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2009-04-27 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, APRIL 27, 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 7:35 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 Assistant City Manager; Jack Colbath Director of Fire Services; J.C. Doyle Police Chief; Trent Epperson Project Director; Roland Garcia Fire Marshal; Mike Hodge Assistant City Manager; Lata Krishnarao Planning Director; Narciso Lira City Engineer; Claire Bogard Finance Director; Michelle Smith Director of Parks and Recreation; Fred Welch Executive Director of Economic Development Corporation. The invocation was given by Police Chaplain Jerry Skinner and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT April 14, joined Congressman Pete Olson in opening his Clear Lake Office and attended the Pearland Area Chamber of Commerce (Chamber) Candidate Night; April 15, attended the Planning Department Tree Presentation, the Chamber State of the County Luncheon, the Brazoria County Tax Abatement Review Committee Meeting, the Public Transportation Information Forum, the Brazoria County Cities Association Monthly Meeting, and joined City Manager Bill Eisen in a Transit Briefing to the Brazoria County Commissioner; April 16, attended the Chamber Leadership Council Meeting and joined Fire Marshal Roland Garcia, Pearland Area Citizens Corps Executive Director Buck Stevens, and Brazoria County Emergency Management personnel in a Thank You Meeting to Belton, Texas for taking care of Pearland citizens in need; April 18, spoke to the North Brazoria County Democratic Association; April 20, attended the Agenda Meeting, Council Workshops, Joint Public Hearings with the Planning and Zoning Commission, and Chaired the Development Authority of Pearland Meeting; April 21, attended the H -GAC Monthly Board of Directors Meeting, joined the Adult Reading Center in receiving a Lion's Club Grant, presented a Proclamation to Kids Are Kids for Page 1 of 16 — 4/27/2009 National Child's Day, and attended the Republican Women's Candidate Night; April 22, spoke at the Natatorium Ground Breaking; April 23, attended the Chamber Ribbon Cutting for three new businesses and the BayTran Monthly Board of Directors Meeting; April 24, attended the H -GAC Transportation Policy Council Board of Directors Meeting; April 25, attended the City Council Annual Goals Retreat; April 27, attended the Pearland Independent School District Education Committee Meeting. Fire Marshal Roland Garcia stated the City of Pearland is following the progression of the Swine Flu. Citizens should practice good personal hygiene and make sure they cover their mouths when they are coughing or sneezing. There have been no reported cases in the Pearland area, but he will keep everyone informed and updated if any changes occur. Mayor Reid, City Manager Bill Eisen, and Finance Director Claire Bogard presented Sharlene Connevey, Accounts Payable Clerk, Finance Department, with the Employee of the Quarter Award. Mayor Reid and City Manager Bill Eisen presented Police Chief J.C. Doyle, Crime Victim Liaison Gina Mendez, Police Chaplain Jerry Skinner and Jody Thomas, Citizen Police Academy Alumni Association, with a Proclamation proclaiming "Crime Victim's Rights Week." Mayor Reid and Councilmember Kyle presented Tom Ferguson and other motorcycle riders with a Proclamation proclaiming "Motorcycle Safety Awareness Month." Mayor Reid and Councilmember Saboe presented Director of Fire Services Jack Colbath, and Fire Marshall Roland Garcia with a proclaiming "Arson Awareness Week." Mayor Reid and Mayor Pro -Tem Helen Beckman presented Animal Control Supervisor Shari Coleman and Animal Shelter Advisory Committee Member Lisa Jackson with a Proclamation proclaiming "American Humane's Be Kind to Animals Week." Mayor Reid and Pearland Area Citizen Corps (PACC) Executive Director Buck Stevens presented Lyn Atkins, Charadi Bryant, Diana DeMott, Todd McGuire, Theodore Odom, Cody Prichard, Theresa Singletary, Dan Singletary, and Patricia Turner with Citizens Emergency Response Team graduation certificates. COUNCIL ACTIVITY REPORTS Councilmember Owens passed on giving a report. Councilmember Saboe stated Early Voting for the City and Pearland Independent School District Elections started today and he recommends citizens take advantage. Page 2 of 16 — 4/27/2009 Mayor Pro -Tem Beckman reported April 14, she attended the Hike and Bike Committee Meeting and the Connect Transit Meeting at the Westside Event Center; April 15, attended City Planning Day for developers, the Chamber State of the County Event, and the Brazoria County Cities Association Meeting; April 16, attended the Keep