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2010-04-26 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, APRIL 26, 2010, AT 7:30 P.M., AT THE PUBLIC SAFETY BUILDING, 2555 CULLEN PARKWAY, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:30 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; J. C. Doyle Police Chief; Trent Epperson Project Director; Mike Hodge Assistant City Manager; Narciso Lira City Engineer; Claire Bogard Finance Director; Michelle Smith Director of Parks and Recreation; Jeff Sundseth EMS Director; David Whittaker Director of Inspection Services; Teresa Battenfield Assistant Project Director; Rick Overgaard, Assistant Finance Director; Glen Turner Interim Fire Chief; Letitia Farnie Municipal Court Judge, Ed Grossenheider Parks and Building Maintenance Superintendent. 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 April 13, he attended the Brazoria County Tax Abatement Review Committee Meeting with Brazoria County Judge E. J. "Joe" King; April 14, presented a Proclamation to Kids -R -Kids, joined Assistant City Manager Jon Branson at the BAYTRAN Luncheon and attended the Chamber of Commerce Candidate Forum; April 15, attended the Chamber of Commerce Monthly Luncheon and the Gulf Coast Water Authority Board of Directors Meeting; April 16, spoke at Dawson Junior NROTC First Annual Ball; April 17, attended the Council Retreat; April 18, attended the Classical ARTS Society Presentation; April 19, attended the Agenda Meeting, the Pearland Independent School District Educational Improvement Committee Meeting, the Council Workshop and Special Meeting; April 20, attended the Houston -Galveston Area Council Monthly Board of Directors Meeting and the Republican Women's Candidate Night; April 21, attended the Northern Brazoria County Educational Alliance Awards Breakfast and presented a Proclamation to a Huntington Center Student; April 22, attended three Chamber of Commerce new business ribbon cuttings, attended the BAYTRAN Board of Page 1 of 18 — 4/26/2010 Directors Meeting and The Keep Pearland Beautiful Chamber After Hours Event; April 23, attended the Houston -Galveston Area Council Transportation Policy Board of Directors Meeting; April 24, attended the Forgotten Angels Event. Mayor Reid and Councilmember Sherman presented a proclamation to Tom Ferguson, Denise Ferguson, Jeff Denison, Mike Stritz, Kim Stritz, Ralph Helton, Daniel Landsford, Bryan Griffith and Todd Baker proclaiming May 2010 as "Motor Cycle Safety and Awareness Month". Mayor Reid and Mayor Pro -Tem Kyle presented a proclamation to Trent and Sheridan Henley and students from Pearland High School and Dawson High School proclaiming June 4, 2010 as "Project Graduation Day". The National Arbor Day Foundation presented a plaque to Mayor Reid awarding the City of Pearland with the Tree City USA designation. They also presented Keep Pearland Beautiful and the Parks and Recreation Board with a flag to be flown at City Hall. COUNCIL ACTIVITY REPORTS Councilmember Owens reported several candidate forums were held on April 14: the Westside Republican Women, the Chamber of Commerce and the Police Association. On April 20, the Pearland Republican Women held their Meeting and Candidate Forum. He reported the Northern Brazoria County Education Alliance held a tour and luncheon. On April 15, he attended the Chamber of Commerce Luncheon and Commerce Meeting. On April 17, he attended the Council Retreat. Councilmember Sherman and Mayor Pro -Tem Kyle passed on giving a report. Councilmember Saboe reported he attended the Future Problem Solvers Program State Finals in Austin. He reported the "Project Siesta" team won first place at the State Conference Finals and is going to the international finals in Wisconsin in June 2010. He stated the Pearland Independent School System was significantly represented at the finals. Pearland won first or second place in three divisions. Councilmember Cole stated we need to celebrate successes at all levels in our community. He reported, at the Northern Brazoria County Education Alliance Breakfast, Weatherford was presented with the Industry of the Year Award. He reported he hosted a 3rd Annual Golf Tournament for a private school. He attended the Stars on Broadway Program which was a fundraiser for Forgotten Angels. Mayor Reid recognized Brazoria County Commissioner Stacy Adams, Brazoria County Commissioner Mary Ruth Rhodenbaugh, Pearland Independent School District School Board Member Virgil Gant, Pearland Independent School District School Board President Dr. Glen Garrison, Mike O'Day former State Representative and Municipal Court Judge Letitia Farnie Page 2 of 18 — 4/26/2010 CITY MANAGER'S REPORT City Manager Bill Eisen stated the Advancing Women in Transportation Houston Chapter recognized the City for the FM 518 corridor improvements and presented the City, and