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2012-05-21 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, MAY 21, 2012, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:31 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Scott Sherman Councilmember Woody Owens Councilmember Susan Sherrouse Councilmember Greg Hill City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Absent: Councilmember Felicia Harris. Others in attendance: Jon Branson Assistant City Manager; Matt Buchanan President of Economic Development Corporation; J.C. Doyle Police Chief; Trent Epperson Director of Engineering and Capital Projects; Roland Garcia Fire Marshal; Mike Hodge Assistant City Manager; Lata Krishnarao Director of Community Development; Claire Bogard Finance Director; Michelle Smith Director of Parks and Recreation; Daniel Baum EMS Operations Director; Sparkle Anderson Public Affair Manager; Nghiem Doan Deputy City Attorney; Harold Ellis City Planner; Rick Overgaard Assistant Finance Director; Bob Pearce Purchasing Officer; Joel Hardy Grants Coordinator; Johnny Spires Assistant Police Chief. The invocation was given by Councilmember Woody Owens and the Pledge of Allegiance was led by J.C. Doyle Police Chief. Mayor Reid recognized candidates. running for office. Councilmember Harris is running for Congressman Ron Paul's position, 14th Congressional District. Stacy Adams running for Brazoria County Commissioner. Buck Stevens running for Constable Precinct No. 3. Keith Ordeneaux running for City Council Position No. 4. Tammy Dexter running for City Council Position No. 4. Page 1 of 15 — 5/21/2012 Recognition of 2012 Pearland Police Officer of the Year presented to Detective Tyson Harvey by the 100 Club and Police Chief Chris Doyle. Detective Tyson Harvey stated he is honored to receive this award. Keith Ordeneaux President of the Board of the 100 Club stated the Club began in the 1980's with the sole purpose to provide life insurance for the Police Officers, at the time there was none provided. The club continues to provide life insurance and other things at the department's request. Chris Doyle Police Chief stated the 100 Club is an outstanding organization. The Pearland Police Department has not had an officer killed in the line of duty or seriously injured in almost 40 years. Chief Doyle stated a large part of that is the safety equipment and training the 100 Club provides. They are a great organization with a great goal. Mayor Reid, Councilmember Sherman and Assistant City Manager Jon Branson presented a Proclamation proclaiming May 20 - 26, 2012, as "National Public Works Week" to Danny Cameron Director of Public Works. Mayor Reid, Councilmember Hill and City Manager Bill Eisen presented a Proclamation proclaiming May 20 - 26, 2012, as "Emergency Medical Services Week" to Daniel Baum EMS Operations Director and Doctor Dien Bui Medical Director. Mayor Reid and City Manager Bill Eisen presented a Proclamation proclaiming May 27 - June 02, 2012, as "Hurricane Preparedness Week" to Roland Garcia Emergency Management Coordinator/Fire Marshal and Greg Bozdech Deputy Fire Marshal. MAYOR'S ACTIVITY REPORT Mayor Reid reported on May 15, he attended the Houston -Galveston Area Council Board of Directors Meeting, the San Jacinto College Welcome Center Ribbon Cutting on Beamer, the Meet and Greet for Corey Cart the new Vice President of Destination Marketing, and the Boy Scouts of America Annual Awards and Banquet fundraiser; May 17, the Chamber Membership Luncheon - State of the County, the Residence at Pearland Town Center Grand Opening/Tour; and the Police Department Annual Awards Banquet; May 18, he attended Southbelt Elementary Career Day. COUNCIL ACTIVITY REPORTS Councilmember Owens stated he attended the Police Department Annual Awards Banquet, the 288 Partnership Board Meeting, the State of the County Chamber Membership Luncheon, played two golf tournaments for Leukemia for Brazoria County Page 2 of 15 — 5/21/2012 and the Public Works Association. Councilmember Harris was absent. Councilmember Sherrouse stated she attended the Reception for Corey Cart the new Vice President of Destination Marketing with the Chamber of Commerce; she participated in the first annual ceremonial Bike Ride to Work Day with City staff, and attended the Police Department Annual Awards Banquet. Councilmember Sherrouse stated she and Mayor Pro -Tem Sherman had a meeting scheduled with Michele Smith Director of Parks and Recreation to form a Youth Activity Council, due to other activities the meeting had to be cancelled. Mayor Pro -Tem Sherman stated on May 15, he attended the Reception for Corey Cart, the