Pearland Beautiful Business After Hours Event at the Stella Roberts Recycling Center; April 21, attended the Eyes of Pearland Ride and the Keep Pearland Beautiful Board Meeting; April 22, attended the Natatorium and Recreation Center Groundbreaking; April 24, performed deliveries for Meals on Wheels; April 25, attended the Annual Council Goal Setting Retreat; April 27, attended the Houston Grand Opera presentation at the Knapp Senior Center. Councilmember Kyle stated she has attended the Candidate Forum hosted by the Pearland Police Officers Association and the Chamber which was also presented on youtube.com and citizens can watch the forum at their convenience. She participated in a Candidate Forum hosted by Pearland Area Republican Women, which was a very well -attended event and participated in a study to review transit options in the City in a public meeting on April 15, 2009. The Annual Council Goal Setting Retreat was Saturday, April 25, 2009, where they considered issues that are important to all citizens. The Retreat took six hours and was well worth it. She hopes citizens will review the report when it is available. There will be a Candidate Forum at the Bella Vita Club House on Wednesday, April 29, 2009. Councilmember Cole stated he was appointed to a County Committee which is an Office of Rural Community Affairs (ORCA) Committee that monitors Hurricane Ike relief money that will be flowing into the County. The Committee set the criteria in which projects will compete for these funds and wants to make sure that the needs of cities are being met and not just the wants. He attended the Annual Council Goal Setting Retreat which had a good outcome. There will be a meeting Friday, May 1, 2009, with representatives from the Alvin Community College Board to discuss the need for better comprehensive work force training in the City of Pearland. The educational needs of the City today are not the same as they were in 1995. Mayor Reid asked candidates for the upcoming Election to introduce themselves. Felicia Kyle stated she is currently running for re-election for City Council Position No. 4. She stated she has served on the City Council since 2006. There is a two -term limit and if elected, this will be her second term. Prior to serving on City Council, she served on the Pearland Economic Development Corporation for two terms. She is a business lawyer and has been in the Pearland community as a homeowner and taxpayer since 2000. Tammy Dexter stated she is running in the election for City Council Position No. 2. Ms. Dexter stated she has been a resident of the City for eight years and is a substitute school teacher. Page 3 of 16 — 4/27/2009 Ben Carranza stated he is running in the election for City Council Position No. 2. CITY MANAGER'S REPORT City Manager Bill Eisen stated the City Council Annual Goal Setting Retreat is an annual process where Council sets goals for the upcoming year. He also announced the Summer Concert Series begins Friday, May1, 2009, at the Westside Event Center and will continue for ten weeks. CITIZENS Nancy Kozanecki, 3705 Pine Brand Drive, addressed Council and stated she is representing the Pine Hollow Homeowners Association. The Pine Hollow Subdivision has suffered severe flooding during the recent rain. The detention facility needs to be started and it is preventing the continuation of project work that is already designed and funded by Brazoria Drainage District No. 4 and the detention facility the bond election approved last year. The majority of their interior improvements have been completed and as a Home Owners Association, they have done everything they possibly can to resolve the flooding problem. She would also like to request that weir No. 6 be plugged to prevent Mary's Creek bypass waters flowing through their subdivision. Michael A. Vorholt, 3511 Pine Tree Drive, addressed Council and stated he has resided in the Pine Hollow Subdivision for nine months and in that time his house has flooded three times. He has received information that his house is taking on water at this very moment. In the past seven years the house he lives in has flooded seven times. The flood claims have exceeded over $200,000. He is frustrated and is not sure where else to go, but any help they could get with their drainage issues would be greatly appreciated. David Dickert, 3504 Pine Tree Drive, addressed Council and stated there is clearly an issue with flooding in the Pine Hollow Subdivision that is taking time to fix. He stated there must be some type of temporary fix that could be done to prevent flooding such as a pump on standby that could be used in the event of flooding. Sharon Bradley, 1306 Pine