2009-08-31 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, AUGUST 31, 2009, AT 7:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 8:15 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Felicia Kyle
Woody Owens
Scott Sherman
Steve Saboe
Kevin Cole
Bill Eisen
Darrin Coker
Young Lorfing
Others in attendance: Jon Branson Assistant City Manager; Danny Cameron Public
Works Director; 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; Jeff Sundseth EMS
Operations Director; Teresa Battenfield Assistant Projects Director; Angela Gantuah
Senior Planner.
The invocation was given by Mayor Tom Reid and the Pledge of Allegiance was led by
Police Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported August 25, he joined Executive Director of Economic Development
Corporation Fred Welch for the State of Elected Officials Breakfast and joined Assistant
City Manager Mike Hodge for the Lieutenant Governor David Dewhurst Luncheon;
August 26, attended the Houston Port Economic Alliance Board of Directors Meeting at
the Pearland Commerce Center; August 27, attended the Pearland Chamber of
Commerce Ribbon -Cutting for Dave Palmer Construction and spoke at the Opening
Ceremony for a Volley Ball Tournament; August 28, he attended the H -GAC
Transportation Policy Council Board of Directors Monthly Meeting and presented a
Proclamation to Miss Universe China recognizing her City of Pearland visit.
Mayor Reid, City Manager Bill Eisen, Assistant City Manager Mike Hodge, and Planning
Director Lata Krishnarao presented Judy Krajca, Secretary, Planning Department, with
the Employee of the Quarter Award.
Page 1 of 14 — 8/31/2009
Mayor Reid, City Manager Bill Eisen, and Assistant City Manager Mike Hodge
presented the Planning and Zoning Commission and Planning Department Staff with
the American Planning Association "Planning Excellence Award 2009."
Mayor Reid and Mayor Pro -Tem Kyle presented Jana Thrash, Government Liaison
Officer with the Houston Chapter of the American Payroll Association, with a
Proclamation proclaiming September 7 — 11, 2009, as National Payroll Week.
COUNCIL ACTIVITY REPORTS
Councilmembers Owens, Sherman, and Saboe passed on giving a report.
Mayor Pro -Tem Kyle stated she attended the Pearland Neighborhood Center Gala that
was a successful event that was enjoyed by all. She also joined Congressman Pete
Olson for a cup of coffee to discuss economic development opportunities in Pearland
and options to secure Federal Funding Grants.
Councilmember Cole stated he has been the Council representative for the North
Brazoria County Education Alliance Board of Directors. The Board has been involved in
strategic planning for the next five years and hopefully, the completed plan will be
delivered to Council within the next month.
CITY MANAGER'S REPORT
City Manager Bill Eisen stated City Facilities will be closed September 7, 2009, in
recognition of Labor Day.
CITIZENS: None.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the July 27, 2009, Special Meeting — Benefit Trust held
at 6:45 p.m.
2. Minutes of the August 10, 2009, Regular Meeting held at 7:30
p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1404 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
ESTABLISHING A JUVENILE CASE MANAGER FUND, TO FUND
Page 2 of 14 — 8/31/2009
CREATION OF A JUVENILE CASE MANAGER PROGRAM IN THE
PEARLAND MUNICIPAL COURT OF RECORD; PROVIDING A
REPEALING CLAUSE, A SAVING CLAUSE AND SEVERABILITY
CLAUSE AND PROVIDING FOR CODIFICATION. Mr. Bill Eisen, City
Manager.
C. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 2000CUP-34 — 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 4.793 ACRE
TRACT OF LAND IN THE W.D.C. HALL LEAGUE SURVEY,
ABSTRACT NO. 70 IN BRAZORIA COUNTY, TEXAS. SAID 4.793
ACRE TRACT IS PART OF A 5.103 ACRE TRACT CONVEYED TO
BETHANY ASSEMBLY OF GOD CHURCH AS RECORDED IN
VOLUME 1158, PAGE 625 OF THE DEED RECORDS OF BRAZORIA
COUNTY, SAID TRACT BEING OUT OF TRACT 1 OF THE
PARTITION OF A 120.44 ACRE AS SHOWN ON THE PARTITION
MAP RECORDED IN VOLUME 6, PAGE 142 IN THE MAP RECORDS
OF BRAZORIA COUNTY, (LOCATED AT 3011 YOST BOULEVARD),
CONDITIONAL USE PERMIT APPLICATION NO. CUP 2009-10, TO
PERMIT A CHURCH IN THE SINGLE FAMILY RESIDENTIAL -1 (R-1)
ZONING DISTRICT, AT THE REQUEST OF CECIL WHITTON,
APPLICANT FOR LIFE POINTE FELLOWSHIP, OWNER,
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EMERGENCY BECAUSE THE
NEED TO REGULATE LAND USE INURES TO THE BENEFIT OF
THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE
HEALTH, SAFETY, AND WELFARE OF THE CITIZENRY.
Mr. Mike Hodge, Assistant City Manager.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Kyle, to adopt
Consent Agenda Items A through C as presented on the Consent Agenda.
Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA None
Page 3 of 14 — 8/31/2009
NEW BUSINESS
FIRST AND ONLY READING OF ORDINANCE NO. 2000CUP-35 — AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A
CONDITIONAL USE PERMIT FOR MARKET OPEN-AIR/FLEA MARKET FOR
CERTAIN REAL PROPERTY, ON PLAT FILED FOR RECORD AS APPROXIMATELY
16.176 ACRE TRACT OF LAND, OUT OF LOTS 83 AND 84 OF THE SUBDIVISION
OF SECTION 2 AND 3, H.T. & B. R.R. CO. SURVEY, ABSTRACT NOS. 542 AND 232,
SITUATED IN BRAZORIA COUNTY, TEXAS, AND APPROXIMATELY 26.162 ACRES
OF LAND LOCATED WITHIN LOT NOS. 83 AND 84 OF THE SUBDIVISION OF
SECTION NOS. 2 AND 3, H.T. & B RY. CO SURVEY, ABSTRACT NOS. 542 AND 232
(LOCATED AT 1014 N. MAIN STREET), CONDITIONAL USE PERMIT APPLICATION
NO. CUP 2009-11, TO PERMIT A MARKET OPEN-AIR/FLEA MARKET IN THE LIGHT
INDUSTRIAL (M-1) ZONING DISTRICT, AT THE REQUEST OF SCOTT MORRISON,
APPLICANT FOR EJC FAMILY PARTNERSHIP LTD., OWNER CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY
BECAUSE THE NEED TO REGULATE LAND USE INURES TO THE BENEFIT OF
THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY,
AND WELFARE OF THE CITIZENRY. Mr. Mike Hodge, Assistant City Manager.
Councilmember Cole made the motion, seconded by Councilmember Saboe, to deny
with prejudice Ordinance No. 2000CUP-35 on its first and only reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for denial of Conditional Use Permit Application No. 2009-11.
City Manager Bill Eisen stated this item is an application by Cole's Flea Market for a
Conditional Use Permit. The Planning and Zoning Commission considered this
application and voted unanimously to deny the application. The item will require a
three-quarter vote by Council to overturn the Planning and Zoning Commission denial.
Mayor Pro -Tem Kyle asked that the significance of denying the item with prejudice is
explained for the record.
City Attorney Darrin Coker stated the Unified Development Code states any land use
application that comes before Council can be simply denied or denied with prejudice.
When an item is denied with prejudice, the applicant cannot reapply for the specific type
of zoning for the property for at least one year.
Councilmember Cole stated the City has issues occurring with Cole's Flea Market and
he does not feel a zone change is the best avenue to resolve these issues. He would
like the Fire Marshal to review issues that became relevant during the zone change
application process. A major concern is a gas line in the area that should possibly not
have structures and parking located above it.
