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2009-12-14 CITY COUNCIL REGULAR MEETING MINUTES - 7:00PMMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, DECEMBER 14, 2009, AT 7:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 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 Felicia Kyle Councilmember Woody Owens Councilmember Scott Sherman Councilmember Steve Saboe Councilmember Kevin Cole City Manager Bill Eisen City Attorney Darrin Coker Deputy City Secretary Sonia Webb 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; Mike Hodge Assistant City Manager; Lata Krishnarao Planning Director; Narciso Lira City Engineer; Claire Bogard Finance Director; Michelle Smith Director of Parks and Recreation; Andrea Brinkley Project Manager; John Knight Information Technology Manager; Ed Grossenheider Parks and Building Maintenance Superintendent, Bob Pearce Purchasing Officer. 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 November 1, he met with the District Engineer of the Corps of Engineers; December 1, met with the St. Helen's Association and attended the Neighborhood Center Soup Kitchen; December 2, joined Assistant City Manager Jon Branson at the University of Houston Clear Lake Christmas Reception; December 3, attended the Houston Humane Society Open House; December 4, joined City Manager Bill Eisen for the 169 Annual Meeting; December 5, joined City Council Members for the Annual Christmas Parade; December 6, cut the ribbon for the Sri Meenakshi Temple Visitor's Center; December 7, attended the Agenda Meeting and the Council Workshops; December 8, presented Graduation Certificates to CERT Class Number Seven; December 9-11, attended the Texas Association Regional Council Quarterly Meeting; December 12, attended the Back Porch Production Christmas Play; December 13, attended the Lighting of Menorah Candles at the Sparks Pavilion at the Pearland Town Center; December 14, attended the Turning Point Board Meeting, presented a Page 1 of 13 — 12/14/2009 — 7:00 p.m. Proclamation to Coach Steve Buckelew, Pearland High School, for his 500th Win, and attended the Pearland Economic Development Corporation Board Meeting. Mayor Tom Reid, City Manager Bill Eisen and Assistant City Manager Jon Branson presented Planning Director Lata Krishnarao and Parks and Building Maintenance Superintendent Ed Grossenheider with a Certificate of Recognition for successfully completing the LEED Green Associate Certification from the U.S. Green Building Council. COUNCIL ACTIVITY REPORTS Councilmember Owens stated he attended the City of Pearland Holiday Parade. He wishes everyone a very Merry Christmas and a great New Year and hopes everyone will have a safe holiday. Councilmember Sherman reported he attended the City of Pearland Holiday Parade. On December 2, he spoke to the Government Class at Alvin Community College; December 8 attended the SH288 Business Corridor Connect Meeting at Shadow Creek Ranch; December 13, and participated in the first ever Menorah Lighting at the Pearland Town Center. Councilmember Kyle thanked everyone and stated we had a good year despite the economy. She spoke at the SH288 Business Corridor Connect Meeting; visited with the Gateway Group as they were making presentations to various stakeholders in the Spectrum District; attended the City of Pearland Holiday Parade and attended the 2009 Greater Houston Women's Chamber of Commerce Hall of Fame Banquet. Councilmember Saboe stated he attended the City of Pearland Holiday Parade. He wished a Merry Christmas to everyone. He stated he feels blessed to live in this community and country and to have the opportunity to serve. He feels privileged to be here, continues to be proud to be part of what we do, and appreciates everyone's effort to make this a special place. He attended the Breakfast with Santa Event at the Silverlake Club House. Councilmember Cole stated he attended the City of Pearland Holiday Parade. He stated we had a good year here at the City of Pearland despite the downturn in the economy. He attended the Breakfast with Santa at Silverlake Club House, Spectrum Planning Initiative with Gateway, the Commerce Development where he was provided with updates about what is happening with TxDOT in our area relative to our membership. They shared information regarding the Northeast corner of FM518 and SH288 frontage roads and getting access out to the frontage road process He stated it is good for our Chamber of Commerce to have correct information to provide to members. He congratulated the Dawson High School Eagles on the awesome job they did this year. A second year varsity football team making it to the state semi finals and Page 2 of 13 —12/14/2009 — 7:00 p.m. making it one game shy of a state championship game is phenomenal