Biscayne Bay Homeowners Association meeting at Shadow Creek Ranch; May 17, was a busy day, he joined Councilmember Hill and Owens and together attended a total of five events, Boy Scout breakfast that morning, Commerce Development Team at the Chamber of Commerce, State of the County Chamber Membership Luncheon, Grand Opening for the new condos at Pearland Town Center and the Police Department Annual Awards Banquet. Councilmember Hill stated he attended a lot of the same events. On Thursday morning he attended the Boy Scouts breakfast, they raised $13,000 they overshot their goal of $5,000. It was a good day. CITY MANAGER'S REPORT City Manager Bill Eisen deferred on any comments until the next meeting. CITIZENS Citizens present will speak after CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000M-86 of New Business. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the March 26, 2012, Regular Meeting held at 7:30 p.m. Page 3 of 15 — 5/21/2012 B. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2012-57 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENEWING A UNIT SUPPLY BID FOR WATER METER SUPPLY SERVICES. Mr. Bill Eisen, City Manager. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000CUP-56 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, 18.5436 ACRE (807,759 SQ. FT.) TRACT OF LAND BEING OUT OF LOT 51 AND LOT 53 OF THE ALLISON-RICHEY GULF COAST HOME COMPANY, SECTION 6, RECORDED IN VOL. 135, PG. 501 H.C.D.R., LOCATED IN THE H.T. & B.R.R. CO. SURVEY, A-544, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 5719 BROADWAY, PEARLAND, TX) CONDITIONAL USE PERMIT APPLICATION NO. CUP 2012-02 TO EXPAND THE FLOOR AREA OF AN EXISTING STRUCTURE WHILE MAINTAINING EXISTING FRONT LANDSCAPE BUFFER AND PERIMETER FENCE MATERIAL, IN THE GENERAL COMMERCIAL (GC) DISTRICT AT THE REQUEST OF TERRI LERA, APPLICANT, ON BEHALF OF LEE MENTA, OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Ms. Lata Krishnarao, Director of Community Development. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2012-63 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT SUPPLY BID FOR HOT ASPHALT MIX. Mr. Bill Eisen, City Manager. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2012-71 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A STANDARDS OF CARE POLICY FOR YOUTH PROGRAMS. Ms. Colene Cabezas, Recreation Superintendent. Councilmember Owens asked that Consent Agenda Items B and D be removed from the Consent Agenda for further discussion. Councilmember Owens made the motion, seconded by Councilmember Hill, to adopt Consent Agenda Items A through E with the exception of items B and D , as presented on the Consent Agenda. Page 4 of 15 — 5/21/2012 Voting "Aye" Councilmembers Owens, Sherrouse, Sherman, and Hill. Voting "No" None. Motion Passed 4 to 0, with Councilmember Harris absent. MATTERS REMOVED FROM CONSENT AGENDA As requested by Councilmember Owens Consent Agenda Item B was removed for further discussion. B. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2012-57 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENEWING A UNIT SUPPLY BID FOR WATER METER SUPPLY SERVICES. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Hill, to approve Resolution No. R2012-57. City Manager Bill Eisen stated this item is related to a supply of water meters and will answer any questions that Councilmember Owens may have. Discussion ensued between Councilmember Owens and City Manager Bill Eisen regarding the amount of cost involved. Voting "Aye" Councilmembers Hill, Sherman, Sherrouse, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Harris absent. As requested by Councilmember Owens Consent Agenda Item D was removed for further discussion. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2012-63 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT SUPPLY BID FOR HOT ASPHALT MIX. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Sherrouse, to approve Resolution No. R2012 -63 - City Manager Bill Eisen stated this is for the purchase of hot asphalt mix. For the last several years asphalt mix was bought in conjunction with Brazoria County. By both Page 5 of 15 — 5/21/2012 entities working together the City is able to have a higher volume of purchase which has a positive impact on the unit cost. Discussion ensued between Councilmember Owens and City Manager Bill Eisen regarding the cost involved. Voting "Aye" Councilmembers Owens, Sherrouse, Sherman, and Hill. Voting "No" None. Motion Passed 4 to 0, with Councilmember Harris absent. NEW BUSINESS COUNCIL ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000M- 86 — 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 39.50 