in particular Assistant City Engineer Andrea Broughton, with the 2010 Innovative Transportation Solution WTS Houston International Chapter Award. He thanked City Engineer Narciso Lira, Assistant City Engineer Andrea Broughton and Public Works Director Danny Cameron for their efforts. Mr. Eisen also thanked Police Chief J.C. Doyle and members of his senior staff, Municipal Court Administrator Pat Riffel, Judge Letitia Farnie and Project Manager Skipper Jones for their contributions getting the Public Safety Building to the stage it is today. CITIZENS Pat Onstead, 2312 Echo Harbor Drive, Pearland, addressed Council and stated he was there to advocate for more multi use fields for multiple sports at the Shadow Creek Ranch Sports Complex which is heavily weighted for baseball right now. Ted Kalivoda, 11506 Starlight Bay Court, Pearland stated he is the President of the Shadow Creek Ranch Soccer Club. He is requesting that Council form a study working group to possibly make adjustments toward future growth in the Max Road Sports Complex. There are six soccer fields listed and we need ten to twelve. He stated Max field is maxed out. In the future, football and cricket will also be using this. It is open to the public. The Club will be hosting the Houston Youth Soccer Teams in Pearland. He stated, even more teams will be coming to Pearland. He requests Council create a study group to examine the numbers and to consider rebalancing the shift toward multipurpose fields and eight baseball fields. Laura Jobe, 1011 E. Belgravia Drive, Pearland, addressed Council and stated she feels all areas of the City are not equally represented by Council. She would like to see the City divided in districts. Her other concern is with trash pickup. She puts trash out only every two or three weeks and recycles everything. She stated she pays for trash pick- up that she recycles. She stated there could be other options for Homeowners Associations and in the Waste Management contract to make it a little more user friendly. She stated, the trash is scattered all over the street by the time it is picked up when you use plastic trash bags. DOCKETED PUBLIC HEARING: None Page 3 of 18 — 4/26/2010 CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the April 12, 2010, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2010-56 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT REPORT FOR THE QUARTER ENDING MARCH 2010. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Kyle, to adopt Consent Agenda Items A through B 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 None NEW BUSINESS FIRST READING OF ORDINANCE NO. 2000M-68 — 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 A TRACT OF LAND APPROXIMATELY 9.5171 ACRES IN THE W.D.C. HALL LEAGUE, ABSTRACT NO. 70, BRAZORIA COUNTY, TEXAS AND BEING THE RESIDUE OF THAT TRACT SOLD BY NONA GAY CARR TO ROSS A. MCCLENDON, AS DESCRIBED IN DEED RECORDED UNDER BRAZORIA COUNTY CLERK'S FILE NO. 95-022654. (GENERALLY LOCATED AT THE 2810 DIXIE FARM ROAD, PEARLAND, TX), (ZONE CHANGE APPLICATION NO. 2009-15Z), FROM SINGLE FAMILY RESIDENTIAL -1 (R-1), TO PLANNED DEVELOPMENT DISTRICT (PD), AT THE REQUEST OF RON JACKSON WITH CURRY ARCHITECTURE, APPLICANT FOR ROSS MCCAMMON, OWNER, PROVIDING FOR AN AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Mike Hodge, Assistant City Manager. Page 4 of 18 — 4/26/2010 Councilmember Sherman made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 2000M-68 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for denial of Application No. 2009-15Z. City Manager Bill Eisen stated this is a proposed rezoning case for property on Dixie Farm Road located between Beamer Road and Broadway. The request is for zoning that would accommodate the construction of a retirement residence center. The Planning and Zoning Commission and City Council conducted Public Hearings regarding this matter. The Planning and Zoning Commission has made a recommendation to the Council by a vote of 6 to 0 to deny the request for rezoning. Because of the negative recommendation by the Planning and Zoning Commission, in order for the Council to approve this, a two third vote by City Council will be required. Bill Young, 2810 Dixie Farm Road, Pearland, addressed Council and stated the increased value of the property will increase the tax revenue for the school district and for the county and provide jobs for the community. There will be two hundred trees planted in Pearland on Dixie Farm Road. He requests that Council say yes to this rezoning. Phil Cessac, 3302 Nottingham, Pearland, addressed Council and stated his support for this residence facility being on the east side of Pearland. Diane Leaverton, 2310 Buckholt Street, Pearland, wished to speak out against this request. She stated the primary reason is that this is residential land surrounded by residential