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2011-06-13 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF j PEARLAND, TEXAS, HELD ON MONDAY, JUNE 13, 2011, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Pro -Tem Sherman called the meeting to order at 7:34 p.m. with the following present: Mayor Pro -Tem Scott Sherman Councilmember Woody Owens Councilmember Steve Saboe Councilmember Felicia Kyle Councilmember Ed Thompson City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Absent: Mayor Tom Reid Others in attendance: Jon Branson Assistant City Manager; Matt Buchanan Executive Director of Economic Development Corporation; Vance Riley Director of Fire Services; J.C. Doyle Police Chief; Trent Epperson Project Director; Bonita J. Hall Director of Human Resources and Safety Management; Lata Krishnarao Planning Director; Narciso Lira City Engineer; Claire Bogard Finance Director; Michelle Smith Director of Parks and Recreation; Jeff Sundseth EMS Operations Director; David Whittaker Director of Inspection Services; Harold Ellis Senior Planner; Rick Overgaard Assistant Director of Finance. The invocation was given by Councilmember Thompson and the Pledge of Allegiance was led by Boy Scout Logan Tonini. MAYOR'S ACTIVITY REPORT Mayor Reid reported May 24, he attended the Builders Forum, May 25, attended the BAYTRAN Luncheon and spoke at the Pearland Independent School District Girls Softball Team Pep Rally; May 26, spoke at the Nolan Ryan Junior High Green Day Program, attended the BAYTRAN Executive Board Meeting, and Chaired the Special Council Meeting to call the Run Off Election; May 27, presented a Retirement Certificate to Chief Engineering Inspector Charlie Stubbs; May 29, spoke at the Eagle Scout Troop No. 404 Court of Honor; May 30, spoke at the VFW 7109 Memorial Day Event and attended the Bella Vita Subdivision Memorial Day Event; May 31, spoke at Dr. Staples, University of Houston -Clear Lake Luncheon Event; June 2, he cut the ribbon for the Candlewood Hotel Grand Opening Event; June 4, welcomed attendees at the Adult Reading Center's Citizenship Forum; June 6, signed the contract for the Kelsey Seybold move to Pearland and attended the Council Workshop; June 7, attended the Agenda Page 1 of 14 — 6/13/2011 Meeting; June 8, attended the Adult Reading Center Board of Directors Meeting; June 9, attended the Pearland Arts League Board of Directors Meeting; June 10, attended the Chamber of Commerce Business Before Breakfast Even; June 11, spoke at the Eagle Scout Court of Honor; June 12 — 15, represented Pearland and the Houston - Galveston Area Council at the National Association of Council's of Government Meeting. COUNCIL ACTIVITY REPORTS Councilmembers Owens and Thompson passed on giving a report. Councilmember Saboe stated that Early Voting has begun for the June 25, 2011, Election for Councilmember Position No. 3. Voter turnout for Runoff Election is typically low and everyone needs to understand that their vote in a run-off is just as important as the first time they vote. Mayor Pro -Tem Sherman reported June 2, 2011, he attended the Pearland Area Chamber of Commerce Business After Hours Event. Jun 3, 2011, he attended the Project Graduation Event, and on June 9, 2011, he attended the Pearland Area Chamber of Commerce Young Professionals Launch Event. He also attended the St. Helens Church Bazaar and would like to thank Police Officer Christopher Robertson who he had the opportunity to ride along with to see how the license plate recognition software worked. Councilmember Kyle stated she attended a presentation by the Centers for Houston's Future which is an organization that is a think tank that reviews scenarios and developments in the region. They have a Leadership Forum twice a year which she is a graduate. They presented Scenario No. 24 which is a very interesting scenario which she has spoken with the City Manager Bill Eisen to arrange a presentation in the City. The scenarios addressed focusing more on education and economic development. She also attended the White House Business Roundtable where a group of business leaders discussed current issues. CITY MANAGER'S REPORT City Manager Bill Eisen stated he attended a meeting, along with Economic Development Corporation President Matt Buchanan, regarding various economic indicators. Data over the past year has indicated that the economy will begin to improve. CITIZENS: None DOCKETED PUBLIC HEARING: None Page 2 of 14 — 6/13/2011 CONSENT AGENDA: Councilmember Owens made the motion, seconded by Councilmember Saboe, to adopt Consent Agenda Items A through C 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 A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the May 2, 2011, Public Hearing held at 6:30 p.m. 2. Minutes of the May 23, 2011, Regular Meeting held at 7:30 p.m. 3. Minutes of the May 26, 2011, Special Meeting held at 6:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011-67 