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2011-04-11 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF (' PEARLAND, TEXAS, HELD ON MONDAY, APRIL 11 2011, AT 7:30 P.M., IN THE PUBLIC SAFETY BUILDING, 2555 CULLEN PARKWAY, SECOND FLOOR � 1 TRAINING ROOM NUMBER ONE, 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 Scott Sherman Woody Owens Steve Saboe Felicia Kyle Ed Thompson Bill Eisen Darrin Coker Young Lorfing Others in attendance: Jon Branson Assistant City Manager; Matt Buchanan Executive Director of Economic Development Corporation; Danny Cameron Public Works Director; Vance Riley Director of Fire Services; J.C. Doyle Police Chief; Trent Epperson Project Director; Mike Hodge Assistant City Manager; Claire Bogard Finance Director; Assistant Project Director Teresa Battenfield; Purchasing Officer Bob Pearce. The invocation was given by Councilmember Thompson and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported March 29, he attended the Keep Pearland Beautiful Meeting with Alexander Middle School Kids in Pearland Preserving the Environment through Responsible Service (KIPPERS); March 29, attended the Brazoria County Library Foundation Meeting; March 30-31, Joined City Manager Bill Eisen and Assistant City Manager Mike Hodge for a meeting with the CORPS of Engineers in Washington D.C. regarding the Clear Creek Project, April 1, attended City Council Special Meeting and presented a proclamation to the Partners for Pearland; April 2, Joined City Council and Staff at the Fire Station No. 5 formal opening, attended Congressman Pete Olson's Public Meeting, and presented a proclamation to the Brazoria County Children Alliance; April 4, attended the Agenda Meeting; April 6, met with the Pearland Chamber of Commerce Destination Marketing Consultant; April 7, met with the Bay Area Marketing Association, met with the Pearland Independent School District Superintendant Search Team, and attended the Pearland Chamber of Commerce Taste of Pearland Event; April 8, Spoke at the Alexander Middle School Award as the "Texas School to Watch," attended and spoke at Space City Corvette Club Meeting, and attended the Wilder Elementary School Spring Fling. Page 1 of 13 — 4/11/2011 Mayor Reid presented a proclamation to Crime Victim Liaison Gina Mendez proclaiming April 10-16, 2011, as "Crime Victims' Rights Week." Mayor Reid presented a proclamation to Joan Wynn with proclaiming April 2011, as "Motorcycles Safety and Awareness Month." Mayor Reid and Councilmember Saboe presented a proclamation to Thad Bujnock, Dick Schock, and Steven Lowery proclaiming April 30, 2011, as "24th Annual Crawfish Festival Day." Mayor Reid presented a proclamation to HR Assistant II Melanie Glaze proclaiming April 2011, as "Relay for Life Month." COUNCIL ACTIVITY REPORTS Councilmember Owens stated the Pearland Chamber of Commerce Taste of the Town Event had over two -thousand attendees and it was a great event. Councilmembers Saboe and Kyle passed on giving a report. Mayor Pro -Tem Sherman reported he attended the Brazoria County Library Foundation Dinner and the Texas Municipal League Region No. 14 Meeting. He also attended the Open House Event for Fire Station No. 5, the Pearland Chamber of Commerce Taste of the Town, spoke at the Pearland Chamber of Commerce Business Before Breakfast Event, the Wilder Elementary Spring Fair, and the party in the Southgate Subdivision where he heard the concerns of the citizens in the area. Councilmember Thompson stated he attended many of the same events as the Mayor and other Councilmembers. He attended the Fire Station No. 5 Open House where he learned that the first number on fire station equipment represents what fire station where the equipment belongs and also had a chance to meet the new City of Pearland Fire Chief Vance Riley. He also attended the meeting held by Congressman Pete Olson at the Pearland Recreation Center and the Pearland Independent School District Superintendent Search Meeting as a citizen. CITY MANAGER'S REPORT City Manager Bill Eisen stated he would like to introduce the new Fire Chief Vance Riley who brings more than twenty years of experience to the City. The City Emergency Medical Director Jeff Sundseth has announced his retirement and EMS Captain Kelly Sears will be serving as the Interim Emergency Medical Director during the replacement process. Mr. Eisen reported he attended a meeting with the Corps of Engineers in Washington D.C. regarding the Clear Creek Flood Control Project. The project has been a long process; however, it has reached a point of