Page 4 of 14 — 8/31/2009
Mayor Reid stated the organization has improved the look and is working diligently to
improve the area.
Councilmember Saboe stated he does appreciate the spirit of cooperation the Cole's
Flea Market team brought to the City and he does not want them to look at the decision
to deny the application in a bad way. He would like to see this organization work.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 2000M-65 — 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,
1.0 ACRE OF LAND DESCRIBED AS LOT 14, BLOCK 3, SKYWAY MANOR
SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN
VOLUME 7, PAGE 67 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(2905 FM 1128, PEARLAND, TX) (ZONE CHANGE APPLICATION NO. 2009-08Z),
FROM CLASSIFICATION SINGLE FAMILY RESIDENTIAL -1 (R-1) TO
NEIGHBORHOOD SERVICES (NS), ON THE REQUEST OF DR. HUGH PETER
PATTON, APPLICANT AND 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 Saboe made the motion, seconded by Councilmember Cole, to
approve Ordinance No. 2000M-65 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. 2009-08Z.
City Manager Bill Eisen stated the requested zone change would accommodate the use
of the property for a dental office and the application was approved by the Planning and
Zoning Commission.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
Page 5 of 14 — 8/31/2009
FIRST READING OF ORDINANCE NO. 1406 — AN APPROPRIATION ORDINANCE
ADOPTING A REVISED BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER
30, 2009 AND ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2009, AND ENDING SEPTEMBER 30, 2010. Mr. Bill Eisen, City
Manager.
Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Sherman, to
approve Ordinance No. 1406 on its first reading.
City Manager Bill Eisen stated the proposed Budget has been the topic of two Public
Hearings. The proposed Budget has been discussed with the exception of one item.
The Pearland Economic Development Corporation contemplated using $2 million in
cash plus some additional debt to construct a building that would be leased back to a
potential business prospect. The Board discussed this and modified the amount of cash
and debt that will be utilized for the project.
Mayor Reid stated the Budget this year was very challenging and he feels Staff did a
good job developing a quality budget for a sensitive year.
City Manager Bill Eisen stated Staff in the Finance Department and Department Heads
did an excellent job establishing proposals and he appreciates Council's involvement
and work.
Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1407 — AN ORDINANCE APPROVING A
PROPERTY TAX INCREASE THROUGH THE ADOPTION OF A TAX RATE OF
$0.6526, WHICH IS A PROPERTY TAX INCREASE OF 0.32% OVER THE
EFFECTIVE TAX RATE AND LEVYING TAXES FOR THE USE AND SUPPORT OF
THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND
PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR
2009. Mr. Bill Eisen, City Manager.
Councilmember Sherman made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 1407 and adopt a tax rate of $0.6526, which is a property tax
rate increase over the effective tax rate of 0.32%
City Manager Bill Eisen stated the motion made by Councilmember Sherman was made
in accordance with State law requirements.
Page 6 of 14 — 8/31/2009
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2009-141 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING GUIDELINES AND
CRITERIA FOR CONSIDERATION OF THE LOCATION OF BIDDERS' PRINCIPAL
PLACE OF BUSINESS IN AWARDING CONTRACTS THROUGH COMPETITIVE
BIDDING; AND PROVIDING AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember Cole, to
approve Resolution No. R2009-141.
City Manager Bill Eisen stated this item is the result of a workshop with regard to
consideration of some type of preference for local bidders when it comes to the
purchase of goods or services by the City. Staff drafted a document that provides up to
a five -percent local preference in bid price for all competitive sealed bids between
$50,000 and $100,000. The document provides a three -percent local preference for all
competitive sealed bids below the $50,000. The document also addresses the scoring
factors for all Request For Qualifications submitted by local vendors.
Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2009-140 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A CONTRACT FOR
DEBRIS MANAGEMENT SERVICES. Mr. Bill Eisen, City Manager.
Councilmember Cole made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2009-140.
