearland has the best Police Department he has had the opportunity to work with. The Police Department has the ability to respond to bad situations and know how to get things done. During the trip to Washington D.C. they were able to discuss the Clear Creek Project and were able to get some very helpful information. He announced that Jon Branson has been promoted from Director of Parks and Recreation to Assistant City Manager and stated he feels he will do a great job in the new position. CITIZENS Nancy Kozanecki, 3705 Pine Branch Drive, addressed Council and stated there is a property at 3309 Dixie Farm Road that is in disarray and residents of Pine Hollow have been complaining for some time. The property was finally mowed; however, there is still a collapsed building and a fallen fence. There is damage from Hurricane Ike and the property needs to be cleaned up. There is also a sign on a fence in the area and another one in the area for leasing at Towne Lake. This location is not near Pine Hollow and should be removed. Scarlett Kutch, 3114 East Webber Drive, addressed Council and stated she is the Director for Southwyck Section IV and is representing the Huntington Park Subdivision. As a parent and resident, she has been part of the City of Pearland for three years. The entrance of Huntington Park is a small entrance with a beautiful park next to it. During the baseball season, parents are parking on both sides of the street and it is causing a safety issue in the area. She drives an Expedition and there is barely room for her to drive through the entrance. There are signs in the area forbidding parking, but people still park in the area. The Police do not ticket the parents, but only ask them to move their vehicles. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the February 16, 2009, Special Meeting held at 6:30 p.m. Page 3 of 8 —3/16/2009 2. Minutes of the February 23, 2009, Regular Meeting held at 7:30 p.m. 3. Minutes of the March 2, 2009, Special Meeting held at 6:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-38 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT SUPPLY CONTRACT FOR WATER FITTINGS AND RELATED PARTS. Mr. Bill Eisen, City Manager. C. CONSIDERATION AND POSSIBLE ACTION — EXCUSE COUNCILMEMBER FELICIA KYLE'S ABSENCE FROM THE FEBRUARY 23, 2009, REGULAR COUNCIL MEETING. City Council. D. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE APPOINTMENT OF JON BRANSON TO SERVE IN POSITION NO. 2 ON THE ANIMAL SHELTER ADVISORY COMMITTEE FOR A 3 - YEAR UNEXPIRED TERM EXPIRING NOVEMBER 1, 2010. Mayor Tom Reid. E. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE APPOINTMENT OF GEOFF TONINI TO SERVE IN POSITION NO. 4 ON THE LIBRARY BOARD FOR A 3 -YEAR TERM EXPIRING NOVEMBER 1, 2011. Mayor Tom Reid. Mayor Reid asked that Consent Agenda Item C be removed from the Consent Agenda for further discussion. Councilmember Owens made the motion, seconded by Councilmember Saboe, to adopt Consent Agenda Items A through E with the exception of item C, as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA As requested by Mayor Reid Consent Agenda Item C was removed for further discussion. Page 4 of 8 —3/16/2009 C. CONSIDERATION AND POSSIBLE ACTION — EXCUSE COUNCILMEMBER FELICIA KYLE'S ABSENCE FROM THE FEBRUARY 23, 2009, REGULAR COUNCIL MEETING. City Council. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Beckman, to excuse the Councilmember Felicia Kyle's absence from the February 23, 2009 Regular Council Meeting. Voting "Aye" Councilmembers Cole, Beckman, Saboe, and Owens. Voting "Abstain" Councilmember Kyle. Voting "No" None. Motion Passed 4 to 0, with one abstention. NEW BUSINESS COUNCIL ACTION — RESOLUTION NO. R2009-39 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING INTENTION TO REIMBURSE PROJECT EXPENDITURES. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Owens, to approve Resolution No. R2009-39. City Manager Bill Eisen stated Council will be seeing the outcome of the bid process for this item soon. The schedule for the sale of Bonds was originally that the sale would occur over three fiscal years, but it will actually be completed over two fiscal years. This item is a Resolution that will allow the City to spend funds and then reimburse itself when the Bond sale is complete. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-31 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE PEARLAND PARKWAY WATERLINE EXTENSION. Mr. Danny Cameron, Director of Public Works. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2009-31. Page 5 of 8 —3/16/2009 City Manager Bill Eisen stated this item is for the construction of a waterline along Pearland Parkway from Oiler Drive to Shadycrest Drive to provide an additional source of water to the Shadycrest Subdivision. The low bidder was Centertex Constructors, LLC with a total bid of $52,248.42. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-37 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ELECTION SERVICES AGREEMENT WITH BRAZORIA COUNTY. Mr. Young Lorfing, City Secretary. Councilmember Kyle made the motion, seconded by Councilmember Owens, to approve Resolution No. R2009-37. City Manager Bill Eisen stated this is an agreement similar to previous agreements to allow a Joint Election to be held with the City, Brazoria County, and Independent School District. Holding a Joint Election allows voters to vote in one location for several races on Election Day. The agreement is similar or identical to prior years with minor changes. City Secretary Young Lorfing stated there are three voting location changes in the proposed agreement. The changes are that the City Hall location is being moved to the Knapp Activity Center; Alvin Independent School District has requested their Mary Marek Elementary School location move to the Nolan Ryan Junior High School; and the Silver Lake Elementary School location be moved to the Silverlake Recreation Center. Councilmember Cole asked if the move to the Melvin Knapp Senior Center is planned to be a permanent move or a temporary move. City Secretary Young Lorfing stated the voting locations would be a decision for Council to consider. The City has the Election information on the City's Webpage and he invites everyone to review it and contact the City Secretary's Office if they have any changes or suggestions. Early Voting begins Monday, April 27, 2009, through Friday, May 1, 2009 from 8:00 a.m. to 5:00 p.m., Saturday, May 2, 2009, from 7:00 a.m. to 7:00 p.m. and then Monday, May 4, 2009 and Tuesday, May 5, 2009 from 7:00 a.m. to 7:00 p.m. The telephones will be open during these hours for any Election related questions. Page 6 of 8 —3/16/2009 Councilmember Cole asked if Alvin Independent School District stated why they were moving the voting location from Mary Marek Elementary School. City Secretary Young Lorfing stated the change information came from the County and did not include an explanation. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-30 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES ASSOCIATED WITH THE MCHARD ROAD EXTENSION PROJECT. Mr. Trent Epperson, Project Director. Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2009-30. City Manager Bill Eisen stated this item is a request for Council to authorize entering into a contract with Construction & Management Professionals to provide Construction Management and Construction Inspection Services for the McHard Road Extension. The recommendation is based on prior experience with the firm involved. Voting "Aye" Councilmembers Kyle and Beckman. Voting "No" Councilmembers Cole, Saboe, and Owens. Motion Failed 3 to 2. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 7:59 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 7 of 8 —3/16/2009 2. SECTION 551.072 - REAL PROPERTY — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY RIGHT-OF-WAYS. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 8:37 p.m. COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES. City Council. No action taken by Council. COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY RIGHT-OF-WAYS. City Council. No action taken by Council ADJOURNMENT Meeting was adjourned at 8:38 p.m. Minutes approved as submitted and/or corrected this the 23rd day of March, A.D., 2009. lc_—� vYy .s4 Tom Reid Mayor ATTEST: Page 8 of 8 —3/16/2009