property. She stated this is a commercial development and this is a bad precedent to set. She stated, this would be taking away from our residential land. Planning and Zoning voted and denied this and had some very good reasons to do so. She stated, she agrees with those reasons; there are other locations for this development. Councilmember Owens stated he understands both sides of this. He stated, he does not have a concern about the facility. He does not know if this is the only place in Pearland for it. Some of the improvements Council has asked for have been done. There are four deviations from our Code for this development. That is his concern. If they want this location, they should comply with the Codes or Ordinances in the way that this should be developed. Councilmember Cole stated he does not know if this is the right or wrong location. He likes the concept of this. Pearland has a senior aging population and this is needed today and in the future. In the past when we have changed the underlying comprehensive plan, we have done this with justification. We never have had real justification from staff for changing the comprehensive plan. If the Planning and Zoning Page 5 of 18 — 4/26/2010 Commission wants to change the comprehensive plan, they need to bring a recommendation to Council, change the underlying comprehensive plan and make it very clear what we are doing. Planning and Zoning should only deny anything that does not meet the Comprehensive Plan. Voting "Aye" None. Voting "No" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Motion Failed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2010-59 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH FIRE AND EMS STATION NO. 5. Mr. Trent Epperson, Project Director. Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2010-59. City Manager Bill Eisen stated this item relates to the award of a bid for construction of Fire and EMS Station No. 5 to be located at 3100 Kirby Drive. Competitive proposals were received from various construction firms. The low bid was submitted by the Crain Group in the amount of $1,805,000 which is substantially below the architect's estimate due to the favorable bidding climate. Discussion ensued with Council, City Manager Bill Eisen and Project Director Trent Epperson. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2010-60 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN AGREEMENT WITH BRAZORIA COUNTY. Mr. Bill Eisen, City Manager. Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Kyle, to approve Resolution No. R2010-60. City Manager Bill Eisen recognized Brazoria County Commissioner Stacy Adams, and Brazoria County Commissioner Mary Ruth Rhodenbaugh and thanked them for their Page 6 of 18 — 4/26/2010 participation on the Library Committee. He stated, this is intended, by the Library Committee, to be an interim and short term solution. It is a way to provide some library services in a convenient manner to residents of the Westside of the City. The Council had previously discussed the conditions of the recommendation of the Committee. What Council is considering now is the formal contract itself. What this does is provide for use of one room in the Westside Events Center for a pick up and drop off location for persons wishing to check out and return books to the Brazoria County Library System. It is still the intent of the City and Brazoria County, when funds become available, to move next into a larger storefront facility and ultimately construct a facility to serve that portion of the City. The proposed agreement calls for the City to reimburse Brazoria County for the cost of two personnel that would be involved with the location of the facility; one would be a library clerk on premise and the other would be a delivery van driver. Brazoria County would provide all the necessary equipment required to run the facility and would be open twenty hours per week initially. Due to some suggested changes from a member of City Council, a revision was made to the agreement which Brazoria County Commissioner Stacy Adams has had a chance to review and it is one that he would support to the Commissioner's Court. Councilmember Sherman thanked the Brazoria County Commissioners for working on this Committee and getting the City to this first step. He stated this is a good first step and now we have bigger dreams to pursue. Councilmember Sherman encouraged people to use this facility. He appreciates everyone's support. A Brief discussion ensued with Council, City Manager Bill Eisen and Commissioner Stacy Adams. Mayor Pro -Tem Kyle thanked Brazoria County Commissioner Stacy Adams for taking this under advisement today and for his efforts to present this agreement, as amended, to the Commissioner's Court tomorrow. This is an interim agreement. The term is from May 1 to September 30, 2011. One of the