City Manager Bill Eisen stated for several years the City has had an interlocal
agreement with the City of Friendswood to participated in a debris management
contract they had established. After Hurricane Ike, the Federal Emergency
Management Agency informed the City that they prefer each City to have their own
debris management agreement. The City has performed the bidding process and is
recommending the firm Ceres Environmental because of their pricing and experience.
Page 7 of 14 — 8/31/2009
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2009-131 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENEWING A CONTRACT FOR
EMS BILLING SERVICES. Mr. Bill Eisen, City Manager.
Councilmember Saboe made the motion, seconded by Councilmember Cole, to
approve Resolution No. R2009-131.
City Manager Bill Eisen stated the City entered into an agreement with ADPI Intermedix
for billing services for EMS Services. The company brought it to the City's attention that
they had an error in billing that had cost the City money and they are proposing to
reimburse the City and lower the percentage they retain for collections they perform.
Mayor Pro -Tem Kyle asked what caused the error in billing.
EMS Director Jeff Sundseth stated there was a problem in the software the company
utilizes for billing. The software was not billing for multiple doses of certain medications.
Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. 2009-137 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
CONSTRUCTION MATERIALS TESTING SERVICES ASSOCIATED WITH THE
MCHARD ROAD EXPANSION PROJECT. Mr. Trent Epperson, Project Director.
Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Saboe, to approve
Resolution No. R2009-137.
City Manager Bill Eisen stated this item relates to materials testing related to the
McHard Road Expansion Project. Staff is recommending the contract be awarded to
Terracon Consultants in the amount of $111,607.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Page 8 of 14 — 8/31/2009
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2009-139 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
THE DESIGN AND INSTALLATION OF AUDIO/VISUAL COMMUNICATIONS
EQUIPMENT FOR THE PUBLIC SAFETY BUILDING. Mr. Trent Epperson, Project
Director.
Councilmember Sherman made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2009-139. After discussion, this item was tabled.
City Manager Bill Eisen stated this item is for audio visual equipment for both the
Municipal Court and the Public Safety Building. Staff is recommending the contract be
awarded to Audio Visual Technologies Group in the amount of $272,199.41.
Mayor Pro -Tem Kyle asked what the term of the contract is and for clarification on
Section 3.2 which states "The City reserves the right to renew this Agreement for up to
four years or the same terms and conditions set forth herein."
Chris Thomason, Audio Visual Technologies Group, stated the contract has a one-year
onsite maintenance policy. After the policy has expired, the City has the option to
renew the policy.
Mayor Pro -Tem Kyle stated the wording in the contract is not clear regarding the terms
or the maintenance policy.
City Attorney Darrin Coker stated it is correct the contract is not clear; however, Council
does have the option to enter into a maintenance contract.
Mayor Pro -Tem Kyle stated she does not believe the proposed contract references
maintenance.
Discussion ensued between Council, City Attorney Darrin Coker, and Chris Thomason,
Audio Visual Technologies Group, regarding the contract.
City Attorney Darrin Coker stated he recommends Council table the item for further
clarification regarding the contract
Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Sherman, to table
Resolution No. R2009-139 for further clarification of the contract.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Page 9 of 14 — 8/31/2009
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2009-138 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE MCHARD ROAD
EXPANSION PROJECT. Mr. Trent Epperson, Project Director.
Councilmember Owens made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2009-138.
City Manager Bill Eisen stated this item is the award of a construction bid for the
McHard Road Expansion Project. The low bidder was Beyer Construction, LLP in the
amount of $4,892,731.62. Some of the cost for this project will be funded by other
entities per agreements with the City.
Councilmember Owens asked if Staff has verified that there is not a bust on Item 15 and
the abutment Class C concrete. He stated the prices of the low bidder are significantly
different from other vendors bidding the contract.
Councilmember Saboe stated he wanted clarification of whether the wall previously
discussed for this project was included in the proposal.
Project Director Trent Epperson stated the wall discussed for the project will be part of a
separate contract.
Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2009-142 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AND ADOPTING
FINANCIAL MANAGEMENT POLICY STATEMENTS. Mr. Bill Eisen, City Manager.
Councilmember Cole made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2009-142.
City Manager Bill Eisen stated Council set a goal related to developing a Financial
Policy that would take into account negative circumstances over time such as a
recession. Staff developed a series of policies which have been reviewed over a period
of three meetings by the audit committee.
Page 10 of 14 — 8/31/2009
Councilmember Sherman stated it appears the word year is missing in Section E2 of
Financial Consultants.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2009-144 — 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. Ms. Michelle Smith, Director of Parks and
Recreation.
Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Kyle, to approve
Resolution No. R2009-144.
City Manager Bill Eisen stated this item is a modification to the original agreement
between the City and the City of Friendswood regarding the disposal of the resident's
hazardous household waste. The change would allow the City to recover seventy -five -
percent of the cost to dispose of these items instead of the current fifty -percent.
Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2009-145 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, NOMINATING A CANDIDATE FOR A
POSITION ON THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL
DISTRICT. Mr. Darrin Coker, City Attorney.
Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2009-145.
Mayor Reid stated he spoke with the current representative, Ed Heathcott, and he is
willing to continue representing the City in the position.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Page 11 of 14 — 8/31/2009
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2009-143 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, NOMINATING A CANDIDATE FOR A
POSITION ON THE BOARD OF DIRECTORS OF THE BRAZORIA COUNTY
APPRAISAL DISTRICT. Mr. Darrin Coker, City Attorney.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Kyle, to
approve Resolution No. R2009-143. After discussion, this item was tabled.
Mayor Reid stated the current representative in this position is Jo Knight, but at this
point she has not been contacted to see if she would like to continue to serve.
Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Kyle, to table
Resolution No. R2009-143 to verify that Jo Knight accepts the nomination as a
candidate for a position on the Board of Directors of the Brazoria County Appraisal
District .
Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2009-146 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
ENGINEERING SERVICES ASSOCIATED WITH THE LONGWOOD WASTEWATER
TREATMENT PLANT. Mr. Trent Epperson, Project Director.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Kyle, to
approve Resolution No. R2009-146.
City Manager Bill Eisen stated this item is in regards to engineering services for plant
rehabilitation at the Longwood Wastewater Treatment Plant. Staff reviewed the
qualifications of four firms and is recommending Malcolm Pirnie, Inc. for a fee of
$66,647.
Discussion ensued between Council and Project Director Trent Epperson regarding the
contract.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Page 12 of 14 — 8/31/2009
Motion Passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:35 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY -
REGARDING PENDING AND POTENTIAL LITIGATION. Mr. Darrin Coker,
City Attorney.
2. SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING THE
SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY - CITY
FACILITIES. Mr. Bill Eisen, City Manager.
3. SECTION 551.087 - CONSULTATION WITH CITY ATTORNEY -
REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Mr. Bill Eisen,
City Manager.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 11:00 p.m.
COUNCIL ACTION - REGARDING PENDING AND POTENTIAL LITIGATION.
No action taken by Council.
COUNCIL ACTION - REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE
OF REAL PROPERTY - CITY FACILITIES. City Council.
No action taken by Council.
COUNCIL ACTION - REGARDING ECONOMIC DEVELOPMENT INCENTIVES.
City Council.
Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Saboe, to approve
all which would ratify the action of the Pearland Economic Development Corporation
including Change Order No. 2 associated with Project Heartbeat and the Phase II
contract and include a contingency that the lease for the project must be executed as a
condition precedent.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Page 13 of 14 - 8/31/2009
Voting "No" None.
Motion Passed 5 to 0.
ADJOURNMENT
Meeting was adjourned at 11:01 p.m.
Minutes approved as submitted and/or corrected this the 28th day of September, A.D.,
2009.
Tom Reid
Mayor
ATTEST:
91
V - I
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