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2010-05-10 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, MAY 10, 2010, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:42 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; Roland Garcia Fire Marshal; Mike Hodge Assistant City Manager; Lata Krishnarao Planning Director; Narciso Lira City Engineer; Claire Bogard Finance Director; Jeff Sundseth EMS Operations Director; Matt Buchanan Executive Director of Economic Development Corporation; Teresa Battenfield Assistant Project Director; Angela Gantuah Senior Planner; Bob Pearce Purchasing Officer. The invocation was given by Councilmember Cole and the Pledge of Allegiance was led by Police Chief J. C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported on April 29, he attended the Business Luncheon on New Insurance Law, was interviewed and videotaped by a Rustic Oaks School Student and joined the Library Board for a County Board Historical Report; April 30, led the Cancer Survivors at the Walk for Life; May 1, spoke at Troop No. 414 Fundraising Luncheon; May 3, joined Rabbi Yossi for his house warming; May 3, attended the Agenda Meeting, and Chaired the Development Authority of Pearland Meeting; May 4, joined Dale Pillow for Houston Mayor Annise Parker's Literacy Breakfast, joined City Manager Bill Eisen and Executive Director of the Economic Development Corporation Matt Buchanan for a meeting with Dr. Chu from China and joined City Manager Bill Eisen for a meeting with Kelsey Seybold Hospital; May 5, welcomed the Workforce Education Meeting at local Junior Colleges and was briefed by Dawson High Student Miss Patel on her community project; May 6, gave welcome for the National Day of Prayer, spoke at the PAF Realtors Association Meeting and Luncheon, attended the 288 Rotary Taste of The Town Pearland event and attended the Southeast Shriners Club Meeting; May 7, joined Councilmember Sherman and spoke at Alvin Independent School District Ground Page 1 of 9 — 5/10/2010 Breaking and gave the invocation and spoke at the Keep Pearland Beautiful Annual Awards Dinner; April 8, visited with Candidates at the Election Polls. Mayor Reid recognized newly elected Councilmembers Owens and Thompson. Mayor Reid, City Manager Bill Eisen, Assistant City Manager Mike Hodge and Planning Director Lata Krishnarao presented Planner I Ian Clowes Planning Department with the Employee of The Quarter Award. Mayor Reid and City Manager Bill Eisen presented Fire Marshal Roland Garcia with a proclamation proclaiming May 23 — 29, 2010 as "Hurricane Awareness Week". Mayor Reid presented EMS Director Jeff Sundseth, EMS Captain Jim Jewell, EMT Cassandra Buergel, EMS Paramedic Angela Hays and EMS Paramedic Jessica Gonzales with a proclamation proclaiming May 16 — 22, 2010 as "Emergency Medical Services Week". COUNCIL ACTIVITY RILPORTS Councilmember Owens reported on May 4t' he hosted a tour for the University of Houston on Pearland Parkway to the President of the University of Houston Clear Lake Dr. William Staples and Provost John J. Ante[ from the University of Houston System. They were impressed with facility and particularly the Pearland Economic Development part of this. He also attended the Neighborhood Center Casino Night. Councilmember Sherman reported he attended the groundbreaking of the third elementary school for Alvin Independent School District at Shadow Creek Ranch. He congratulated Councilmember Owens on his reelection and Ed Thompson on his election. He wished to also congratulate those who won in the Pearland Independent School District race, Rebecca Decker, Sam Gray and Pam Boegler; and in the Alvin Independent School District race Tiffiany Wennerstrom. Mayor Pro -Tem Kyle congratulated Councilmember Owens and Ed Thompson on their election. She looks forward to working with those newly elected Pearland Independent School District officials as well as the ones out in the Alvin Independent School District Area. She attended the Pearland Neighborhood Casino Night. She announced we will again be serving the Brazoria County Women's Center through the Neighborhood Center. She also attended Ed Thompson's victory party. Councilmember Saboe congratulated Councilmember Owens and Ed Thompson and looks forward to serving with them. He stated, as a member of Adult Reading Center Board in Pearland, we are looking for candidates for consideration to serve on the Board and for committee positions for this fall. Page 2 of 9 — 5/10/2010 Councilmember Cole announced March 8, 2011 will be Brazoria County Day which -will be the 20th legislative session that Brazoria County will be in front of. He attended the Workforce Education Summit which brought together administration from Alvin Community College, San Jacinto College, Houston Community College, Coleman College, Pearland and Alvin Independent School Districts and Houston Clear Lake College to discuss Pearland and the need for Pearland workforce training moving forward. He also attended the National Day of Prayer and Casino Night. He reported August 13 will be the King & Queen Ball. He and Councilmember Owens met with Commissioner Ned Holmes of the Texas