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HomeMy WebLinkAbout2012-10-08 CITY COUNCIL REGULAR MEETINGMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, OCTOBER 8, 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 7:30 p.m. with the following present: Mayor Tom Reid Mayor Pro-Tem Susan Sherrouse Councilmember Scott Sherman Councilmember Keith Ordeneaux Councilmember Greg Hill Assistant City Manager Mike Hodge City Attorney Darrin Coker City Secretary Young Lorfing Absent: Councilmember Woody Owens. Others in attendance: Jon Branson Assistant City Manager; Matt Buchanan President of Economic Development Corporation; Danny Cameron Public Works Director; Trent Epperson Director of Engineering and Capital Projects; Lata Krishnarao Director of Community Development; Claire Bogard Finance Director; Sparkle Anderson Public Affairs Manager; Harold Ellis City Planner; Skipper Jones Assistant Director of Capital Projects; Johnny Spires Assistant Police Chief. The invocation was given by past Councilmember Ed Thompson and the Pledge of Allegiance was led by Johnny Spires Assistant Police Chief. MAYOR'S ACTIVITY REPORT: Mayor Reid presented a Proclamation proclaiming Monday, October 8, 2012, as "Pearland Saints Day" to Coach Raymond and Melissa Rocha, Assistant Coach Rory and Maryann Fox and the Pearland Saints Team. Mayor Reid reported on September 25, he attended the Greater Houston Partnership "The Business of Art" Presentation, met with Mike Flanagan/AT&T on Pearland AT&T Services; September 26, he attended the Pearland Chamber of Commerce Leadership Council with Mike Hodge Assistant City Manager, he attended the Sam's Club Soft Opening and Grant Presentations to Community Organizations, he tapped keg to open Octoberfest at King's Biergarten; September 27, he attended the Sam's Club Formal Ribbon Cutting and Grand Opening, the Autumn Leaves Community Breakfast, the Pearland Economic Development Monthly Board of Directors Meeting; September 28, he attended the Houston -Galveston Area Council Transportation Policy Council/Board of Directors Meeting with Mike Hodge Assistant City Manager; September 29, he Page 1 of 13 — 10/8/2012 welcomed Houston Greeters for the Tour of Hindu Temple, he presented Certificates at the Forgotten Angels Event; September 30, he presented a Proclamation to Consul General for the National China Day Event; October 1, he attended the Pearland Council Workshop; October 2, he joined Police Chief J.C. Doyle for National Night Out; October 3, he attended the Destination Marketing/Chamber Hot Occupancy Tax Seminar with Councilmembers and Staff; October 4, he welcomed Red Cat Jazz Festival to Pearland Town Center, attended the Chamber of Commerce Elected Officials Open House with Councilmembers; October 5, he presented a Proclamation for Republic of Taiwan National Day; October 6, he attended the Pearland Arts League Corks and Canvas, and the University of Houston Clear Lake Alumni Awards Celebration; October 7, he presented a Proclamation for West Church of Christ Founders and Friends Day. COUNCIL ACTIVITY REPORTS: Councilmember Owens was absent. Councilmember Sherman reported on September 26, he attended Sam's Club Soft Opening and Grant Presentations to community organizations; October 2, attended the National Night Out; he attended the Pearland Chamber of Commerce Elected Officials Open House; he announced the Reading Center will have their golf tournament on October 26, 2012. There are spots available if anyone would like to play. Mayor Pro-Tem Sherrouse reported on September 27, she attended Sam's Club Formal Ribbon Cutting and Grand Opening; she attended Pearland Lumber/Ace Hardware's 60th Birthday; October 3, she attended the Destination Marketing/Chamber Hot