ACRE TRACT OF LAND BEING OUT OF THE D.H.M. HUNTER SURVEY, ABSTRACT 76, BEING A PORTION OF THE SAME 181.6209 ACRE SURVEY AS DESCRIBED IN A DEED DATED JUNE 4, 1981, FROM THE C.H. ALEXANDER TRUST TO SUE ALEXANDER MORRISON A.K.A. SUSIE ALEXANDER MORRISON, AND RECORDED IN VOLUME 1596, PAGE 93 ET SEQ OF THE BRAZORIA COUNTY DEED RECORDS (B.C.D.R.); AND BEING A 83.83 ACRE TRACT OF LAND BEING OUT OF THE D.H.M. HUNTER SURVEY, ABSTRACT 76 AND THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 233, BEING A PORTION OF THE SAME 181.6209 ACRE SURVEY AS DESCRIBED IN A DEED DATED JUNE 4, 1981, FROM THE C.H. ALEXANDER TRUST TO SUE ALEXANDER MORRISON A.K.A. SUSIE ALEXANDER MORRISON, AND RECORDED IN VOLUME 1596, PAGE 93 ET SEQ OF THE BRAZORIA COUNTY DEED RECORDS (B.C.D.R.) (LOCATED EAST AND WEST SIDES OF PEARLAND PKWY, NORTH OF BARRY ROSE, EXISTING STONEBRIDGE PLANNED DEVELOPMENT, PEARLAND, TEXAS), ZONE CHANGE 2012-04Z, A REQUEST OF ALAN MUELLER, APPLICANT, ON BEHALF OF MUSGRAVE-GROHMAN VENTURES, LTD. AND BRANDON LEE INVESTMENTS, INC., OWNER(S), FOR APPROVAL OF A ZONE CHANGE (PD AMENDMENT) FROM THE PLANNED DEVELOPMENT (PD) ZONE TO THE PLANNED DEVELOPMENT (PD) 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. Ms. Lata Krishnarao, Director of Community Development. Councilmember Sherrouse made the motion, seconded by Councilmember Owens, to approve Ordinance No. 2000M-86 on its second and final reading. Page 6 of 15 — 5/21/2012 City Manager Bill Eisen reported this item is an amendment to an existing Planned Unit Development zoning. If approved it would allow for the construction of a hospital and related facilities located east of Pearland Parkway and north of Barry Rose. CITIZENS: James Frederick, 3006 Summit Springs, addressed Council stating he recommends the second reading of the proposed zoning change, New Business No. 1 be tabled or postponed to the next scheduled Council meeting. We urge Council not to rush this decision and allow time to fully address all concerns. Steve Greer, 1605 Brighton Brook Lane, addressed Council stating he is opposed to taking residential property and turning it into commercial property for the purpose to build a hospital behind his house; he stated the financial records show this is not a healthy company. James Frederick, 3006 Summit Springs Lane, addressed Council stating the City of Pearland did not perform due diligence to notify the Lakes of Highland Glen home owners of the property change; he stated the homeowners are concerned of the noise, light pollution, the risk of high crime and safety if the hospital is built in this location. Howard Carter, 1719 Brighton Brook Lane, addressed Council stating the importance of zoning; when he and his family were looking to buy a house, they chose Lakes of Highland Glen. How important is zoning if it can be easily changed because a developer decides he has a good idea regardless of the harm to the homeowners. Rita English, 1719 Brighton Brook Lane, addressed Council stating the homeowners do not believe this project will be a benefit to Pearland or to the larger community; she is asking Council to table this reading to take more time to review these serious concerns. Marty Moran, 1703 Brighton Brook Lane, addressed Council stating he is coming from a flooding aspect; he stated the City needs to commission a study to see if building a hospital or any development would increase flooding. Dr. Ryan Coleman, MD, 1723 Brighton Brook Lane, addressed Council stating he is a Pediatric ICU Doctor at one of the major hospitals in the medical center. His concerns are University General building in the neighborhood. Highland Glen is a young neighborhood, lots of young kids. He has taken care of patients referred from University General, they are not a solid medical place, they do things for profit, it is a boutique hospital. Dan Eble, 1707 Beacon Green Lane, addressed Council stating one issue would be the drainage, second issue would be the feasibility of the hospital. The legal ethical responsibilities to notify the homeowners was done legally, ethically it was not. Page 7 of 15 — 5/21/2012 Tim Delgado, 2938 Lakeview Drive, addressed Council stating his client is University General Health System. He is a Real Estate and Development Consultant. He states, with that experience I have direct knowledge of what type of projects provide the best benefits to area citizens, and for the residents that are directly adjacent to a particular project. His opinion is this project will provide numerous and long lasting benefits to the City of Pearland and residents. Alan Mueller, 1408 Bentlake, addressed Council stating the land uses was