Stream, addressed Council and stated this problem has been being worked on for a decade and she feels this is long enough for a resolution to the problem. The Pine Hollow Subdivision has done its part to rectify the problem and it is urgent the City begins its part to resolve the issues. People's lives are being dramatically affected in already hard economic times and somebody needs to fix the problem. DOCKETED PUBLIC HEARING: None Page 4 of 16 — 4/27/2009 CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the April 13, 2009, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1381 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A WATER CONSERVATION AND DROUGHT CONTINGENCY AND WATER EMERGENCY RESPONSE PLAN FOR THE CITY OF PEARLAND TO PROMOTE RESPONSIBLE USE OF WATER AND TO PROVIDE FOR PENALTIES AND/OR THE DISCONNECTION OF WATER SERVICE FOR NONCOMPLIANCE WITH THE PROVISIONS OF THE WATER CONSERVATION AND DROUGHT CONTINGENCY AND WATER EMERGENCY RESPONSE PLAN. Mr. Narciso Lira, City Engineer. C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-61 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A SUPPLY CONTRACT FOR WASTEWATER POLYMER. Mr. Bill Eisen, City Manager. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-60 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR ELECTRICAL AND SCADA SERVICES. Mr. Bill Eisen, City Manager. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-62 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING AN AMENDED INVESTMENT POLICY, INVESTMENT STRATEGY AND APPROVED BROKERS IN ACCORDANCE WITH CHAPTER 2256 OF THE GOVERNMENT CODE ("PUBLIC FUNDS INVESTMENT ACT'). Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 2000CUP-30 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY, ON PLAT FILED FOR RECORD AS 3.00 ACRES OF LAND OUT OF 14.2863 ACRES OF LAND OUT OF LOTS 6 AND 7 OF A SUBDIVISION IN THE JAMES HAMILTON SURVEY, ABSTRACT 881, IN HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 83, PAGE Page 5 of 16 — 4/27/2009 342, OF THE DEED RECORDS OF HARRIS COUNTY, CITY OF PEARLAND, HARRIS COUNTY, TEXAS (LOCATED AT 1111 SH 288, PEARLAND TX.), CONDITIONAL USE PERMIT APPLICATION NO. CUP2009-06, TO PERMIT A HOTEL, IN THE BUSINESS PARK 288 (BP -288) DISTRICT, AT THE REQUEST OF MEDALLION INVESTMENTS V INC., APPLICANT AND 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. G. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 2000CUP-31 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY, ON PLAT FILED FOR RECORD AS APPROXIMATELY 5,625 SQUARE FEET OF LOT THREE (3) OF THE ALLISON-RICHEY GULF COAST HOME SUBDIVISION OF SECTION TEN (10), H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 505, BRAZORIA COUNTY TEXAS, ACCORDING TO THE RECORDED MAP OR PLAT HEREOF APPEARING IN VOLUME TWO (2), AT PAGE TWENTY-THREE (23) OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (LOCATED AT 7702 THOMSON STREET, PEARLAND TX.), CONDITIONAL USE PERMIT APPLICATION NO. CUP2009-07, TO PERMIT THE CO -LOCATION ON A CELLULAR COMMUNICATIONS TOWER, IN THE SUBURBAN RESIDENTIAL -12 (SR -12) DISTRICT, AT THE REQUEST OF VINCENT GERARD & ASSOCIATES C/O VERIZON WIRELESS, APPLICANT, AND THOMSON 8 MD, OWNERS, 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. Mayor Reid asked that Consent Agenda Item G be removed from the Consent Agenda for further discussion. Page 6 of 16 — 4/27/2009 Councilmember Owens made the motion, seconded by Councilmember Kyle, to adopt Consent Agenda Items A through G with the exception of item G, 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 G was removed for further discussion. G. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 2000CUP-31 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY, ON PLAT FILED FOR RECORD AS APPROXIMATELY 5,625 SQUARE FEET OF LOT THREE (3) OF THE ALLISON-RICHEY GULF COAST HOME SUBDIVISION OF SECTION TEN (10), H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 505, BRAZORIA COUNTY TEXAS, ACCORDING TO THE RECORDED MAP OR PLAT HEREOF APPEARING IN VOLUME TWO (2), AT PAGE TWENTY-THREE (23) OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (LOCATED AT 7702 THOMSON STREET, PEARLAND TX.), CONDITIONAL USE PERMIT APPLICATION NO. CUP2009-07, TO PERMIT THE CO -LOCATION ON A CELLULAR COMMUNICATIONS TOWER, IN THE SUBURBAN RESIDENTIAL -12 (SR -12) DISTRICT, AT THE REQUEST OF VINCENT GERARD & ASSOCIATES C/O VERIZON WIRELESS, APPLICANT, AND THOMSON 8 MD, OWNERS, 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 Owens made the motion, seconded by Councilmember Cole, to approve Ordinance No. 2000CUP-31, as amended. Page 7 of 16 — 4/27/2009 City Manager Bill Eisen stated this item is an application for a Conditional Use Permit to add equipment