Occupancy Tax Seminar; October 4, she attended the Pearland Chamber of Commerce Elected Officials Open House; Thursday nights she attends the Pearland Citizens Police Academy; she attended the Brazoria County Tactical Officers Range Grand Opening. They shot off a 50 caliber gun and blew up a car; it was a lot of fun. She stated coming up is the Keep Pearland Beautiful Plant Thyme Fall Luncheon. She further stated Pearland Farmers Market is going to have a plant sale for Keep Pearland Beautiful. Councilmember Ordeneaux reported on September 27, he attended the Westside Republican Office to meet the Candidates and Elected Officials; October 3, he attended Destination Marketing/Chamber Hotel Occupancy Tax Seminar; October 4, he attended the Pearland Chamber of Commerce Elected Officials Open House. Councilmember Hill reported he attended the Pearland Lumber/Ace Hardware's 60th Birthday; he attended the Northern Brazoria County and Pearland Sub Regional Planning Meeting with Assistant City Manager Jon Branson; he attended the Pearland Live Stock Show and Career Expose; October 2, he Page 2 of 13—10/8/2012 attended the National Night Out; October 3, he attended the Destination Marketing/Chamber Hot Occupancy Tax Seminar; October 4, he attended Pearland Chamber of Commerce Elected Officials Open House; he attended the YMCA Staff Campaign Kick Off; he announced the Lion's Club Annual Turkey Shoot will be October 20 and 21, 2012. ASSISTANT CITY MANAGER'S REPORT: Assistant City Manager Mike Hodge reported as of August 2012, Pearland population is over 100,000 and still growing. The Old Alvin Bridge at Hickory Slough is now open. CITIZENS: None. DOCKETED PUBLIC HEARING: None. CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the September 17, 2012, Regular Meeting held at 7:30 p.m. 2. Minutes of the September 4, 2012, Public Hearing held at 6:30 p.m. 3. Minutes of the September 4, 2012, Public Hearing held at 6:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — EXCUSE COUNCILMEMBER GREG HILL FROM THE SEPTEMBER 24, 2012, CITY COUNCIL REGULAR MEETING. City Council. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1469 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A CERTAIN ROAD AND PUBLIC EASEMENTS RECORDED IN THE PLAT RECORDS OF, BRAZORIA COUNTY, TEXAS, WITHIN THE CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. D. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE REAPPOINTMENT OF SHARI COLEMAN, TO POSITION NO. 3 AND ALETHEIA LAWRY, TO POSITION NO. 4 ON THE ANIMAL SHELTER ADVISORY COMMITTEE FOR A 3-YEAR TERM EXPIRING NOVEMBER 1, 2015. City Council. Page 3 of 13 — 10/8/2012 E. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE REAPPOINTMENT OF MARK WELLMAN, TO POSITION NO. Al, JACK JR. MCGUFF TO POSITION NO. A2, AND ROBERT CAMPBELL TO POSITION NO. 4 ON THE BUILDING/FIRE CODE BOARD OF ADJUSTMENTS FOR A 5- YEAR TERM EXPIRING NOVEMBER 1, 2017. City Council. F. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE REAPPOINTMENT OF JAMES E. GILBERT, TO POSITION NO. 3 ON THE CIVIL SERVICE COMMISSION FOR A 3-YEAR TERM EXPIRING NOVEMBER 1, 2015. THIS CIVIL SERVICE REAPPOINTMENT IS THE CITY MANAGER'S APPOINTMENT RATIFIED BY COUNCIL. Mr. Bill Eisen, City Manager. G. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE REAPPOINTMENT OF BILL SLOAN, TO POSITION NO. 2 AND ED BAKER, TO POSITION NO. 4 ON THE DEVELOPMENT AUTHORITY OF PEARLAND FOR A 2-YEAR TERM EXPIRING SEPTEMBER 1, 2014. City Council. H. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE REAPPOINTMENT OF RON BAVARIAN TO POSITION NO.1, AND ROBERT KETTLE, TO POSITION NO. 3 ON THE ELECTRICAL BOARD FOR A 2-YEAR TERM EXPIRING NOVEMBER 1, 2014. City Council. I. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE REAPPOINTMENT OF TODD R. IOCCO, TO POSITION NO. 3 ON THE GAS & PLUMBING BOARD FOR A 5-YEAR TERM EXPIRING NOVEMBER 1, 2017. City Council. J. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE REAPPOINTMENT OF TERRY J. RUIZ, TO POSITION NO. 3 AND ELIZABETH MCLANE, TO POSITION NO. 6 ON THE LIBRARY BOARD FOR A 3-YEAR TERM EXPIRING NOVEMBER 1, 2015. City Council. K. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE REAPPOINTMENT OF HENRY N. FUENTES TO POSITION NO. 3 AND GINGER H. MCFADDEN, TO POSITION NO. 5, ON THE PLANNING AND ZONING COMMISSION FOR A 3-YEAR TERM EXPIRING NOVEMBER 1, 2015. City Council. Page 4 of 13 - 10/8/2012 L. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE REAPPOINTMENT OF MARJORIE WILCOXSON, TO POSITION NO. 7 ON THE PARKS, RECREATION & BEAUTIFICATION BOARD FOR A 3-YEAR TERM EXPIRING NOVEMBER 1, 2015. City Council. M. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE REAPPOINTMENT OF GARY W. IDOUX, TO POSITION NO. 6, BRANDON K. DANSBY TO POSITION NO. 2 AND JIM BURNETT TO POSITION NO. 4 ON THE & PEARLAND ECONOMIC DEVELOPMENT CORPORATION FOR A 2-YEAR TERM EXPIRING NOVEMBER 1, 2014. City Council. N. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE REAPPOINTMENT OF HERBERT S. FAIN, TO POSITION NO. 3, GARY W. COOK TO POSITION NO. 4, KENNETH R. PHILLIPS TO POSITION NO. 5 ON THE TIRZ BOARD #2 FOR A 2-YEAR TERM EXPIRING NOVEMBER 1, 2014. City Council. O. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE REAPPOINTMENT OF DALE E. PILLOW, TO POSITION NO.1, JESSICA ANDERSON TO POSITION NO. Al, DONALD R. GLENN, TO POSITION NO. 3 AND SHANNON W. MCAULIFFE TO POSITION A3 THE ZONING BOARD OF ADJUSTMENTS FOR A 2-YEAR TERM EXPIRING NOVEMBER 1, 2014. City Council. P. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2012-141 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN THE STATE OF TEXAS PURCHASING CONTRACT FOR THE PURCHASE OF COMPUTERS. Mr. Bill Eisen, City Manager. Q. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2012-126 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BETWEEN THE REGION 4 EDUCATION SERVICE CENTER, WHICH SPONSORS THE COOPERATIVE PURCHASING NETWORK (TCPN), PROVIDING FOR A COOPERATIVE PURCHASING PROGRAM FOR GOODS AND SERVICES; DESIGNATING THE CITY MANAGER OR HIS DESIGNEE AS OFFICIAL REPRESENTATIVE OF THE CITY Page 5 of 13 — 10/8/2012 OF PEARLAND, TEXAS RELATING TO THE PROGRAM; AND AUTHORIZING THE PURCHASE OF TIRES THROUGH THE TCPN. Mr. Bill Eisen, City Manager. R. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2012-145 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF PIPE, FITTINGS AND FIRE HYDRANTS ASSOCIATED WITH THE TWIN WOODS AND CLEARCREEK ESTATES WATERLINE UPGRADE PROJECT. Mr. Bill Eisen, City Manager. Mayor Reid asked that Consent Agenda Item E be removed from the Consent Agenda to be placed on a future agenda. Councilmember Sherman made the motion, seconded by Mayor Pro-Tem Sherrouse, to adopt Consent Agenda Items A through R with the exception of item E, as presented on the Consent Agenda. Voting "Aye" Councilmembers Sherman, Sherrouse, Ordeneaux, and Hill. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. MATTERS REMOVED FROM CONSENT AGENDA As requested by Mayor Reid Consent Agenda Item E was removed from the Consent Agenda and will be placed on a future agenda. NEW BUSINESS COUNCIL ACTION — RESOLUTION NO. R2012-143 — A RESOLUTION RECOGNIZING THE SERVICES AND CONTRIBUTIONS OF ED THOMPSON. Mayor and Council. Mayor Pro-Tem Sherrouse made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2012-143. Mayor Reid presented past Councilmember Ed Thompson with Resolution No. R2012-143 recognizing him as unselfishly contributing his time, talents, and energies to serve the people of the City of Pearland. Voting "Aye" Councilmembers