provisions that she asked be added will support a faster pace to look to a bigger and more permanent facility. We will get quarterly reports from Brazoria County on the usage of the facility so we can determine what our actual usage is now and how we are going to be able to address this in the future. One provision that she asked to be added is not in this. This is not an indication from the Commissioner's Court it is opposed to that revision as much as Commissioner Adams is uncomfortable including it at this time without meeting with the Commissioners Court. Councilmember Cole stated he would encourage the Committee to do considerable planning for the library to include technology advances. There have to be people making sure whatever we are building is fitting a model that looks to the future with more computer terminals and those types of things. Council and Brazoria County need to look to those kinds of things for programming the ultimate library. He thanked the Brazoria County Commissioners for attending and their participation in this Committee. Page 7 of 18 — 4/26/2010 Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2010-49 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR WORKFORCE DEVELOPMENT SERVICES WITH THE NORTHERN BRAZORIA COUNTY EDUCATION ALLIANCE. Mr. Matt Buchanan, Executive Director of the Economic Development Corporation. Councilmember Saboe made the motion, seconded by Councilmember Cole, to approve Resolution No. R2010-49. City Manager Bill Eisen stated, questions were raised by Council when this item was on the agenda of April 12 with regard to both prior uses of funds by the Northern Brazoria County Education Alliance and what the projected use of the funds in the 2010 year would be if the agreement was approved. The Northern Brazoria County Education Alliance Staff and Board have provided Council with quite a bit of information. The information that is the most responsive to your specific questions is included in Packet 2 of materials sent to you on Friday. Behind that tab is a breakdown of programs of the Northern Brazoria County Education Alliance that shows specific expenditure line items and also the particular revenue associated with the funding of each of those particular programs. Council received information which also provides a breakdown with regard to the 2010 project year. Richard Bloodworth, 2118 Country Club Drive, Pearland, addressed Council and stated he has worked with the NBCEA for a couple years. He has participated in educating students on how important a drug free environment in the workplace is to employers and giving them that opinion from an employer's standpoint. He has donated equipment and funds to Pearland High School to allow students to learn things they would otherwise not be able to do. He stated he is impressed working with community leaders in business who contribute their time and place to do things that students could not do otherwise. He stated, Northern Brazoria County Education Alliance is a great organization and he would like for Council to consider supporting it. Austin P. Joyce, 1936 Timber Creek Drive, Pearland, addressed Council and stated the Northern Brazoria County Education Alliance is a coalition of Pearland businesses that are grouped together to assist the Career and Technology Department within Pearland Independent School District. The Northern Brazoria County Education Alliance helps teachers learn new projects and new techniques that the industrial field is asking of students. The Northern Brazoria County Education Alliance has given students the skills to succeed. Page 8 of 18 — 4/26/2010 Jerry Koza, 2328 Knob Hill, Pearland, addressed Council and stated he has an existing business in Pearland that predates the Pearland Economic Development Corporation. He stated since 1995, this is the first thing that PEDC has offered that he has found valuable to his company. We have used some of the training courses and enrolled some of our employees and it is a good asset to our company. In the Pearland Economic Development Corporation magazine in 2007 there was an article regarding the formation of Northern Brazoria County Education Alliance; in 2008 an article about the launch of NBCEA; in 2009, the progress of the Northern Brazoria County Education Alliance and enhancement to the local workforce. On the website, there is another press release about awards that the Northern Brazoria County Education Alliance has won. In those three years that is the only thing that the Pearland Economic Development Corporation has felt noteworthy to be over all three years. Mike O'Day, 6213 Dublin Lane, addressed Council and stated the Northern Brazoria County Education Alliance is a most important and valuable asset to businesses to provide an educated and employable workforce. We have created the opportunity to facilitate