limited at the very beginning, people keep referring to this as commercial zoning, this is actually Planned Unit Development Zoning with a GB underlying with a very strict list of about 10 permitted uses. Additional buffer requirements were added, additional screening, consolidated buildings, all in an effort to be responsive to the comments heard. J.R. Johnson, 1502 Bentlake Lane, addressed Council stating he has the same concerns as the others. He moved to this neighborhood because of the peace and quiet. There will be running of power supplies, chillers, air handlers, emergency power sources during all hours. Increase of water supply, wastewater increasing, the volume from residential to commercial use causing an infrastructure overload. Yamelis Hennigan, 1711 Brighton Brook Lane, addressed Council stating her backyard would be in the parking lot of this facility. She stated she opposes the location of this facility. She wanted to remind Council they serve the interest of many not the interest of a few. Joseph Montemayor, 3002 Keswick, addressed Council stating the common good in his eyes has always been the true institution of what a community really is. That is why the area was zoned residential to keep that moral fiber and the community intact. Kris McCauley, 1604 Dover Mist Lane, addressed Council stating he is against this facility because of the flooding and financial concerns. If something happens with health care and investors pull out, the residents are stuck with something they did not want. Alfred Ramirez, 2001 Lavender Hills Court, addressed Council stating he shares more than a community with his neighbors. He shares the American dream of working hard and buying a house. Isn't residential use considered the highest use, the one most protected under zoning and land use principles? Stand up and represent the residents with your decision. Arwen Jackson, 3401 Crossbranch Court, addressed Council stating she is speaking from the point of view of a Homeowners Association board member. She is asking Council to vote "no" there are other places this facility could be built. Mr. Steve Lewis, 1803 Brighton Brook Lane, addressed Council stating he lives within Page 8 of 15 — 5/21/2012 the 200 feet range of where this facility is going to be built and he did not receive notification, he found out from his neighbor. We do not need to disrupt residential land for another hospital facility. Discussion ensued between Council, Tim Delgado representative for University General Hospital and Assistant City Manager Mike Hodge regarding the description of services provided by the facility, traffic, sirens, flooding and drainage. Voting "Aye" Councilmembers Owens, Sherrouse, Sherman, and Hill. Voting "No" None. Motion passed 4 to 0, with Councilmember Harris absent. COUNCIL ACTION — RESOLUTION NO. R2012-61— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 3 AUTHORIZING THE ISSUANCE OF $5,950,000 UNLIMITED TAX AND REVENUE REFUNDING BONDS, SERIES 2012. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2012-61 and R2012-62. City Manager Bill Eisen reported that both of these items involve MUD districts in the City extraterritorial jurisdiction. Both MUD No. 2, and MUD No. 3, are in the Silverlake area. In each of these cases of New Business No. 2 and New Business No. 13, the proposal that Council is being asked to consider is approving the issuance of bond which would essentially be refunding bonds for those two entities. Very similar to the process the City has gone through in the last several years where the City is replacing existing debt with lower interest rate debt. Mr. Eisen stated that while Mayor Reid called on both New Business No. 2 and New Business No. 13, the Council can act on both simultaneously. Mr. Craig Rathman, Financial Advisor for both MUD Districts stated he would be available for questions anybody might have. Voting "Aye" Councilmembers Hill, Sherman, Sherrouse, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Harris absent. COUNCIL ACTION — RESOLUTION NO. R2012-66 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY Page 9 of 15 — 5/21/2012 MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR AUDIT SERVICES. Mr. Bill Eisen, City Manager. Councilmember Hill made the motion, seconded by Mayor Pro -Tem Sherman, to approve Resolution No. R2012- 66. Councilmember Owens steps out of the Council Chamber. City Manager Bill Eisen reported for the last six years the City has employed the Accounting Firm of Null Lairson, LLP., to conduct the City's annual audit. During the last year Null Lairson merged with the firm Whitley Penn, LLP. Staff believes the merger would