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID DITCH CLEANING SERVICES. Mr. Bill Eisen, City Manager. C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011-64 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR ELECTRICAL AND SCADA SERVICES. Mr. Bill Eisen, City Manager. NEW BUSINESS: SECOND AND FINAL READING OF ORDINANCE NO. 2000M-78 — 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 OR PARCEL CONTAINING 22.7711 ACRES (991,909 SQUARE FEET) OF LAND SITUATED IN THE THOMAS J. GREEN SURVEY, ABSTRACT NUMBER 198, HARRIS COUNTY, TEXAS, AND BEING OUT OF AND A PORTION OF THE CALLED 118.755 ACRE TRACT AS DESCRIBED IN THE DEED TO MARION E. SETTEGAST, ET AL, RECORDED IN VOLUME 1421, PAGE 25, OF THE BRAZORIA COUNTY DEED RECORDS. LOCATED AT THE NORTHWEST CORNER OF BROADWAY (FM 518) AND PEARLAND PKWY, PEARLAND, TEXAS, (ZONE CHANGE APPLICATION NO. 2011-04Z), A REQUEST Page 3 of 14 — 6/13/2011 OF BEEMAN STRONG FOR THE SETTEGAST FAMILY, OWNER, AND LYLE HENKLE FOR HEB, APPLICANT, FOR APPROVAL OF A ZONE CHANGE FROM THE PLANNED DEVELOPMENT (PD) ZONE, TO GENERAL BUSINESS (GB) ZONE, 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 Saboe made the motion, seconded by Councilmember Owens, to approve Ordinance No. 2000M-78 on its second and final reading. After discussion, this item was tabled. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval/denial of Application No. 2011-04Z. David Roberts, 2107 Westminister, addressed Council and stated he is president of the Banbury Cross Home Owners' Association. They are concerned that the Planning and Zoning Commission recently denied this application. If the City turns its responsibility for Planning and Zoning over to contractors it will be detrimental to the residents. He would like the City to do everything possible to maintain the integrity of the area. Sydnee Gray, 2227 Westminister, addressed Council and stated she has a great respect for the Planning and Zoning Commission. They have to consider many things residents don't think about. She stated it isn't right to put the people who serve on the commission in a position where they spend the time reviewing zoning and then their decisions are disregarded. The Planning and Zoning Commission made the decision to deny this zone change and the Council should support that decision. City Manager Bill Eisen stated this item and the next item relate to two tracts of land located at the corner of Pearland Parkway and FM 518. The first is the site for the proposed HEB Store. The Planning and Zoning Commission has recommended the denial of the proposed zone change and as a result a three-quarter vote from Council to override that recommendation. The second tract of land is also owned by the same owner and is a request for a residential zone classification. Councilmember Saboe stated when this item was discussed on the first reading he had a lot of questions regarding possible compromise with the applicant or owner. He asked if Staff had any change of opinion regarding the feasibility of the PD Zoning. Planning Director Lata Krishnarao stated that the PD is feasible because the requirements can be amended through discussions with the developer. Page 4 of 14 — 6/13/2011 Councilmember Saboe stated he is disappointed that there has been no compromised reached between Staff and the Developer, and he is going to vote against the second reading of the Ordinance. His vote is not against the HEB store, but in support of the recommendations made by Staff and the Planning and Zoning Commission. He stated his vote is also in support of a strategy that the Planning and Zoning Commission has been working on for some time. He understands there has been a dip in the market and he is sympathetic to the owners who want to sell this property, but he does not feel that that is what the vote is about. He does support HEB and hopes that there is an HEB store on the corner in the future. He supports the company with his money and vocally with his words. The company is a great citizen of this community and he appreciates them as a member of the community. Councilmember Kyle stated she will not change her prior vote in opposition of this proposed zone change. She supports HEB. They are a highly regarded and involved corporate citizen that she would like to continue to be so, and be a major contributor to the community. This is one of the major corners of the City on the east side of town and is a major thoroughfare which the City has spent a considerable amount of time trying to develop appropriately for the community. These are the situations where the tough decisions must be made and there is still room for compromise. She stated she can appreciate there are financial issues for the owners trying to sell the property; however, there are few components of the PD that aren't feasible for this day and age. She would encourage HEB to continue