education in Pearland for businesses. The main criteria we have now is a workforce provider organization and we are certified to be able to do that. We have the ability as a provider to be able to solicit grants and funds to move us forward. We need your continued support and appreciate your time. Dr. Glenn Garrison, 3609 Lindhaven, Pearland, addressed Council and stated it is very difficult to maintain the state of the art technology that is necessary to provide a robust type program for high school students who are going to enter the workforce. What the Northern Brazoria County Education Alliance is doing is bringing the business of the City, the technology that is out there, into the school district. That is something the Pearland Independent School District cannot possibly do; we have to have an extra player in that process. The Northern Brazoria County Education Alliance is acting as that bridge between the public sector and the private sector. They are doing an excellent job. Successful students are what we are striving for. The Northern Brazoria County Education Alliance has helped us out. Virgil Gant, addressed Council and stated that the Northern Brazoria County Education Alliance and their assistance has allowed them to do a great job with students to help bridge students from high school to the workforce. It is a program that has taken effect over a short time. We would appreciate that the Council continue their support for the Northern Brazoria County Education Alliance so that they can continue to work with their students. Michalyn Ordeneaux, 3405 Longherridge, Pearland, addressed Council and stated she taught at Pearland Independent School District for 34 years. The Northern Brazoria County Education Alliance has finally gotten it right. It is giving industry input into instruction. The fabulous thing is that companies are willing to donate equipment or Page 9 of 18 — 4/26/2010 take students onto their property to train them. The Northern Brazoria County Education Alliance is keeping up with technology and providing students the opportunity to be trained on what they need in the workplace. Barbara Derrick, Pearland Career Technology Education Department, addressed Council and provided Council with history of the development of the Northern Brazoria County Education Alliance and the selection of the logo designed by a Pearland Independent School District student. Through this working relationship, Pearland Independent School District has been able to enhance many programs at Pearland and Dawson High Schools using donations from local industry and business to many of our existing engineering, welding, construction technology and culinary arts. The Northern Brazoria County Education Alliance has brought awareness to a dual credit workforce. They have provided eighty-five dual credit workforce scholarships. Councilmember Owens stated the Northern Brazoria County Education Alliance is a great effort for the City. Economic development in the City and Pearland Independent School District and the business here have come together to form something that is very worthwhile in our community. Councilmember Cole stated we have other Independent School Districts within our City limits. For people not in Pearland Independent School District we need to tell them what we are doing to foster relationships particularly with Alvin & Manvel. He has met with the Superintendent of Schools of the Alvin Independent School District. This is Pearland Economic Development money raised to benefit people and businesses in Pearland. We have to be careful how this money is spent. Councilmember Sherman stated he appreciates the speakers coming out and there is some good work being done. The concerns he raised have nothing to do with the program or the Northern Brazoria County Education Alliance. His concerns were strictly regarding the handling of $240,000 received by an entity from the Economic Development Corporation. He was hoping to see a full accounting of how Economic Development Corporation funds were spent within the Northern Brazoria County Education Alliance. He knew he could never get a breakdown because up until three months ago, funds were co -mingled. Economic Development Corporation funds were being mixed with the donations coming in from other sources. There is no way he or taxpayers could know how Economic Development Corporation funds, $240,000 of tax payer money, was spent. He does not think anything inappropriate was done with those funds. He has never said that. It is simply an accounting thing. Mayor Pro -Tem Kyle stated she has a great appreciation for Northern Brazoria County Education Alliance work. She appreciates Councilmember Cole and Councilmember Owens committing their personal time to the Northern Brazoria County Education Alliance. She shares Councilmember Sherman's