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2010-06-21 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, JUNE 21, 2010, AT 6:45 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:08 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Scott Sherman Woody Owens Ed Thompson Bill Eisen Darrin Coker Young LorFing Absent: Councilmembers Steve Saboe and Felicia Kyle. Others in attendance: Jon Branson Assistant City Manager; Trent Epperson Project Director; Mike Hodge Assistant City Manager; Mike Masters GIS Coordinator. NEW BUSINESS: COUNCIL ACTION — RESOLUTION NO. R2010-83 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A UTILITY INSPECTION AND RECONDITIONING AGREEMENT ASSOCIATED WITH THE MAGNOLIA ROAD PROJECT. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Thompson, to approve Resolution No. R2010-83. City Manager Bill Eisen stated, on two separate occasions, utilities identified as potentially being in conflict with the Magnolia Roadway Expansion Phase 3 Project were sent to Teppco, now Enterprise Crude Pipeline, LP, for review. The City did not receive a response from the company and the construction plans were subsequently finalized. At this time a conflict with an existing pipeline belonging to Enterprise Crude Pipeline, LP requires the City to pay for inspection and reconditioning services in the amount of $226,522. Councilmember Owens asked why the company did not identify the conflict in the original design review. Assistant City Manager Mike Hodge stated there were were utilities and roadway. Enterprise Crude Pipeline, portion and had an oversight on the roadway portion. they realized there was an issue. Page 1 of 2 — 6/21/2010 two parts to the project which LP focused mainly on the utility They contacted the City when Councilmember Thompson asked for clarification on whether the City could be found liable for any future problems that might occur with this portion of the pipeline since the work was paid for with City funds. City Attorney Darrin Coker stated the City could not be held liable for any problems because Enterprise Crude Pipeline, LP will contract for the work and the City is only providing the funds. Mayor Pro -Tem Sherman stated the current cost is $98,000, but the requested transfer amount is $266,522 and he asked why the amounts were different. City Manager Bill Eisen stated the additional amount is for previous expenditures pertaining to the project. Discussion ensued between Council, City Manager Bill Eisen, Assistant City Manager Mike Hodge, and Project Director Trent Epperson. Voting "Aye" Councilmembers Owens, Sherman, and Thompson. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Saboe and Kyle absent. ADJOURNMENT Meeting was adjourned at 7:20 p.m. Minutes approved as submitted and/or corrected this the 12th day of July, A.D., 2010. Tom Reid Mayor ATTEST: 42W41'eng, rte:' Yo g Lo i CiVSecrerary ' Page 2 of 2 — 6/21/2010