and he is proud of their achievement. CITY MANAGER'S REPORT City Manager Bill Eisen stated the Parks and Recreation Department worked very hard in conjunction with the management of the Pearland Town Center to create a special event at the Pearland Town Center. Unfortunately that event was cancelled due to weather, but there is another opportunity for the public with Winterfest. Winterfest is January 9, 2009. He recognized Director of Emergency Medical Services Jeff Sundseth for receiving this Designation of Chief Medical Officer Certification given by the Commission on Professional Credentialing of the Center for Public Safety Excellence. He is one of the first 50 people in the world to receive that designation. The City is very proud and wants to congratulate Jeff on his efforts. He appreciates the Council recognizing the efforts of the City Staff and he wished to do the same in a year that had some financial challenges. The City Staff, Department Heads and everyone at the City have really stepped up to provide service to the citizens of the community. He appreciates the opportunity to work with a Council which is very visionary and always looks at things from the standpoint of what is best for the citizens of the city and community. He and Staff feel privileged to work for and with the City Council. CITIZENS Helen Beckman, 2705 Churchill Street, addressed Council and stated she wished to thank the Parks and Recreation Department, Police Department and EMS Department bicycle patrol, who acted as ride marshals, and participated in the 16th Annual Tour de Lights in Green Tee. The money raised every year is used for the hike and bike trails in Pearland. She stated that she wanted to thank Joe Guerrero for always being there if needed for emergency help. She also wished to say how proud she is of Lata Krishnarao and Ed Grossenheider for achieving LEED certification. Keep going green! DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the November 23, 2009, Regular Meeting held at 7:30 p.m. 2. Minutes of the November 30, 2009, Special Meeting held at 6:00 p.m. 3. Minutes of the November 16, 2009, Joint Public Hearings held at 6:30 p.m. Page 3 of 13 — 12/14/2009 — 7:00 p.m. 4. Minutes of the December 7, 2009, Special Meeting held at 6:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 187-3 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 15, ARTICLE II, LIBRARY BOARD, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME AMENDED; AND CONTAINING OTHER MATTERS RELATING TO THE SUBJECT; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-200 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR HVAC SERVICES. Mr. Bill Eisen, City Manager. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-199 — 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. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-198 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF A FLEET MANAGEMENT SOFTWARE SYSTEM. Mr. Bill Eisen, City Manager. Councilmember Sherman asked that Consent Agenda Item D be removed from the Consent Agenda for further discussion. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Kyle, to adopt Consent Agenda Items A through E with the exception of item D, as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA Page 4 of 13 — 12/14/2009 — 7:00 p.m. As requested by Councilmember Sherman Consent Agenda Item D was removed for further discussion. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-199 — 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 Owens made the motion, seconded by Mayor Pro -Tem Kyle, to approve Resolution No. R2009-199. City Manager Bill Eisen stated this is for the purchase of twenty-five vehicles. They are not the only ones in the budget. They are the ones that The City believes are important that we proceed with; some are replacements and some are to accommodate new personnel primarily in the Police Department. The contract for purchase is proposed to be awarded to Philpott Motors in the amount of $539,879.75. Councilmember Sherman stated the reason he asked for this to be pulled from the Consent Agenda is that this is half -million dollar expenditure and when we spend that amount of money, we should inform everyone in the audience what we are spending it on. Councilmember Kyle stated she concurred. If we are going to spend that amount of money, we should put it on the Regular Agenda as New Business and let the public know about it. Voting "Aye" Councilmembers, Cole, Saboe, Kyle, and Sherman, Owens. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS FIRST READING OF ORDINANCE NO. 2000M-67 — 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, LOCATION BEING APPROXIMATELY A 142.9664 ACRES OF LAND OUT OF PEARLAND TOWN CENTER, A SUBDIVISION OF 143.6500 ACRES AS RECORDED UNDER FILE NUMBER 2007008914 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, AND SITUATED IN THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 300, SECTION 81, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS, Page 5 of 13 — 12/14/2009 — 7:00 p.m. LOCATED AT THE PEARLAND TOWN CENTER, GENERALLY LOCATED ON THE SOUTH SIDE OF BROADWAY, BETWEEN KIRBY DRIVE AND BUSINESS CENTER DRIVE, (ZONE CHANGE APPLICATION NO. 2009-13Z), FOR AN AMENDMENT TO ORDINANCE NO. 2000M, THE ZONING MAP OF THE CITY OF PEARLAND, FOR APPROVAL OF A CHANGE IN ZONING DISTRICT FROM CLASSIFICATION PLANNED DEVELOPMENT DISTRICT (PD) TO PLANNED DEVELOPMENT DISTRICT (PD), AN AMENDMENT TO THE EXISTING PD FOR PEARLAND TOWN CENTER TO ADD OFF-SITE SIGNAGE AND DESIGN GUIDELINES, AT THE REQUEST OF CBL AND ASSOCIATES, 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 Sherman made the motion, seconded by Mayor Pro -Tem Kyle, to approve Ordinance No. 2000M-67 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. 2009-13Z. City Manager Bill Eisen stated this Ordinance, if approved by City Council, would allow off -premise advertising to be located in the Pearland Town Center property at a location specified in the document that is typically not allowed under the City's Ordinances. Council and Planning & Zoning have held two Workshops and a Public Hearing on this item. The Planning and Zoning Commission voted 5 to 0 in favor of approving this ordinance and is recommending its approval to the City Council. Councilmember Owens was absent from the Chamber with a pre -requested application for an excused absence. Voting "Aye" Councilmembers Cole, Saboe, Kyle, and Sherman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. FIRST READING OF ORDINANCE NO. 2000M-70 — 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, LOCATION BEING APPROXIMATELY A 15 ACRE TRACT OF LAND OUT OF THE DISSEN CALLED 136.995 ACRE TRACT, RECORDED IN VOLUME 505, PAGE 86, OF THE DEED OF RECORDS OF BRAZORIA COUNTY, TEXAS, SITUATED IN THE THOMAS J. GREEN SURVEY, ABSTRACT 198, BRAZORIA COUNTY, TEXAS, AND Page 6 of 13 — 12/14/2009 — 7:00 p.m. A 26.9158 ACRE TRACT OF LAND IN THE THOMAS J. GREEN SURVEY, ABSTRACT 165, BRAZORIA COUNTY, TEXAS AND BEING A PART OF THAT CERTAIN 136.955 ACRE TRACT CONVEYED FROM JENNIE J. SETTLEGAST, ET AL, TO W.J. DISSEN BY INSTRUMENT RECORDED IN VOLUME 505, PAGE 86, OF THE DEED OF RECORDS OF BRAZORIA COUNTY, TEXAS, AND 5.7375 ACRES OF LAND BEING SITUATED IN THE W.D.C. HALL SURVEY, ABSTRACT NO. 23, HARRIS COUNTY, TEXAS, AND BEING OUT OF 468.92 ACRE TRACT BEING MORE FULLY DESCRIBED IN VOLUME 1676, PAGE 362 OF THE DEEDS OF RECORDS OF HARRIS COUNTY, TEXAS SAID 1.3366 ACRES IN HARRIS COUNTY TEXAS, AND GENERALLY LOCATED ON THE EAST SIDE OF PEARLAND PARKWAY, NORTH OF BROADWAY, WEST OF COUNTRY CLUB DRIVE, (ZONE CHANGE APPLICATION NO. 2009-11Z), FROM PLANNED DEVELOPMENT DISTRICT (PD) TO PLANNED DEVELOPMENT DISTRICT (PD), AN AMENDMENT TO THE EXISTING PD FOR PROVINCE VILLAGE PLANNED DEVELOPMENT DISTRICT (PD), LJA ENGINEERING & SURVEYING, INC., APPLICANT FOR TEXPROJ 2008 LLC, 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. Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Sherman, to approve Ordinance No. 2000M-70 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. 2009-11 Z. City Manager Bill Eisen stated this zoning case relates to the Province Village tract described in the motion which would allow for certain portions of the property near Pearland Parkway to be rezoned for office and commercial type uses. There were a number of issues raised regarding the project and the Planning & Zoning Commission's recommendations for specific identified issues are included in the material provided. The Planning & Zoning Commission's recommendation is to approve the change as described in the materials. Voting "Aye" Councilmembers Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION — RESOLUTION NO. R2009-202 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A DESTINATION MARKETING Page 7 of 13 — 12/14/2009 — 7:00 p.m. AGREEMENT WITH THE PEARLAND CHAMBER OF COMMERCE. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Cole, to approve Resolution No. R2009-202. After discussion, this item was tabled. City Manager Bill Eisen stated that during the budget process this year, Council approved an agreement with the Chamber of Commerce for the Destination Marketing Division. You are being asked to formally approve a contract with that budget included. The Chamber has proposed some modifications to that original budget that Council adopted, along with the City budget. Due to the economic downturn, particularly in the hotel industry, hoteliers have asked the Destination Marketing Group to expand its marketing program to assist those hotels through this difficult time which the City Staff supports and agrees with. The Chamber is proposing to add an additional $20,000 of funding to those marketing programs and is making some adjustments in the budget so that the overall effect is an increase of approximately $5,300. Councilmember Kyle stated that overall we are proposing a thirty-two percent increase to their budget in 2010 which is a little extreme due to the economic climate we are in especially since tourism is down. We ought to be very focused on our expenditures to attract the right tourism. On the operating expense, where are we making the cuts being proposed and how were they were selected. On the advertising budget, she finds it perplexing in today's internet economy that we are proposing to have a one hundred twenty percent increase to print advertising when the impact was to attract more business travelers. Internet is how she makes her arrangements or through travel services. She asked, why we would add one hundred twenty percent to print advertising to attract more business. City Manager Bill Eisen stated the changes in the advertising marketing area came about as a result of very direct input from hotels based on their experience as to what has been most effective to them to produce room stays. Conversations occurred with them and the Destination Marketing Group. Bryan Roller, Vice President of Tourism, provided Council with a detailed accounting of the proposed changes to the budget. Discussion ensued between Council, City Manager Bill Eisen and Vice President of Tourism Bryan Roller. Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Cole, to table Resolution No. R2009-202 to allow Council to receive more data supporting the proposed budget. Voting "Aye" Councilmembers Cole, Saboe, and Kyle. Page 8 of 13 —12/14/2009 — 7:00 p.m. Voting "No" Councilmember Sherman. Motion Passed 3 to 1, with Councilmember Owens absent. COUNCIL ACTION — RESOLUTION NO. R2009-201 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING THE KIRBY RAIL ROUTE AS THE PREFERRED PASSENGER ROUTE IN NORTHERN BRAZORIA COUNTY AND WITHIN THE CITY LIMITS OF PEARLAND. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2009-201. After discussion, this item was tabled. City Manager Bill Eisen stated this resolution was drafted by Assistant City Manager Jon Branson who is heading up some of our efforts in the mass transit area. This Resolution designates the Council's preference that Kirby Drive right-of-way be the alignment of the first commuter line to serve this area. Councilmember Cole made the motion, seconded by Mayor Pro -Tem Kyle, to amend Resolution No. R2009-201 to include wording referring to the City of Houston, Harris County and the Medical Center. Voting "Aye" Councilmembers Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. Councilmember Cole made the motion, seconded by Councilmember Saboe, to table Resolution No. R2009-201 to allow Staff to make the requested amendments. Voting "Aye" Councilmembers Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION — RESOLUTION NO. R2009-203 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING AN UPDATED HAZARD MITIGATION PLAN IN ACCORDANCE WITH THE REQUIREMENTS OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY. Mr. Bill Eisen, City Manager. Page 9 of 13 — 12/14/2009 — 7:00 p.m. Councilmember Sherman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2009-203, as amended. City Manager Bill Eisen stated three or four years ago the City adopted the Hazard Mitigation Plan. Periodically those plans must be updated for several reasons: one, as a planning tool for the City in the emergency response entities within the City two, to remain eligible to receive Federal Emergency Management Agency (FEMA) Grants. We are at that time now where it needs to be updated. The formal process is that The City has to indicate to FEMA that it supports the plan as written by FEMA. FEMA then has to approve it before The City can adopt it. The Resolution will need to be amended to change the word adopt to support. Discussion ensued between Council and City Attorney Darrin Coker. Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Kyle, to amend Resolution No. R2009-203 to change the word "Adopt" to "Support." Voting "Aye" Councilmembers Cole, Saboe, Kyle, and Sherman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens Absent. Mayor Reid called for a vote on the original motion as amended. Voting "Aye" Councilmembers Cole, Saboe, Kyle, and Sherman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens Absent. COUNCIL ACTION — RESOLUTION NO. R2009-197 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE AND INSTALLATION OF VOICE AND DATA EQUIPMENT FOR THE PUBLIC SAFETY BUILDING. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2009-197. City Manager Bill Eisen stated this Resolution is awarding a bid for communications equipment within the Public Safety Building. The project is proposed to be awarded to Alcatel -Lucent Voice and Data Solution in the amount $208,261.76. This is the same company and equipment that will be installed in the new Natatorium Recreation Center. Page 10 of 13 — 12/14/2009 — 7:00 p.m. Voting "Aye" Councilmembers Cole, Saboe, Kyle, and Sherman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION — REMOVE FROM THE TABLE RESOLUTION NO. R2009-194 AND RESOLUTION NO. R2009-195. City Council. Councilmember Saboe made the motion, seconded by Councilmember Cole, to remove Resolution No. R2009-194 and Resolution No. R2009-195 from the table. Voting "Aye" Councilmembers Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION — RESOLUTION NO. R2009-194 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE APPLICATION FOR THE STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE ("SAFER") GRANT THROUGH THE U.S. DEPARTMENT OF HOMELAND SECURITY'S FEDERAL EMERGENCY MANAGEMENT AGENCY. Mr. Bill Eisen, City Manager. COUNCIL ACTION — RESOLUTION NO. R2009-195 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE APPLICATION FOR THE STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE ("SAFER") GRANT THROUGH THE U.S. DEPARTMENT OF HOMELAND SECURITY'S FEDERAL EMERGENCY MANAGEMENT AGENCY. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Cole, to approve Resolution No. R2009-194 and Resolution No. R2009-195. Discussion ensued between Council and Fire Chief Jack Colbath. Voting "Aye" Councilmembers Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. Page 11 of 13 — 12/14/2009 — 7:00 p.m. COUNCIL ACTION — RESOLUTION NO. R2009-204 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR LIGHTING SERVICES ASSOCIATED WITH THE CENTENNIAL PARK SOFTBALL FIELDS. Ms. Michelle Smith, Director of Parks and Recreation and Mr. Ed Grossenheider, Parks & Building Maintenance Superintendent. Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2009-204. City Manager Bill Eisen stated this was originally part of the Grant with Federal Energy Grant funds under Energy Efficient and Conservation Block Grant. At that time, we thought we would be able to do three fields with the amount of funding that we requested, however, with more favorable pricing, it looks as though we will be able to do all four fields in that area. This will replace bulbs and ballast with the more energy efficient type of equipment that should result in a fairly significant savings to the City. Voting "Aye" Councilmembers Cole, Saboe, Kyle, and Sherman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION — RESOLUTION NO. R2009-196 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR LANDSCAPE SERVICES ASSOCIATED WITH THE MAGNOLIA ROAD PROJECT (PHASE 1). Mr. Trent Epperson, Project Director. Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Kyle, to approve Resolution No. R2009-196. City Manager Bill Eisen stated this Resolution is an award of a landscaping contract for the section of Magnolia Road which was identified as the Phase I Section between McClean Road and Harkey Road. The low bidder is Westco Grounds Maintenance Company in the amount of $266,443.10. The landscape architect that did the design on this project is familiar with this company and he believes they do good work at a reasonable price. The recommendation is to move ahead with the low bidder. Discussion ensued between Council, City Manager Bill Eisen and Project Director Trent Epperson. Voting "Aye" Councilmembers Sherman, Kyle, Saboe, and Cole. Voting "No" None. Page 12 of 13 — 12/14/2009 — 7:00 p.m. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION — RESOLUTION NO. R2009-205 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ISSUANCE OF TAX EXEMPT BONDS BY THE SOUTHEAST TEXAS HOUSING FINANCE CORPORATION. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2009-205. City Manager Bill Eisen stated this is a Federal program that provides assistance to first time home buyers. The Southeast Texas Housing Finance Corporation (SETH) provides that service in this general area. They cannot offer that program within the city limits of a city of more than 20,000 residents unless the City Council of that city consents to allow them to do so. This is what this Resolution allows them to do. Discussion ensued between Council and City Manager Bill Eisen. Voting "Aye" Councilmembers Cole, Saboe, Kyle, and Sherman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. ADJOURNMENT Meeting was adjourned at 8:50 p.m. Minutes approved as submitted and/or corrected this the 11th day of January, A.D., 2010. Tom Reid Mayor ATTEST: Page 13 of 13 — 12/14/2009 — 7:00 p.m. THIS PAGE LEFT BLANK INTENTIONALLY