concern about the accounting and how money has been utilized. They have received a good amount of data, as much Page 10 of 18 — 4/26/2010 information in the time that they had to present it. The numbers do not add up. It is a quarter of a million dollars in tax payer money. About 70%, $165,000, -was spent on salaries for Northern Brazoria County Education Alliance employees and only $11,600 on scholarships. When you compare the two, from a Councilmember's prospective, and being accountable for tax payer dollars, she is a bit concerned. She asked, when do they get on their own two feet. This is the third year they are asking for significant funding. In 2009, there was only $11,000 from other sources. She expected to see a greater amount of community support for this program and it would not be almost fully funded through the Economic Development Corporation. She hoped to hear, "here's our plan to get on our own two feet; here's our plan to be self sufficient". She stated she does not disagree with what the Northern Brazoria County Education Alliance has done; she supports it. She does not like the way it is receiving its funding at this point. She would like the Economic Development Corporation not to be the primary source of salaries and overhead costs and all that goes into supporting the program. For it to be funded solely by taxpayer dollars, and the numbers are to speak for themselves, she has a hard time justifying her vote in favor of another quarter of a million dollars without some plan in place to become self sufficient in the next twelve months or shortly thereafter. Councilmember Saboe stated the Executive Director of the Northern Brazoria County Education Alliance reviewed the contract and scope of services that is proposed for the upcoming year. He asked if that is correct. Terry Morgan, Executive Director of the Northern Brazoria County Education Alliance stated, yes I have and for last year too. Councilmember Saboe asked, do you have any reservations that under your leadership and your Board's leadership, the Northern Brazoria County Education Alliance can meet the letter of those scope of services and the letter of the contract. Terry Morgan, Executive Director of the Northern Brazoria County Education Alliance stated, she cannot say with complete confidence that we will reach all the goals. However, since we have been named a workforce training provider, we are now able to go after our own grants. We are in the process now of securing two grants which we will be able to get some administrative fees that will come back to us in those. That will be first step for us becoming self sufficient. In response to Mayor Pro -Tem Kyle's comment, the $11,000 was cash donations; we did have $48,000 in in-kind donations which did meet what you were talking about, equipment and consumables that was matching. We did not have to go out and buy that equipment. It was given to us. We also had a $50,000 federal grant for training for incumbent workers that we will have for three years. Page 11 of 18 — 4/26/2010 Mayor Pro -Tem Kyle stated she appreciates everything the Northern Brazoria County Education Alliance has done. She looked at the detailed account balances in the general journal for in-kind donations and a large portion of them were in hours donated by some of our colleagues in this room. For the hourly rate and the number of hours not allocated, she does not know how much the Northern Brazoria County Education Alliance allocated in the $48,000 for the time some of her colleagues spent working on your behalf. It is not in the spirit of the contract. The spirit of the contract was that Northern Brazoria County Education Alliance started to become self sufficient. When $165,000 of the $240,000 goes to pay salaries alone I have real trouble with this. Unless there is some plan in place, and she has not seen it, and was hoping to find it in the document, for some plan in place for the Northern Brazoria County Education Alliance to become self sufficient or at least not as dependent upon EDC, she would have an easier time voting in favor for this. That is not the case. She has to make a decision based on what she thinks is right and it is a business decision for taxpayer dollars. She stated, she cannot support this as presented. Councilmember Saboe asked City Manager Bill Eisen if the Economic Development Corporation Board had an opportunity to review some of the materials submitted to Council City Manager Bill Eisen stated it was submitted to them in a packet today. He does not believe it was on their agenda for discussion this evening. He stated Council is aware that they had already approved the contract for the upcoming year subject to Council ratification Councilmember Saboe stated, he feels that Northern Brazoria County Education Alliance complied with what he asked last week