completion on the basic design and can move ahead to funding the design. Unfortunately, the City has learned that major budget reduction in Washington will possibly affect the availability of funding. Page 2 of 13 — 4/11/2011 CITIZENS Larry Marcott, 3606 Inverness, addressed Council and stated now that the Dixie Farm Road is complete there has been a serious accident at the Oakbrook Drive Intersection. He stated, because the road has opened recently and residents have grown accustomed to there not being a stop light, he would like to see some type of temporary reminder to prevent these types of incidents. The contractor also replaced the street signs, but they are broken and damaged and need to be replaced with new signs. Candace Atkinson, 2609 McLean, addressed Council and stated she is against the application for Conditional Use Permit Application CUP2011-04. She has been in the City since she was in the second grade and she is now fifty-five years old. She does not want this type of business in her backyard. She has grandchildren and does not want them to be in danger. Carol Artz-Bucek, 6111 N. Galveston Avenue, addressed Council and stated that Mayor Pro -Tem Sherman did a wonderful job at the Business Before Breakfast Event. The Pearland Chamber of Commerce will be hosting a Candidate Forum on Wednesday, April 27, 2011, at 7:00 p.m. at the C.A. Nelson Auditorium. She stated the Chamber has a new project this year called pearlandvotes.com. This is a site where candidates were able to answer questions on video and citizens can watch the videos. It is the responsibility of the citizens to vote. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the March 28, 2011, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE APPOINTMENT OF TRICIA TRUNEK TO SERVE ON THE ANIMAL SHELTER ADVISORY COMMITTEE IN POSITION NO. 1, FOR AN UNEXPIRED 3 -YEAR TERM, EXPIRING NOVEMBER 1, 2011. Mayor Tom Reid. C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011-42 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT PRICE BID FOR THE PRINTING AND MAILING OF WATER UTILITY BILLS. Mr. Bill Eisen, City Manager. Page 3 of 13 — 4/11/2011 D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011-41 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT SUPPLY BID FOR EMS MEDICAL SUPPLIES. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Kyle, to adopt Consent Agenda Items A through D as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA: None. NEW BUSINESS: FIRST READING OF ORDINANCE NO. 2000CUP-47 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, APPROXIMATELY BEING 0.4905 ACRES OF LAND OUT OF LOTS 3 AND 4 AND BEING 1.6819 ACRES OF LAND OUT OF LOTS 4 AND 5 OF THE GEORGE W. JENKINS SUBDIVISION AS RECORDED IN VOLUME 2, PAGE 20, BRAZORIA COUNTY PLAT RECORDS, LOCATED IN THE PERRY AND AUSTIN LEAGUE, ABSTRACT NO., 111, BRAZORIA COUNTY, TEXAS LOCATED AT 1417 E. BROADWAY, PEARLAND, TX (CONDITIONAL USE PERMIT APPLICATION NO. CUP 2011-03) TO ALLOW FOR CO -LOCATION OF ADDITIONAL ANTENNAS ON AN EXISTING TOWER, IN THE GENERAL COMMERCIAL (GC) ZONE AT THE REQUEST OF SPRINT NEXTEL C/O ALAN HAGGARD, APPLICANT FOR BARNETT RANCHING AND LAND MANAGEMENT, OWNER, 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 Mayor Pro -Tem Sherman, to approve Ordinance No. 2000CUP-47 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Conditional Use Permit Application No. CUP2011- 03. City Manager Bill Eisen stated this item is a zoning request to allow for collocation on an existing tower located on the east side of Pearland. The Planning and Zoning Commission and Staff have recommended this item for approval. Page 4 of 13 — 4/11/2011 Councilmember Owens asked if placing an additional antenna on the tower will affect compromise the structures wind load. Assistant City Manager Mike Hodge stated a study was completed that verified the structure wind load would not be negatively affected. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 2000CUP-48 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, APPROXIMATELY 0.550 ACRE CERTAIN TRACT OF LAND OUT OF THE NORTHWEST ONE-FOURTH (M.W. 1/4T") OF THE H.T. B.RR CO. SURVEY, SECTION ELEVEN (11), ABSTRACT 239, BRAZORIA COUNTY, TEXAS. LOCATED AT 4904 WALNUT STREET, PEARLAND, TX (CONDITIONAL USE PERMIT APPLICATION NO. CUP 2011-04) TO ALLOW THE OPERATION OF A CONSIGNMENT SHOP, IN THE OFFICE PROFESSIONAL (OP) ZONE, AT THE REQUEST OF REV. B.V. BARNETT, APPLICANT AND OWNER, 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 Sherman made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 2000CUP-48 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Conditional Use Permit Application No. 2011-04. City Manager Bill Eisen stated this item is a request for a permit that would allow for the operation of a consignment shop at the location. The Planning and Zoning Commission voted in favor of approving the zone change. Al Gonzales, 4911 Silsbee, addressed Council and stated he lives right behind this location and is against this zone change. He has seen many questionable people at the location and is concerned it will attract thieves to his residence. He has his family and grandchildren at his home and feels this zone change will put them in danger. Jeanie Jordan, 2609 McLean Road, addressed Council and stated the applicant of this zone change does own the property, but he does not live at the location. This type of business does not belong in her backyard or in the area. She asked Council to please Page 5 of 13 — 4/11/2011 vote against this zone change request. Rev. B.V. Barnett, 5402 Ryan Acres Drive, addressed Council and stated he appreciates the concerns of the residents in the area, but he feels they are wrong because he is not opening a consignment shop. Mayor Pro -Tem Sherman stated he would like clarification regarding the type of business that will be located at the property. The zone change is for a consignment shop, but the applicant stated he is not opening a consignment shop. Assistant City Manager Mike Hodge stated the permitted use table includes broad categories. This particular use falls under the classification of a consignment shop in the permitted use table. This use includes businesses such as resale shops. It is a little confusing, but it is the correct classification. This permit does not allow for outside sales. Councilmember Kyle stated she researched the definition of a consignment shop and does not agree that this is the correct classification for what the applicant is trying to develop. She does not feel the City has the authority to grant a Conditional Use Permit for something that no one intends to employ. She does not understand how she, as a Councilmember, can approve something that is classified as a consignment shop when it is not a consignment shop. Discussion ensued between Council and Assistant City Manager Mike Hodge regarding the Conditional Use Permit Application. Voting "Aye" None. Voting "No" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Motion Failed 5 to 0. FIRST READING OF ORDINANCE NO. 2000CUP-49 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, APPROXIMATELY 29.43 ACRES OF LAND, BEING A PART OF THE H.T. & B. R.R. COMPANY SURVEY, SECTION 27, ABSTRACT 308. THE G. C. SMITH SURVEY, SECTION 28, ABSTRACT 551, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS, AND BEING PART OF LOTS 172 AND 173 OF THE ZYCHLINSKI SUBDIVISION RECORDED IN VOLUME 29, PAGE 9, DEED RECORDS OF BRAZORIA COUNTY, TEXAS, AND BEING ALL OF THAT CERTAIN 14.7071 ACRE TRACT DESCRIBED IN A DEED TO AIRGAS SPECIALTY GASES, INC. RECORDED IN CLERK'S FILE 2007-000736 AND ALL OF THAT CERTAIN 14.7075 ACRE TRACT DESCRIBED IN A DEED TO AIRGAS SPECIALTY GASES, INC. RECORDED IN CLERK'S FILE 2007-000739 LOCATED AT Page 6 of 13 — 4/11/2011 4344 S. MAIN, PEARLAND, TX (CONDITIONAL USE PERMIT APPLICATION NO. CUP 2011.05) TO ALLOW FOR PETROLEUM OR PETROLEUM PRODUCT EXTRACTION, REFINING, MANUFACTURER, OR BULK STORAGE, IN THE HEAVY INDUSTRIAL (M-2) DISTRICT AT THE REQUEST AIRGAS SPECIALTY GASES, OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Mike Hodge, Assistant City Manager. Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Sherman, to approve Ordinance No. 2000CUP-49 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Conditional Use Permit Application No. CUP2011- 05. City Manager Bill Eisen stated this item is a request for a Conditional Use Permit to allow for expansion of an existing business. The business is Airgas Specialty Gases located on SH 35 and the Planning and Zoning Commission voted to approve the application. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 2000CUP-50 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT, APPROXIMATELY 1.995 ACRES OUT OF THE T.J. GREEN SURVEY, ABSTRACT NO, 198, RECORDED IN VOL. 961, PG. 91 OF THE BRAZORIA COUNTY DEED RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS GENERALLY LOCATED AT: 2617 BROADWAY ST. PEARLAND, TEXAS. (CONDITIONAL USE PERMIT APPLICATION NO. CUP 2010-08) TO ALLOW AN AUTOMATED METER SYSTEMS TOWER AT THE REQUEST OF CENTERPOINT ENERGY, APPLICANT, AND OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Mike Hodge, Assistant City Manager. Councilmember Thompson made the motion, seconded by Councilmember Kyle, to approve Ordinance No. 2000CUP-50 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Conditional Use Permit Application No. CUP2010- 08. Page 7 of 13 — 4/11/2011 City Manager Bill Eisen stated this item is a request from Centerpoint Energy to add electronic devices to an existing substation located on Broadway. The application was recommended for approval by the Planning and Zoning Commission. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 2000M-76 — 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 LOT ONE (1) OF WORRELL ADDITION, BEING A 6.8651 ACRE TRACT OUT OF THE T.D. YOAKUM SURVEY ABSTRACT 399 AND ACH & B SURVEY ABSTRACT 147, PEARLAND, BRAZORIA COUNTY, TEXAS. LOCATED AT 2801 JOHN LIZER, PEARLAND, TEXAS, (ZONE CHANGE APPLICATION NO. 2011- 03Z), A REQUEST OF BURT H. CHRISMAN, JR., OWNER AND APPLICANT, FOR APPROVAL OF A ZONE CHANGE FROM THE NEIGHBORHOOD SERVICE (NS) ZONE, TO SINGLE-FAMILY RESIDENTIAL -2 (R-2) ZONE FOR APPROXIMATELY 6.8 ACRES ON THE FOLLOWING DESCRIBED PROPERTY, 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 Owens made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 2000M-76 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. 2011-03Z. City Manager Bill Eisen stated this is a request for a rezoning relating to a piece of property located near the intersection of John Lizer and Pearland Parkway. The applicant is asking the City to rezone the property to a residential use which would conform with the surrounding uses. The Planning and Zoning Commission recommended this application for approval. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. Page 8 of 13 — 4/11/2011 FIRST READING OF ORDINANCE NO. 2000M-77 — 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 522.62 ACRE TRACT OF LAND SITUATED IN THE H.T. & B, RR Co. SURVEY, SECTION 80, ABSTRACT 564 AND THE H.T. & B. RR CO. SURVEY, SECTION 80, ABSTRACT 538, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS; BEING ALL OF A CALLED 120.134 ACRE TRACT OF LAND DESCRIBED IN A DEED RECORDED VOLUME (90) 820, PAGE 217, VOLUME (91) 866, PAGE 357 AND VOLUME (92) 994, PAGE 172 ALL OF THE BRAZORIA COUNTY DEED RECORDS, AND LOTS 3 THROUGH 8, 11 THROUGH 18, 20 THROUGH 26, 27 THROUGH 34, LOTS 37 & 38 AND THE WEST '/2 OF LOT 39, ALL OF LOTS 42, 43, 44, 45, 52 THROUGH 55 AND 8.11 ACRES OF LOT 56 OF THE ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION RECORDED IN VOLUME 2, PAGE 98 OF THE BRAZORIA COUNTY MAP RECORDS. (ZONE CHANGE APPLICATION NO. 2011-02Z) SOUTH OF BROADWAY STREET AND SOUTHERN TRAILS DRIVE, AND REFERRED TO AS THE SOUTHERN TRAILS PLANNED UNIT DEVELOPMENT, AT THE REQUEST OF KERRY R. GILBERT AND ASSOCIATES, APPLICANT, PROVIDING FOR AMENDMENTS TO THE SOUTHERN TRAILS PLANNED UNIT DEVELOPMENT, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THIS SUBJECT. Mr. Mike Hodge, Assistant City Manager. l Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Sherman, to approve Ordinance No. 2000M-77 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. 2011-02Z. City Manager Bill Eisen stated this item is a request for modifications to the Planned Development for Southern Trails. The Planning and Zoning Commission has recommended the approval of this application. Councilmember Saboe stated he would like to thank the applicant for going the extra mile to protect the pedestrian. It is important for developers to take the initiative to develop ways to protect pedestrians when they combine pedestrian traffic and vehicle traffic. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. Page 9 of 13 — 4/11/2011 COUNCIL ACTION — RESOLUTION NO. R2011-40 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENEWING AND AMENDING A SOLID WASTE AND RECYCLING CONTRACT WITH WASTE MANAGEMENT OF TEXAS. Ms. Claire Bogard, Director of Finance. Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2011-40, as amended. City Manager Bill Eisen stated this item is the proposed extension of the existing agreement with Waste Management of Texas for the collection of waste within the City. Larry Marcott, 3606 Inverness, addressed Council and stated he has attended several of the Council Workshops regarding this contract. It concerns him that this company has gotten a large sum of money from the City and the service needs to be bid on. The City must bid to see what is available and verify it is getting the best price. Councilmember Kyle stated she likes to look at contracts from the perspective of how can the City get the best deal. This