Transportation Commission of the Texas Department of Transportation to discuss SH 288 and some of the issues and how to make projects a reality. CITY MANAGER'S REPORT City Manager Bill Eisen reported last Friday night was the first night of the summer concert series at Southdown Park. For the next seven or eight weeks there will be a different type of band each week. There is no admission charge and it is a good place for a family gathering. He wished to acknowledge that the Parks and Recreation Department received an award from Keep Pearland Beautiful for "Recyclers of the Year" in recognition of a number of initiatives. CITIZENS: None DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the April 19, 2010, Special Meeting held at 7:00 p.m. 2. Minutes of the April 26, 2010, Regular Meeting held at 7:30 p.m. MATTERS REMOVED FROM CONSENT AGENDA: None Councilmember Owens made the motion, seconded by Councilmember Sherman to adopt Consent Agenda Item A as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 5 to 0. Page 3 of 9 — 5/10/2010 NEW BUSINESS: COUNCIL ACTION — RESOLUTION NO. R2010-66 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE TOWN DITCH PROJECT (PHASE III). Mr. Trent Epperson, Project Director. Councilmember Sherman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2010-66. City Manager Bill Eisen stated, this is an award of a construction bid on a section of the Town Ditch between Mykawa Road and SH 35 and would serve to provide relief for flood conditions in what would be the northwest part of the Old Townsite. The bid is recommended to be awarded to Crossroad Industries, Inc. based on their low bid in the amount of $3,082,902. Based on that low bid and other costs associated with the project, we anticipate that the total cost of the project will come in roughly $3.7 million below the original budget for the project. Discussion ensued with Council, Assistant City Manager Mike Hodge 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. R2010-67 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION MATERIALS TESTING SERVICES ASSOCIATED WITH THE TOWN DITCH PROJECT (PHASE III). Mr. Trent Epperson, Project Director. Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2010-67. City Manager Bill Eisen stated, this is a recommendation to award a contract for Construction Materials Testing for the Town Ditch Project (Phase III). The award would go to Geotest Engineering, Inc., a firm we have used in the past on numerous occasions with favorable results. The amount of the proposed contract is $79,977.50. Mayor Pro -Tem Kyle asked for a point of clarification. In the executive summary, it references areas of concern and identifies what those are but does not describe what the concerns are and she asked that this be elaborated on. Page 4 of 9 — 5/10/2010 Project Director Trent Epperson stated, the concerns are relative to culverts to be located underneath the railroad tracks and in the area of Mykawa and Orange and the process required in their installation. Discussion ensued between Council, Project Director Trent Epperson and City Attorney Darrin Coker. Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2010-63 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE PURCHASE OF FURNITURE, FIXTURES AND EQUIPMENT FOR THE RECREATION CENTER AND NATATORIUM. Mr. Trent Epperson, Project Director. Councilmember Saboe made the motion, seconded by Councilmember Cole, to approve Resolution No. R2010-63. City Manager Bill Eisen stated, this is for award of a bid for a number of different furniture fixture items for the new Natatorium Recreation Center that includes furniture for the offices in that area, furniture for the two large meeting rooms and fitness equipment that would be utilized in the facility. There are a couple of different companies involved in the award. The overall bid amount of $540,470.91 is ten percent below what was budgeted for that purpose. Discussion ensued with Council, Assistant City Manager Jon Branson and Project Director Andrea Brinkley. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2010-64 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE DESIGN OF A UNIDIRECTIONAL FLUSHING MODEL. Mr. Danny Cameron, Director of Public Works. Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2010-64. Page 5 of 9 — 5/10/2010 City Manager Bill Eisen stated, we have a Unidirectional Flushing Program in place and a model for that function for the far -east part of the City today. The purpose of the program is to flush waterlines within the City's water system in such a way that you remove any sediment and those sorts of things from the lines to insure good clear drinking water to the people in the areas that the program takes place. The City had budgeted in the current year to expand that program in two additional areas. You are being asked to consider an award of a contract to Freese and Nichols who gave the original Unidirectional Flushing model for those two additional areas at a cost of $65,000 dollars. Discussion ensued with Council and Public Works Director Danny Cameron. Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2010-65 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AND ADOPTING THE GOALS PROMULGATED DURING THE CITY'S 2010 ANNUAL PLANNING WORKSHOP. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2010-6, as amended twice. City Manager Bill Eisen stated, last month City Council held its annual retreat to set goals and priorities for the upcoming twelve-month time period. Assuming that the attached document does actively reflect the Council's thinking and direction, we ask that you approve the document so we can move ahead at the staff level with implementation. Councilmember Saboe asked, related to Item Four on the Westside Library, generally we have talked about some options for the next steps in a timeline associated with that. This item seems to assume, in the next point with regard to identifying, locating, and applying for grants related to a storefront library, that is part of the plan. He does not know that is part of the plan at this point. He does not want to artificially identify that as a goal if the team decides that is not part of the plan. Councilmember Sherman stated, in our discussions that we have had, we have always talked about a multi -tiered approach and the next step would be a storefront. He stated he is not sure it will happen in the next year. Having someone look into the grant options is not a bad thing but as it is phrased, it sets that as the sole step. Maybe there is some way to broaden that language. Page 6 of 9 — 5/10/2010 Councilmember Saboe stated he would be looking for something that is in concert with the long term plans as established by the Committee. Discussion ensued between Council and City Manager Bill Eisen. Councilmember Owens made the motion, seconded by Councilmember Sherman, to amend to read as Councilmember Cole stated, under roman numeral four, Westside Library, to keep letter A establish a Westside Library in quotes next step timeline in coordination with both County and potential private/public entity partners and then go to B which would be locate/apply for grants related to the next step timeline as well as a permanent facility. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. Mayor Pro -Tem Kyle asked a question relative to item Transportation 3C. It states "conduct a Workshop to discuss in -City public transportation needs/options." Last year we had a Workshop to discuss this issue. It seems a little redundant to waste expended tax payer dollars on the one Workshop. She asked, what is the distinction we need to make for the public with respect to this entry and how do we word that in this particular document. City Manager Bill Eisen stated, it is his recollection that this was a continuation of that and that Council wanted to complete that process. We had a Workshop at that time and Council had asked the people from Connect Transit to come back with some more information. Assistant City Manager Jon Branson has been working with them and we had anticipated that we were going to do that in April. The Connect Transit people had some conflicts at that time. He does not know if we have a specific schedule but he would say early June. He had anticipated this as being more a completion of that rather than a new goal. Mayor Pro -Tem Kyle stated, maybe we need to say that in the document as opposed to starting over from scratch and doing what we did last year again. We need to state, complete the discussion of in -City public transportation needs/options . Councilmember Cole asked, if this is the exact wording from last year. City Manager Eisen stated he did not believe they referred to last year's document conducting a Workshop last year. He believes the wording was explore or examine the public transportation needs/options. He stated, the new wording is to be conduct a Workshop to continue or complete the discussion of in -City transportation needs/options. Page 7 of 9 — 5/10/2010 Councilmember Owens made the motion, seconded by Councilmember Saboe, to amend Item 3C under Transportation under Kirby as presented by Mayor Pro -Tem Kyle. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for a vote on the original motion as amended twice. Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. Mayor Reid recessed the Regular Meeting to complete the prior Workshop at 8:52 p.m. Mayor Reid called the Regular Meeting back to order at 9:27 p.m OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:27 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH COLE'S FLEA MARKET. Mr. Darrin Coker, City Attorney. 2. SECTION 551.072 — REAL PROPERTY — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY — CITY FACILITIES. Mr. Bill Eisen, City Manager. 3. 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 10:48 p.m. COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH COLE'S FLEA MARKET. City Council. Page 8 of 9 — 5/10/2010 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 THE MUNICIPAL UTILITY DISTRICT NO. 6 STRATEGIC PARTNERSHIP AGREEMENT. City Council. No action taken by Council. ADJOURNMENT Meeting was adjourned at 10:49 p.m. Minutes approved as submitted and/or corrected this the 24th day of May, A.D., 2010. 7-ji XoTg Secrewy C" ". Tom Te Mayor Page 9 of 9 — 5/10/2010 THIS PAGE LEFT BLANK INTENTIONALLY