to work with the City to come to a compromise on the requirements of the PD. Councilmember Thompson stated he finds it difficult in the fact that the PD was started by another developer who walked away from the project. This family is trying to sell the property and won't be able to because the Planned Development. Many people stated that people have enough money to do things, but business people look at things from a cost standpoint and what it will cost them and he does not believe this project will go any further. He is very disappointed that while Council is talking about budgets and taxpayer dollars in a difficult economic time, it would turn its back on an opportunity to bring tax dollars and jobs to the City. He hopes that HEB would continue to pursue the opportunity. Councilmember Owens stated he is also disappointed because a lot of time has been spent on this item. There is also concern with the property owner who is not able to sell their land because the Planning and Zoning Commission's opinion of what the best use or value for the land is makes a difference. HEB has done a lot for the community while other stores have not. The two main concerns he heard was the landscaping and ornamental lights and to him that is not making the best decision for the land. This is trying to design the project for HEB and it is not the City's business to do this. He has heard from the residents and they want the HEB at this location. This development would have brought in tax dollars and jobs which would benefit the City. This is a critical time and the City needs money to continue to provide the current services and this development could help. Page 5 of 14 — 6/13/2011 Mayor Pro -Tem Sherman stated he respects the opinions of the Councilmembers who are choosing to oppose this zone change; however, he disagrees with them. There is a perception that it is difficult to do business in the City of Pearland and tonight the Council is proving that this is not a perception but a reality. This corporation wants to buy land and build a shopping center which is what the Planned Development calls for. The City is trying to force HEB to abide by a document that was established by another developer. It makes no sense to him to have a company like HEB, which is desired by the citizens, waiting at the door to bring tax dollars and jobs and Council to take an action that will shut down the opportunity. He is disappointed in the decision. Councilmember Saboe stated he wishes this vote was as simple as whether the HEB was wanted. He agrees with most of what has been said, but he does not feel this is the best solution for the City. He does not think this is the end and feels there is an opportunity to develop that corner in a manner that can benefit everyone involved. Councilmember Kyle stated she has talked with citizens regarding this zone change and one of the things that seems to be lost through the media and the press is that the is not trying to force this Planned Development on a developer. This item is a zone change request submitted by the property owners. These landowners submitted a request to have this land zoned as a Planned Development in 2008. There is a possible win-win solution out there, but there have not been any discussions to reach a solution. She cannot vote for this zone change when there have not been any attempts to compromise to benefit all parties involved. Discussion ensued between Council and Planning Director Lata Krishnarao regarding the proposed zone change. Councilmember Owens made the motion, seconded by Councilmember Thompson to table Ordinance No. 2000M-78 for further review. Voting "Aye" Councilmembers Thompson, Sherman, and Owens. Voting "No" Councilmembers Kyle and Saboe. Motion Passed 3 to 2. COUNCIL ACTION — REMOVE FROM TABLE ORDINANCE NO. 2000M-79. City Council. Councilmember Kyle made the motion, seconded by Councilmember Owens, to remove Ordinance No. 2000M-79 from the table. Voting "Aye" Councilmembers Owens and Thompson. Page 6 of 14 — 6/13/2011 Voting "No" Councilmembers Saboe, Sherman, and Kyle Motion Failed 3 to 2. FIRST READING OF ORDINANCE NO. 2000M-79 — 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 OR PARCEL CONTAINING 30.5709 ACRES AS DESCRIBED IN EXHIBIT A BY TERRA SURVEYING COMPANY, INC. FURTHER DESCRIBED AS SETTEGAST 30.5709 ACRES PROPOSED ZONING CHANGE FROM PD TO R2 CITY OF PEARLAND, BRAZORIA COUNTY TEXAS LOCATED APPROXIMATELY 700 FEET NORTH OF THE NORTHWEST CORNER OF PEARLAND PKWY AND BROADWAY (518), PEARLAND, TEXAS, (ZONE CHANGE APPLICATION NO. 2011-05Z), A REQUEST OF BEEMAN STRONG FOR THE SETTEGAST FAMILY, OWNER AND APPLICANT, FOR APPROVAL OF A ZONE CHANGE FROM THE PLANNED DEVELOPMENT (PD) ZONE, TO SINGLE FAMILY RESIDENTIAL -2 (R-2) ZONE, 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. Item not removed from table. No action taken by Council. FIRST READING OF ORDINANCE NO. 1446 — AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (AREA GENERALLY LOCATED WEST OF SH 35, EAST OF THE RAILROAD, SOUTH OF HASTINGS FIELD ROAD AND NORTH OF HASTINGS CANNON ROAD — AREA 5); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. Mr. Mike Hodge, Assistant City Manager. Councilmember Thompson made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1446 on its first reading. City Manager Bill Eisen stated this item has been the subject of discussion for some time including Public Hearings and meetings with property owners. Recently Denbury Resources, Inc. has requested that the City consider entering into an agreement that would result in the creation of an industrial district. This agreement would delay the annexation of the property for a time that would be established in the agreement. In return for the time provided, Denbury Resources, Inc. would agree to pay for a portion Page 7 of 14 — 6/13/2011 of property taxes they would have paid if the property was located in the City. Councilmember Thompson stated this type of agreement makes sense and he would support reviewing the possibility of this type of agreement. Mayor Pro -Tem Sherman stated he has some concerns regarding the City's ability to enforce the Noise Ordinance; however, he would support reviewing this option. Councilmember Kyle stated she agrees with the concerns regarding the City's ability to enforce the Noise Ordinance. She is not opposed or in favor of this yet because there are items that must be discussed when considering this type of agreement. She would like the write-up on this item to include information regarding clarification on how the City would protect the residents and what the real value is of what is being proposed. Councilmember Owens stated he would like to review this option because annexation of the resident may not be the best option for the City at this time. Councilmember Saboe stated more discussion does need to be had regarding the possibility of this type of agreement. This is his last opportunity to discuss this annexation and he would like Council to clearly communicate what their strategy is regarding this and future annexations. Council's position on this annexation has completely changed during the last year; a lot of money has been wasted and will continue to be wasted until the policy is changed. Councilmember Owens made the motion, seconded by Councilmember Thompson, to table Ordinance No. 1446 to review the proposed Industrial Agreement option. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1447 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, FINDING THAT THE CITY HAS, ESTABLISHED GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT PURSUANT TO RESOLUTION NO. R2011-12; DESIGNATING AND DESCRIBING A REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT ZONE #21), IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT; FINDING THAT THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD BE A BENEFIT TO THE LAND TO BE INCLUDED IN THE ZONE AND THE MUNICIPALITY AFTER THE EXPIRATION OF THE TAX ABATEMENT AGREEMENT; AUTHORIZING THE CITY MANAGER TO SIGN TAX ABATEMENT AGREEMENTS WHEN APPROVED BY THE CITY COUNCIL; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Page 8 of 14 — 6/13/2011 Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 1447 on its first reading. City Attorney Darrin Coker stated this item was the subject of the Public Hearing held early this evening. The Reinvestment Zone will be created for the purpose of granting a tax abatement in the future. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION – RESOLUTION NO. R2011-68 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE 2010 ANNUAL REPORT FOR TAX INCREMENT REINVESTMENT ZONE #2. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2011-68. City Manager Bill Eisen stated the City created Tax Increment Reinvestment Zone No. 2 for Shadow Creek Ranch. State law requires that all participating taxing entities have —' the opportunity to receive an annual report of the progress. Sue Darcy, Marsh Darcy Associates, provided Council with an overview of the Tax Increment Reinvestment Zone No. 2 Annual Report. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION – RESOLUTION NO. R2011-34 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A SPECIAL EVENTS PERMIT. Ms. Colene Cabezas, Recreation Superintendent. Councilmember Kyle made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2011-34. Page 9 of 14 – 6/13/2011 City Manager Bill Eisen stated previously the Council had considered the granting of a special event permit for a triathlon in the Shadow Creek Ranch area. At that time, Council had requested the applicant obtain a letter from the Shadow Creek Ranch Home Owners' Association approving the event, testing of the water where participants will swim, and information on the sale of alcoholic beverages. The requested information has been provided to address the issues. Mayor Pro -Tem Sherman stated he appreciate the information provided. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2011-58 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE RENEWAL OF A CONTRACT WITH NATIONAL SIGN PLAZAS, INC. FOR THE DEVELOPMENT AND ADMINISTRATION OF A COMPREHENSIVE BUILDER SIGN PROGRAM. Mr. Bill Eisen, City Manager. Councilmember Thompson made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2011-58. City Manager Bill Eisen stated this item is a proposed renewal of an agreement with National Sign Plazas, Inc. which the City originally entered into five years ago. One significant change is the method of calculation of the fee paid by National Sign Plazas, Inc. to the City. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2011-59 — 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. Page 10 of 14 — 6/13/2011 Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2011-59. City Manager Bill Eisen stated the City is required by State law to annually adopt an investment policy, investment strategy, and approve a broker/dealer list. Staff is proposing some minor changes with the primary change being to expand the City's opportunity to invest in certificates of deposit. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2011-65 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR SIDEWALK CONSTRUCTION SERVICES (HAWK RD., VETERANS DR. AND OLD TOWNSITE AREA). Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Owens, to approve Resolution No. R2011-65. City Manager Bill Eisen stated this item is the proposed award of a bid for the construction of sidewalks at three different locations. The locations are on Hawk Road, _J Veterans Drive, and in the Old Townsite area which all qualify for the Community Block Grant Program. The proposed contract is to be awarded to Brooks Concrete and will be solely funded with grant funds. Brief discussion ensued between Council, City Manager Bill Eisen, and Public Works Director Danny Cameron regarding the Resolution. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2011-62 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ELECTION SERVICES AGREEMENT WITH BRAZORIA COUNTY. Mr. Bill Eisen, City Manager. Page 11 of 14 — 6/13/2011 Councilmember Kyle made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2011-62. City Manager Bill Eisen stated this item is a proposed agreement for the Runoff Election. The early voting locations are identical to what they were in the General Election; however, because the City is responsible for a larger percentage of the cost for this election, there are fewer locations on Election Day. City Secretary Young Lorfing stated each General Election voting location not being utilized for the Runoff Election will have a notice posted with the new voting location and a map for voters. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. 82011-60 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A TRAFFIC SIGNAL ASSUMPTION AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION. Mr. Bill Eisen, City Manager. Councilmember Thompson made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2011-60. City Manager Bill Eisen stated the next two items are related to TxDOT turning over the responsibility for the maintenance and operation of the 52 traffic signals and a combination of 20 flashing advance warning and school zone beacons located along TxDOT roads to the City. The City will have the primary responsibility for the maintenance, but the State will reimburse for cost related to the traffic lights along SH 288. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. Page 12 of 14 — 6/13/2011 COUNCIL ACTION — RESOLUTION NO. R2011-61 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A TRAFFIC SIGNAL REIMBURSEMENT AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2011-61. Voting "Aye" Councilmembers Thompson, Kyle, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2011-66 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF MOTOR FUELS. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2011-66. City Manager Bill Eisen stated this item is the annual bid award for the purchase of motor fuels for various City vehicles. The bid prices are tied to the Oil Price Information Service (OPTS) because of the fluctuations in gasoline prices. Voting "Aye" Councilmembers Owens, Saboe, Sherman, Kyle, and Thompson. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2011-63 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR DESIGN SERVICES ASSOCIATED WITH THE TRAIL CONNECTIVITY PROJECT. Mr. Bill Eisen, City Manager. Item passed to a future agenda. No action taken by Council. Page 13 of 14 — 6/13/2011 ADJOURNMENT Meeting was adjourned at 8:55 p.m. Minutes approved as submitted and/or corrected this the 27th day of June, A.D., 2011. Tom Reid Mayor ATTEST: Y,K4ng Log, R c `TM i Secr ry Page 14 of 14 — 6/13/2011