to an existing cell phone tower for facilities that would serve Verizon Wireless. The Conditional Use Permit was approved by the Planning and Zoning Commission with certain conditions. City Attorney Darrin Coker stated the conditions that were cited by the Planning and Zoning Commission stated the co -location of the antenna will not increase the existing height of135-feet. The tower is actually a 145 -foot tower, but the antenna ray being placed on the tower will not exceed 135 -feet. Councilmember Cole made the motion, seconded by Councilmember Kyle, to amend Ordinance No. 2000CUP-31 to state the co -location of the antennae will not increase the height of an existing 145 -foot cellular communications tower and the antennae will not exceed 133 -feet. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for a vote on the original motion as amended. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS COUNCIL ACTION — RESOLUTION NO. R2009-67 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY. Mr. Trent Epperson, Project Director. Councilmember Saboe made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2009-67. City Manager Bill Eisen stated the first three items are all related to McHard Road east of SH 288. Council will be awarding a contract for the extension of McHard Road from where it ends on its eastern side to Cullen Parkway. There were concerns expressed for the condition of the pavement of the section of McHard Road from SH 288 to where the road terminates on its eastern end. This item is an agreement between the City and Page 8 of 16 — 4/27/2009 Brazoria County to equally share in the cost of the reconstruction of sections of the existing roadway to bring it up to current City standards. The estimated cost is approximately $1.8 million. The area of roadway is not currently located within the City, but will be annexed at a later date. Brief discussion ensued between Council and Project Director Trent Epperson regarding the agreement. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-68 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY MUNICIPAL DISTRICT NO. 4. Mr. Trent Epperson, Project Director. No action taken by Council. COUNCIL ACTION — RESOLUTION NO. R2009-65 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE MCHARD ROAD PROJECT. Mr. Trent Epperson, Project Director. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Cole, to approve Resolution No. R2009-65. City Manager Bill Eisen stated this item relates to the cost sharing work with the City and the County. Prior to the work beginning, it is necessary for certain design work to be completed. The recommended firm is HDR Claunch & Miller, Inc at a cost of $105,350. Councilmember Kyle stated she is glad to see this project being done earlier than expected especially with the grand opening of Glenda Dawson High School. This project was expedited to help Pearland Independent School District with traffic problems they will face with the school being located in this area. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Page 9 of 16 — 4/27/2009 Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-63 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A CONTRACT FOR CELLULAR SERVICES. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Resolution No. R2009-63. City Manager Bill Eisen stated this item is a proposed contract for cellular service for the various departments and employees that are required to have cellular phones or wireless connections to the network. The firm being recommended is Verizon Wireless because of their quality of service and their capabilities during emergency situations and the projected cost of the service is $150,108 for the first year of service. This total is approximately $30,000 less than what was projected in the budget. Councilmember Cole asked if the phone numbers for employees would be changing. City Manager Bill Eisen stated the current phone numbers for employees will remain the same. Councilmember Kyle stated, during the time after Hurricane Ike, she did not have cellular or wireless service and it was very inconvenient. She likes the fact that Verizon Wireless actively came to the City and presented a safety precaution for emergency situations. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-69 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A LEASE AGREEMENT WITH THE PEARLAND CHAMBER OF COMMERCE. Mr. Darrin Coker, City Attorney. Councilmember Cole made the motion, seconded by Mayor Pro -Tem Beckman, to approve Resolution No. R2009-69. City Manager Bill Eisen stated this item is an agreement between the Pearland Area Chamber of Commerce and the City to provide office space in the new Chamber building for Destination Marketing Services Page 10 of 16 — 4/27/2009 City Attorney Darrin Coker stated the Chamber provided information to Council at their last Workshop and several areas of concern for the City have been addressed. Councilmember Kyle stated most of her comments have been addressed by the City Attorney and she feels this is a great project. The only issue she has is under Section No. 4, Capital Improvement Fund; she is fine with the term, but would like some type of notice included on what the balance is and a few minor issues she will give to the City Attorney. In paragraph No. 11, Indemnification and Insurance, the Express Negligence Doctrine, she is not sure if all the requirements to fit within this doctrine have been captured. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-58 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ASSIGNMENT AND ASSUMPTION AGREEMENT ASSOCIATED WITH THE CONSTRUCTION OF WATER AND SEWER IMPROVEMENTS. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2009-58, as amended. City Attorney Darrin Coker stated the next two items are inter -related. The City recently entered into a reimbursement agreement with developers regarding a property located just to the west of SH 288 at Beltway 8. The agreement allowed the developer to install water and sewer improvements to tie into the City's improvement being installed on the opposite side of SH 288. The City was contacted by the developer that was to head up the construction and was informed that there had been financial issues. In this agreement, the City would assume the duties and obligations to construct the improvements and then be entitled to the reimbursements. The estimated cost is approximately $400,000 based on the lowest bid. Councilmember Saboe asked how the City will ultimately pay for this project. The project clearly benefits the City; however, it was not intended for the City to incur the cost of all the improvements in the budget. He asked what the original source was for the project funds. City Manager Bill Eisen stated the City estimated the utility improvements on the east side of to be approximately $2.9 million and the actual bids came in just under $2 million. This excess goes back into the budget and can be allocated to this project. The City will also be reimbursed for the project. Mr. Eisen stated the original source of the funds for the project was the Economic Development Corporation. Page 11 of 16 — 4/27/2009 Discussion ensued between Council, City Manager Bill Eisen, and Executive Director of Economic Development Corporation Fred Welch regarding the project. Councilmember Owens made the motion, seconded by Councilmember Saboe, to amend Resolution No. R2009-58 to include the contingency that the funding will be provided by the Economic Development Corporation. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for a vote on the original motion as amended. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-71 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH WATER AND SEWER IMPROVEMENTS WEST OF SH 288. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Beckman, to approve Resolution No. R2009-71. City Manager Bill Eisen stated the low bidder for this project was Hurtado Construction Company in the amount of $420,095.90. Councilmember Saboe asked when the notice to proceed would be issued. City Engineer Narciso Lira stated the notice to proceed would be issued in approximately two to three weeks. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. Page 12 of 16 — 4/27/2009 COUNCIL ACTION — RESOLUTION NO. R2009-66 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING AND ARCHITECTURAL DESIGN SERVICES ASSOCIATED WITH THE HILLHOUSE SERVICE CENTER PROJECT. Mr. Danny Cameron, Director of Public Works. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2009-66. City Manager Bill Eisen stated the City purchased property near Hillhouse Road as a site for a satellite Public Works located on the west side of the City. There is a five - phase development schedule for this property to be developed for this facility. This item is a proposed contract for engineering and architectural design services associated with the project and the estimated cost is $1,147,500. Councilmember Saboe asked what the amount budgeted intended to cover within the project. Assistant Director of Public Works Jennifer Phan stated the amount budgeted was estimated assuming the City would be doing design and construction in each phase. It was decided it would save the City approximately $60,000 to have all the design work completed at the beginning of the project. Greg Wine, Hewitt—Zollars, stated on a project like this