given the stage that the Northern Brazoria County Education Alliance is in, in their development. He asked that they hold themselves to the same standard that a not for profit organization would operate like if they were going to the United Way to ask for funding, in the atmosphere of competition that all non profit entities have to, especially in these trying economic times to raise that bar. He is confident that Northern Brazoria County Education Alliance has a good understanding what that really means. Benefits not displayed in financials, the matching investment in the community, donations made in kind or in format are not accounted for in your financials. He has a much better sense of that now. Terry Morgan, Executive Director of the Northern Brazoria County Education Alliance stated it is an honor to work with this organization because she has seen lives change because of it. It is only two years old and we have to start from somewhere and grow. Now that we are a workforce program, we can go after our own grants. That is going to enhance the program. We did not have that position last year until the end of the year Discussion ensued with Council and Terry Morgan, the Executive Director of the Northern Brazoria County Education Alliance. Page 12 of 18 — 4/26/2010 Councilmember Saboe called for the question, seconded by Councilmember Cole, Voting "Aye" Councilmembers Owens, Saboe, and Cole. Voting "No" Councilmembers Kyle and Sherman. Motion Passed 3 to 2. Mayor Reid called for a vote on the original motion Voting "Aye" Councilmembers Owens, Saboe, and Cole. Voting "No" Councilmembers Kyle and Sherman. Motion Passed 3 to 2. COUNCIL ACTION — RESOLUTION NO. R2010-53 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE UNIVERSITY OF HOUSTON CLEARLAKE-PEARLAND CAMPUS TURN LANE PROJECT. Mr. Trent Epperson, Project Director. Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2010-53. City Manager Bill Eisen stated this is a bid for construction services for the median cut and the eastbound turn lane for the University of Houston Clear Lake Campus. The low bid was $125,120.75 from AAA Asphalt Paving Incorporated. Discussion ensued between Council and City Manager Bill Eisen. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2010-61 — A RESOLUTION OF THE CITY OF PEARLAND, TEXAS APPROVING THE RESOLUTION AUTHORIZING THE ISSUANCE OF THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE BONDS, TAXABLE SERIES 2010; AUTHORIZING A SALES TAX REMITTANCE AGREEMENT; AUTHORIZING A CONTINUING DISCLOSURE UNDERTAKING IN CONNECTION WITH SUCH BONDS; AND MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECTS. Mr. Bill Eisen, City Manager. Page 13 of 18 — 4/26/2010 Council postponed action on this item until May 17, 2010. COUNCIL ACTION — RESOLUTION NO. R2010-62 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE ISSUANCE OF PEARLAND ECONOMIC DEVELOPMENT CORPORATION REVENUE BONDS (NEELILA, L.L.C. PROJECT) SERIES 2010. Mr. Matt Buchanan, Executive Director of the Pearland Economic Development Corporation. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2010-62. City Manager Bill Eisen stated this is a proposed Industrial Revenue Bond Issue by the Pearland Economic Development Corporation on behalf of Neelila LLC. Neelila LLC is a company proposing to relocate to the community from Louisiana. They will construct a ninety thousand foot tilt wall, clear span overhead crane manufacturing plant. Under the terms of this type of bond, even though Pearland Economic Development Corporation is the issuer of those bonds, and Council has to approve the issuance of the bonds, the user of the facility is totally responsible for repaying those bonds. Pearland Economic Development Corporation and the City have no responsibility for repayment. Gregg Jones, Andrews and Kurth provided Council with information regarding the bonds. Discussion ensued between Council, Gregg Jones, Andrews and Kurth and City Manager Bill Eisen. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2010-57 — 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. Councilmember Sherman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2010-57. Page 14 of 18 — 4/26/2010 City Manager Bill Eisen stated, annually the City is required, under The Public Funds Investment Act, to reconsider and reevaluate its investment policy, investment strategy and take the proposals from the proposed broker dealers who agree to work under the confines of the City's investment policy and strategy. What is being proposed is a continuation of the policy as it is currently worded. There are no changes from the current year in the policy or strategy. Councilmember Owens left the Chambers at 10:08 p.m. Voting "Aye" Councilmembers Cole, Saboe, Kyle and Sherman Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent from the Chambers COUNCIL ACTION — RESOLUTION NO. R2010-58 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION MATERIALS TESTING SERVICES ASSOCIATED WITH THE CITY'S FUTURE RESERVOIR PROJECT. Mr. Trent Epperson, Project Manager. Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2010-58. City Manager Bill Eisen stated the next two items are associated with the same project that is the stabilization of the side slopes associated with the City's future water reservoir which is located off County Road 48. The City acquired the property several years ago for the purpose of being a future reservoir when the City's surface water plant is built at some point in time when additional surface water will be required. The first item up for consideration is an award of a contract of construction materials testing during that slope stabilization and lighting process. The amount of the proposed bid is $106,640 submitted by Tolunay-Wong Engineers, Inc. Voting "Aye" Councilmembers Sherman, Kyle, Saboe, and Cole. Motion Passed 4 to 0, with Councilmember Owens absent from the Chambers Voting "No" None. Councilmember Owens reentered the Chambers at 10:11 p.m. COUNCIL ACTION — RESOLUTION NO. R2010-55 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE CITY'S FUTURE RESERVOIR. Mr. Trent Epperson, Project Director. Page 15 of 18 — 4/26/2010 Councilmember Saboe made the motion, seconded by Councilmember Cole, to approve Resolution No. R2010-55. Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2010-54 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, NOMINATING A CANDIDATE TO FILL A VACANCY ON THE BOARD OF DIRECTORS OF THE FORT BEND COUNTY APPRAISAL DISTRICT. Mr. Bill Eisen, City Manager. Councilmember Cole made motion, seconded by Councilmember Saboe to approve Resolution No. R2010-54 by adding the name Richard McCarver for the City of Pearland's nomination. Discussion ensued between Council and City Manager Bill Eisen and Mayor Reid. Voting "Aye" Councilmembers Owens, Saboe, and Cole. Voting "No" None. Voting "Abstain" Councilmembers Kyle and Sherman. Motion Passed 3 to 0, with two abstentions. COUNCIL ACTION — RESOLUTION NO. R2010-52 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR PRELIMINARY ENGINEERING SERVICES ASSOCIATED WITH THE BARRY ROSE WASTEWATER TREATMENT PLANT REHABILITATION PROJECT. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2010-52. Page 16 of 18 — 4/26/2010 City Manager Bill Eisen stated Barry Rose Wastewater Treatment Plant is one of the older ones in the City which was last expanded in 1985. Due to the age of the facility, we are at a point now where we need to look at upgrading and rehabilitation of some of the existing equipment at the location. Prior to doing that we believe it is appropriate to have some preliminary engineering analysis done of the plant to make a determination which improvements, replacements and upgrades are the most appropriate and cost effective. What is being proposed is awarding a professional services contract to Binkley & Barfield, Inc. in the amount of $70,480 for preliminary engineering services on the Barry Rose Wastewater Treatment Plant. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1419 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TEMPORARY ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF §545.356, TEXAS TRANSPORTATION CODE, UPON CERTAIN STREETS AND HIGHWAYS, OF PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND (SH 35 BETWEEN BELTWAY 8 AND ORANGE STREET), AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. Mr. Trent Epperson, Project Director. Councilmember Sherman made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 1419 as amended. City Manager Bill Eisen stated TxDot has awarded a contract for widening of State Highway 35 from Beltway 8 to just south of Broadway. What you are being asked to consider is temporarily reducing the speed limit to 40 miles per hour in that area during the construction period. Discussion ensued between Council, City Manager Bill Eisen and Project Manager Trent Epperson. Councilmember Sherman made the motion, seconded by Mayor Pro -Tem Kyle to add 40 miles per hour speed limit wording to the ordinance. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called the vote on the original motion as amended. Page 17 of 18 — 4/26/2010 Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 10:30 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING THE MUNICIPAL UTILITY DISTRICT NO. 6 STRATEGIC PARTNERSHIP AGREEMENT. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:31 p.m. COUNCIL ACTION — REGARDING THE MUNICIPAL UTILITY DISTRICT NO. 6 STRATEGIC PARTNERSHIP AGREEMENT. City Council. No action taken by Council. ADJOURNMENT Meeting was adjourned at 11:31 p.m. Minutes approved as submitted and/or corrected this the 10th day of May, A.D., 2010. Tom Reid Mayor ATTEST: s Y/oAng t l Secr ry Page 18 of 18 — 4/26/2010