not affect the firm's ability to provide audit services to the City. Under the City's financial policies, next year the City will go through a request for proposal for audit services. Staff recommends that Council award the audit services for the upcoming year to Whitley Penn, LLP. Voting "Aye" Councilmembers Hill, Sherman, Sherrouse. Voting "No" None. Motion Passed 3 to 0, Councilmember Owens absent from the Chamber. Councilmember Harris absent. COUNCIL ACTION — RESOLUTION NO. R2012-72 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE BRAZOSPORT WATER AUTHORITY. Mr. Mike Hodge, Assistant City Manager. Councilmember Sherrouse made the motion, seconded by Mayor Pro -Tem Sherman, to approve Resolution No. R2012- 72. Councilmember Owens returns to the Council Chamber. City Manager Bill Eisen reported City Council authorized the City's participation in submittal of grant applications to a number of communities and water districts within the Brazoria County to do some long term water resource planning. Council is being asked to formalize that agreement between the City of Pearland and Brazos Port Authority which is going to be the lead agency with regard to implementing the study. Voting "Aye" Councilmembers Owens, Sherrouse, Sherman, and Hill. Voting "No" None. Page 10 of 15 — 5/21/2012 Motion Passed 4 to 0, with Councilmember Harris absent. COUNCIL ACTION — RESOLUTION NO. R2012-65 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE STATE HIGHWAY 35 WATERLINE EXTENSION PROJECT. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Sherman, to approve Resolution No. R2012- 65. City Manager Bill Eisen reported this item involves the award of a construction bid for a waterline along a portion of Highway 35. The primary purpose for this waterline is to improve the distribution of water within the City system. Council is being asked to award the bid to Reddico Construction Company in the amount of $262,592.25. Voting "Aye" Councilmembers Hill, Sherrouse, Owens, and Sherman. Voting "No" None. Motion Passed 4 to 0, Councilmember Harris absent. COUNCIL ACTION — RESOLUTION NO. R2012-60 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE TWIN CREEK REGIONAL LIFT STATION SANITARY SEWER AND FORCE MAIN PROJECT. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2012-60. City Manager Bill Eisen reported this is a bid proposal for new construction of a lift station and associated sewer mains in the Twin Creek area. The low bid in the amount of $2,371,573.35, is E.P. Brady, Ltd. Reference checks have come back positive. Staff recommends awarding the bid to E.P. Brady, Ltd. Voting "Aye" Councilmembers Owens, Sherrouse, Sherman, and Hill. Voting "No" None. Motion Passed 4 to 0, with Councilmember Harris absent. Page 11 of 15 — 5/21/2012 COUNCIL ACTION — RESOLUTION NO. R2012-64 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR GROUNDS MAINTENANCE SERVICES. Mr. Bill Eisen, City Manager. Councilmember Hill, made the motion, seconded by Mayor Pro -Tem Sherman, to approve Resolution No. R2012- 64. City Manager Bill Eisen reported several months ago Council considered a bid award for various ground maintenance on a number of different facilities and locations in the City. One of the firms has not demonstrated the ability to successfully do the work. It is staff recommendation to award those services to Metropolitan Landscape Professionals, to provide landscape services to the Recreation Center/Natatorium and Tom Reid Library. The other two (2) affected locations, FM 518 -Business Center to FM 521, and University of Houston Clear Lake campus, are recommended to be awarded to Cornerstone Maintenance Inc. The total cost for all is $37,977. Discussion ensued between Councilmember Sherrouse, City Manager Bill Eisen and Assistant City Manager Jon Branson regarding the budget and expenditures. Voting "Aye" Councilmembers Hill, Sherman, Sherrouse, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Harris absent. COUNCIL ACTION — RESOLUTION NO. R2012-69 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR LARGE WATER METER TESTING SERVICES. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Sherman, to approve Resolution No. R2012- 69. City Manager Bill Eisen reported this is a proposed one year option period renewal for bids received several years ago from United Water Solutions for testing of large water meters and onsite repairs. The company is willing to renew the contract for another year with no increase in pricing. The estimated cost is $75,000. Voting "Aye" Councilmembers Owens, Sherrouse, Sherman, and Hill. Voting "No" None. Motion Passed 4 to 0, with Councilmember Harris absent. Page 12 of 15 — 5/21/2012 COUNCIL ACTION — RESOLUTION NO. R2012-70 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A SPECIAL EVENTS PERMIT FOR THE SHADOW CREEK RANCH TRIATHLON. Ms. Colene Cabezas, Recreation Superintendent. Councilmember Sherrouse made the motion, seconded by Mayor Pro -Tem Sherman, to approve Resolution No. R2012-70. City Manager Bill Eisen reported last year City Council considered awarding a permit to a group to hold a Triathlon in the Shadow Creek Ranch area. The event was held successfully with minimal or no complaints from the neighborhood. Council is being asked to approve the event again this year. Voting "Aye" Councilmembers Hill, Sherman, Sherrouse, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Harris absent. COUNCIL ACTION — RESOLUTION NO. R2012-73 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF PLAYGROUND EQUIPMENT. Ms. Michelle Smith Director of Parks and Recreation. Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Sherrouse, to approve Resolution No. R2012- 73. City Manager Bill Eisen reported this is a proposal to replace playground equipment at Centennial Park. The equipment at the Park had deteriorated to the point it had to be removed. Council is being asked to consider awarding a contract to Lone Star Recreation in the amount of $99,959 for the purchase of playground equipment. Assistant City Manager Jon Branson stated there is $185,000 available in that particular Zone. Voting "Aye" Councilmembers Owens, Sherrouse, Sherman, and Hill. Voting "No" None. Motion Passed 4 to 0, with Councilmember Harris absent. COUNCIL ACTION — RESOLUTION NO. R2012-74 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A TAX ABATEMENT AGREEMENT Page 13 of 15 — 5/21/2012 WITH REF -CHEM, L. P. Mr. Matt Buchanan, President of Pearland Economic Development. Councilmember Hill made the motion, seconded by Councilmember Owens, to approve Resolution No. R2012-74. City Manager Bill Eisen reported this item was previously considered by Council and at that time based on information from persons affiliated with Ref -Chem. They were in agreement with a standard of maintaining 100 employees at the location throughout the term of the tax abatement. Since then the most senior person on the financial side of the company who apparently had not had the opportunity to review some of the provisions of the agreement has requested that the City considers reducing the minimum standard for employees at the location to 85. There has been discussion regarding the Grant from Pearland Economic Development to reduce the amount of the Grant to commissure with the reduction of the number of personnel at the location. Voting "Aye" Councilmembers Hill, Sherman, Sherrouse, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Harris absent. COUNCIL ACTION — RESOLUTION NO. R2012-75 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CONTINUED PARTICIPATION IN THE CRIMINAL JUSTICE DIVISION - GENERAL VICTIM ASSISTANCE DIRECT SERVICES GRANT PROGRAM. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Hill, to approve Resolution No. R2012-75. City Manager Bill Eisen reported a couple of months ago Council considered this item and at that time approved a resolution with regard to the grant application. HGAC has requested some modifications to the wording of the resolution. Council is being asked to approve the modifications to the Resolution. Voting "Aye" Councilmembers Owens, Sherrouse, Sherman, and Hill. Voting "No" None. Motion Passed 4 to 0, with Councilmember Harris absent. COUNCIL ACTION — RESOLUTION NO. R2012-62 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 AUTHORIZING THE Page 14 of 15 — 5/21/2012 ISSUANCE OF $2,345,000 UNLIMITED TAX AND REVENUE REFUNDING BONDS, SERIES 2012. Mr. Bill Eisen, City Manager. City Council acted on R2012-61 and R2012-62 both simultaneously. COUNCIL ACTION — REGARDING THE OPENING OF THE SWIMMING POOL FOR THE SUMMER AT INDEPENDENCE PARK. Ms. Michelle Smith, Parks Director. Councilmember Sherrouse made the motion, seconded by Mayor Pro -Tem Sherman, to approve opening the swimming pool for the summer at Independence Park with option 2-A. City Manager Bill Eisen reported from the discussion during the workshop, Council wanted to proceed with opening the pool this summer. Voting "Aye" Councilmembers Hill, Sherman, Sherrouse, and Owens. Voting "No" None. ' Motion Passed 4 to 0, with Councilmember Harris absent. OTHER BUSINESS: XI. ADJOURNMENT Meeting was adjourned at 10:19 p.m. Minutes approved as submitted and/or corrected this the 13th day of August, A.D., 2012. Tom Reid Mayor ATTEST: rk�%,�pRi.gyo,l Yq u g Lorf' it Secre e a. Page 15 of 15 — 5/21/2012