that expands over tim, it is important to consider all the aspects of the design in the beginning. Assistant Director of Public Works Jennifer Phan stated the way the phasing works is that the first phase will be site work and fuel pumps installation; the second phase will be the administration building; the third phase builds the fleet and maintenance facility; the fourth phase adds some storage; and the fifth phase finishes the site. The design is the best it can be for the current expectations and needs of the City. Councilmember Saboe stated it is likely that the City will use the $60,000 pretty quickly and asked if the City really needs to front the design funds to avoid coordination issues in the future. Assistant Director of Public Works Jennifer Phan stated she does feel it is necessary for the City to proceed with the project as it is being proposed to Council. Councilmember Saboe stated he would like to receive more information on the project phases and the cost associated with each phase. Discussion ensued between Council, Assistant Director of Public Works Jennifer Phan, and Greg Wine, Hewitt-rZollars, regarding the project. Page 13 of 16 — 4/27/2009 Councilmember Cole made the motion, seconded by Councilmember Kyle, to table Resolution No. R2009-66. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Tabled 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-70 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REQUESTING THAT TXDOT EXTEND PROPOSED WIDENING AND IMPROVEMENT OF FM 521 TO BROADWAY STREET. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Resolution No. R2009-70. City Manager Bill Eisen TxDOT has notified the City that they are in the early stages of developing a project for the widening of FM 521 from Beltway 8 to Shadow Creek Parkway. The reason they have established that specific scope is that they were not aware of the extension of Broadway to FM 521. Due to the extension of Broadway and the amount of development in the area, the City is requesting that TxDOT consider extending the proposed widening of FM 521 to Broadway. Councilmember Kyle stated she feels this is a great idea that will benefit the City. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-64 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF FRIENDSWOOD FOR THE DISPOSAL OF HOUSEHOLD HAZARDOUS WASTE. Mr. Jon Branson, Assistant City Manager. Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2009-64. City Manager Bill Eisen stated this item is an extension of an existing contract with the City of Friendswood for the disposal by their residents, of hazardous waste by dropping them off at the Pearland Recycling Center. Page 14 of 16 — 4/27/2009 Councilmember Beckman stated she has had people from the City of Friendswood express how much they appreciate this service. Assistant City Manager Jon Branson stated the fee being charged is actually only half of what it cost the City to dispose of the waste being dropped at the recycling center. It is his recommendation that this be the last year the fee is at this rate and in the future, it be brought closer to the actual cost for the disposal. Councilmember Cole stated the Mayor in the City of Brookside asked for something similar to this for the residents of his City. This might be something the City of Pearland could look into having interlocal agreements with other cities. Discussion ensued between Council and City Manager Bill Eisen regarding the agreement. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:50 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. 2. SECTION 551.072 - REAL PROPERTY — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY RIGHT-OF-WAYS. Mr. Darrin Coker, City Attorney. 3. SECTION 551.074 — PERSONNEL MATTERS — DISCUSSION REGARDING CITY MANAGER'S EVALUATION OF PERFORMANCE GOALS FOR 2008 - 2009. City Council. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:20 p.m. COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES. City Council. Page 15 of 16 — 4/27/2009 Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Cole, to authorize the expenditure of Economic Development Corporation funds for Project Heartbeat for the site work, engineering, and, architectural design work associated with the Project Heartbeat. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY RIGHT-OF-WAYS. City Council. No action taken by Council. COUNCIL ACTION — DISCUSSION REGARDING CITY MANAGER'S EVALUATION OF PERFORMANCE GOALS FOR 2008 - 2009. City Council. No action taken by Council. ADJOURNMENT Meeting was adjourned at 11:21 p.m. Minutes approved as submitted and/or corrected this the 11th day of May, A.D., 2009. Tom Reid Mayor ATTEST: Page 16 of 16 — 4/27/2009