contract has not been bid in approximately fifteen years and during that time the City has grown tremendously and a lot of the factors have changed. This is a twenty-five million dollar contract and fifteen years is long enough to not see if the market can offer a better deal. She will not vote in favor of the contract, not because of Waste Management of Texas, but because she feels that the service needs to be bid. Councilmember Thompson stated he does not feel that, as a Council, a firm decision has been made on what they want regarding this service. One of his concerns was the cost of diesel gas. It has been in the news that many of these large fleets are going to change over to compressed gas and then diesel won't matter. This contract gives the City the flexibility to negotiate in the future. There are many benefits that are being included in cost, but there has not been a value placed on what is being included. He likes the fact that commercial recycling is included and that the rates are going to stay constant during the next year. There are things he feels the City could have done a little better. City Attorney Darrin Coker stated that Waste Management of Texas has agreed to change the section regarding diesel fuel. The change would be that the City would not be responsible for any diesel fuel surcharges if the company transferred or partially transferred to compressed fuel. Discussion ensued between Council, City Manager Bill Eisen, and Finance Director Claire Bogard regarding the Resolution. Page 10 of 13 — 4/11/2011 Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Owens, to amend Resolution No. R2011-40 to approve the contract contingent upon discussions to address future transfers from diesel to alternative fuels that could result in an offset cost. Voting "Aye" Councilmembers Thompson, Sherman, Saboe, and Owens. Voting "No" Kyle. Motion Passed 4 to 1 Mayor Reid called for a vote on the original motion as amended. Voting "Aye" Councilmembers Thompson, Sherman, Saboe, and Owens. Voting "No" Kyle. Motion Passed 4 to 1. COUNCIL ACTION — RESOLUTION NO. R2011-44 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES ASSOCIATED WITH THE HATFIELD BASIN TRUNK SEWER PROJECT. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Sherman, to approve Resolution No. R2011-44. City Manager Bill Eisen stated this item is a proposed engineering contract with Freese and Nichols, Inc. The contract would be for engineering services including the design of a new sewer trunk line. The project is part of the Capital Improvement Program. Voting "Aye' Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2011-43 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES ASSOCIATED WITH LONGWOOD WASTEWATER TREATMENT PLANT REHABILITATION PROJECT. Mr. Bill Eisen, City Manager. Councilmember Thompson made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2011-43. Page 11 of 13 — 4/11/2011 City Manager Bill Eisen stated this item is a proposed contract for engineering services with Malcolm Pirnie, Inc. associated with the Longwood Wastewater Treatment Plant in the amount of $340,358. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2011-45 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AND ADOPTING THE GOALS PROMULGATED DURING THE CITY'S 2011 ANNUAL PLANNING WORKSHOP. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Sherman, to approve Resolution No. R2011-45. City Manager Bill Eisen stated this item is for Council to approve Staff's understanding of the goals established at the annual Council Retreat Workshop. Staff will establish a specific process to implement these goals upon Council approval. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:32 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 — PERSONNEL MATTERS — DISCUSSION REGARDING THE ANNUAL EVALUATION OF THE CITY ATTORNEY. City Council. 2. SECTION 551.074 — PERSONNEL MATTERS — DISCUSSION REGARDING CITY MANAGER'S EVALUATION AND PERFORMANCE GOALS FOR 2010 - 2011. City Council. Page 12 of 13 — 4/11/2011 NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:47 p.m. COUNCIL ACTION — DISCUSSION REGARDING THE ANNUAL EVALUATION OF THE CITY ATTORNEY. City Council. No action taken by Council. COUNCIL ACTION — DISCUSSION REGARDING CITY MANAGER'S EVALUATION AND PERFORMANCE GOALS FOR 2010 - 2011. City Council. No action taken by Council. ADJOURNMENT Meeting was adjourned at 11:48 p.m. Minutes approved as submitted and/or corrected this the 25th day of April, A.D., 2011. 4 Tom Reid Mayor ATTEST: )iii,,, 40 "1 �S, _/I,'/_ MANI Page 13 of 13 — 4/11/2011