Sherman, Sherrouse, Ordeneaux, and Hill. Voting "No" None. Page 6 of 13 — 10/8/2012 Motion Passed 4 to 0, with Councilmember Owens absent. Ed Thompson thanked everyone for the recognition and Resolution. He further stated it was a honor to be part of Pearland City Council; to work with Councilmembers and City Staff. Pearland has been good to him and his family; they love Pearland very much. SECOND AND FINAL READING OF ORDINANCE NO. 2000M-87 — 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 17.7063 ACRE (771,287 SQUARE FEET) TRACT OF LAND OUT OF THE R. T. BLACKBURN SURVEY, ABSTRACT 160, HILL COUNTY, TEXAS; AND BEING OUT OF AND A PORTION OF LOT 22 AND LOT 30 OF THE ORCHARD RIDGE ADDITION TO ALMEDA AS RECORDED BY PLAT FILED IN VOLUME 64, PAGE 7 OF THE DEED RECORDS OF HILL COUNTY, TEXAS; AND BEING ALL OF AND THE SAME AS THE CERTAIN CALLED 7.410 ACRE TRACT OF LAND AND ALL OF AND THE SAME AS THE CERTAIN CALLED 0.400 ACRE TRACT OF LAND, BOTH AS CONVEYED TO CSBWMD ALL TERRAIN VEHICLES, INC., IN WARRANTY DEED DATED SEPTEMBER 18, 1989, AS RECORDED IN FILE NUMBER M-327774 OF THE CLERK'S FILES OF HILL COUNTY, TEXAS; AND BEING ALL OF THE SAME AS THAT CERTAIN CALLED 9.896 ACRE TRACT OF LAND AS CONVEYED TO CSBWMD ALL TERRAIN VEHICLES, INC., IN WARRANTY DEED DATED SEPTEMBER 18, 1989, AS RECORDED IN FILE NUMBER M-327773 OF THE CLERK'S FILES OF HILL COUNTY, TEXAS. (LOCATED AT 322 RILEY ROAD, PEARLAND, TEXAS), ZONE CHANGE 2012-05Z, A REQUEST OF DANIEL FRAYNE, APPLICANT, ON BEHALF OF JDI VENTURES, INC., OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE SPECTRUM DISTRICT (DISTRICT S5) (SP5) ZONE TO THE LIGHT INDUSTRIAL (M-1) 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. Mayor Pro-Tem Sherrouse made the motion, seconded by Councilmember Sherman, to approve Ordinance No. 2000M-87 on its second and final reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for denial of Application No. 2012-05Z. Assistant City Manager Mike Hodge reported Staff is recommending to Council to consider the zone change request. Page 7 of 13 — 10/8/2012 Kevin Cole and Patrick Mahony, 11233 Shadow Creek Parkway, Suite 200, addressed Council requesting an approval for the Light Industrial (M-1) Zone change. Discussion ensued between Council, Kevin Cole and Patrick Mahony regarding the property setting back 900 feet from the City limit line. Voting "Aye" Councilmembers Sherman, Sherrouse, Ordeneaux, and Hill. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. FIRST READING ORDINANCE NO. 2000M-89 — 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 67.4 ACRES OF LAND LOCATED IN THE H.T. & B. R.R. CO. SURVEY, ABSTRACT 233, BRAZORIA COUNTY, TEXAS, MORE PARTICULARLY BEING A PORTION OF LOTS 62, 63, 68, 69, AND 94 OF THE W. ZYCHLINSKI SUBDIVISION OF RECORD IN VOLUME 29, PAGE 43 OF THE DEED RECORDS OF BRAZORIA COUNTY TEXAS (B.C.D.R.). (LOCATED ON THE EAST AND WEST SIDES OF OLD ALVIN ROAD, PEARLAND, TEXAS), ZONE CHANGE 2012-08Z, A REQUEST OF ALAN MUELLER, APPLICANT, ON BEHALF OF S. E. CEMETERIES OF TEXAS, INC., OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE GENERAL COMMERCIAL (GC) AND SINGLE FAMILY RESIDENTIAL-1 (R-1) TO THE 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. Councilmember Ordeneaux made the motion, seconded by Councilmember Hill, to approve Ordinance No. 2000M-89 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. 2012-08Z. Assistant City Manager Mike Hodge reported Council is being asked to consider the zone change. Alan Mueller, 4201 Broadway, addressed Council stating he is pleased with the unanimous recommendation from the Planning and Zoning Commission. Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, and Sherman. Page 8 of 13—10/8/2012 Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. FIRST READING ORDINANCE NO. 2000M-90 — 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 ALL OF THAT CERTAIN 18.26 ACRES OF LAND OUT OF THE 18.284 ACRE TRACT DESCRIBED IN THE DEED FROM DAN MICHAEL WORRALL, ET. UX. TO VIVIEN NAEVE RECORDED UNDER DOCUMENT NO. 2004 018266, IN THE OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS. (LOCATED EAST OF THE NORTHEAST CORNER OF PEARLAND PKWY AND JOHN LIZER RD, PEARLAND, TEXAS), ZONE CHANGE 2012-09Z, A CHRIS LESAK, APPLICANT, ON BEHALF OF VIVIEN NAEVE, OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE NEIGHBORHOOD SERVICE (NS) ZONE TO THE SINGLE FAMILY RESIDENTIAL-1 (R-1) 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 Hill made the motion, seconded by Councilmember Sherman, to approve Ordinance No. 2000M-90 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. 2012-09Z. Assistant City Manager Mike Hodge reported Council is being asked to consider the zone change request. Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, and Sherman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION — RESOLUTION NO. R2012-144 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A DESTINATION MARKETING AGREEMENT WITH THE PEARLAND CHAMBER OF COMMERCE. Mr. Bill Eisen, City Manager. Councilmember Sherman made the motion, seconded by Mayor Pro-Tem Sherrouse, to approve Resolution No. R2012-144. Page 9 of 13 — 10/8/2012 Assistant City Manager Mike Hodge reported Council is being asked to authorize the City Manager or his designee to enter into a Destination Marketing Agreement with the Pearland Chamber of Commerce. Discussion ensued between City Council and Corey Cart, Vice President of Destination Marketing for the Chamber of Commerce regarding the Advisory Board. Voting "Aye" Councilmembers Sherman, Sherrouse, Ordeneaux, and Hill. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION — RESOLUTION NO. R2012-140 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE BELLAVITA WATERLINE INTERCONNECT. Mr. Bill Eisen, City Manager. Mayor Pro-Tem Sherrouse made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2012-140. Assistant City Manager Mike Hodge reported Council is being asked to award the contract for construction in the amount of $367,750. to Alcott Inc., dba TCH. Voting "Aye" Councilmembers Sherman, Sherrouse, Ordeneaux, and Hill. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION — RESOLUTION NO. R2012-139 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE BUSINESS CENTER DRIVE PROJECT. Mr. Bill Eisen, City Manager. Councilmember Ordeneaux made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2012-139. Assistant City Manager Mike Hodge reported Council is being asked to award the contract for construction in the amount of $3,474,998.80 to Lazer Construction Company, Inc. Discussion ensued between Council, Assistant City Manager Mike Hodge and Alton Lacey, owner of Lazer Construction regarding when the construction will begin and a summary of projects Lazer Construction has completed. Page 10 of 13—10/8/2012 Voting "Aye" Councilmembers Sherman, Sherrouse, Ordeneaux, and Hill. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION — RESOLUTION NO. R2012-138 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION MATERIAL TESTING SERVICES ASSOCIATED WITH THE BUSINESS CENTER DRIVE PROJECT. Mr. Bill Eisen, City Manager. Councilmember Hill made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2012-138. Assistant City Manager Mike Hodge reported Council is being asked to approve the construction materials testing services contract with Ninyo & Moore in the amount of $77,400. Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, and Sherman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION — RESOLUTION NO. R2012-137 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES ASSOCIATED WITH THE SHADOW CREEK RANCH PARK PROJECT. Mr. Bill Eisen, City Manager. Councilmember Sherman made the motion, seconded by Mayor Pro-Tem Sherrouse, to approve Resolution No. R2012-137. Assistant City Manager Mike Hodge reported Council is being asked to award the professional services contract to Cobb, Fendley & Associates, Inc. for the Shadow Creek Ranch Park Project in the amount of $649,748.50. Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, and Sherman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. Page 11 of 13 — 10/8/2012 COUNCIL ACTION — RESOLUTION NO. R2012-136 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES ASSOCIATED WITH THE WALNUT LIFT STATION PROJECT. Mr. Bill Eisen, City Manager. Mayor Pro-Tem Sherrouse made the motion, seconded by Councilmember Ordeneaux, to approve Resolution No. R2012-136. Assistant City Manager Mike Hodge reported Council is being asked to award the professional services contract to GC Engineering, Inc. for the design of the new Walnut Street Regional Lift Station, in the amount of $111,638. Voting "Aye" Councilmembers Sherman, Sherrouse, Ordeneaux, and Hill. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION — RESOLUTION NO. R2012-142 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO RENEW A SOFTWARE MAINTENANCE CONTRACT WITH SUNGARD HTE/OSSI AND APPROVING A MAINTENANCE COST SCHEDULE. Mr. Bill Eisen, City Manager. Councilmember Ordeneaux made the motion, seconded by Councilmember Hill, to approve Resolution No. R2012-142. Assistant City Manager Mike Hodge reported Council is being asked to approve the renewing software maintenance contract with Sungard HTE/OSSI and the maintenance cost schedule in the amount of $236,623. Voting "Aye" Councilmembers Hill, Ordeneaux, Sherrouse, and Sherman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. FIRST READING OF ORDINANCE NO. 1470 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, PRESCRIBING THE TYPE OF NOTICE TO BE GIVEN OF THE TIME AND PLACE OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION FOR THE FUTURE ZONING OF PROPERTY LOCATED WITHIN THE BOUNDARIES OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 4. Mr. Darrin Coker, City Attorney. Page 12 of 13—10/8/2012 Councilmember Hill made the motion, seconded by Councilmember Sherman, to approve Ordinance No.1470 on its first reading. Assistant City Manager Mike Hodge reported all of the property located within the Municipal Utility District 4 boundaries will be zoned in January 2013. Zoning the properties when they come into the City is the same procedure that was utilized with Municipal Utility District's 1 and 5. It eliminates the need for each property owner to individually request a public hearing to zone their property. Due to the large number of tracts involved and the challenges in providing standard notification of the zoning, the City has traditionally exercised its ability to use an alternative zoning notification. Specifically, Chapter 211 of the Local Government Code allows the City to adopt an ordinance, by a 2/3's vote, prescribing the alternate form of notice. As in the past, the proposed ordinance will allow for notice of the proposed zoning in the Pearland Reporter News before the 10th day before the public hearing date. In addition, staff will be meeting with residents of Municipal Utility District 4 before the public hearing regarding the zoning issues and to answer any questions they may have. Councilmember Sherman was concerned about the notice going into the City's official newspaper, the Pearland Reporter. He stated the Pearland Reporter does not deliver to Municipal Utility District 4; the residents will not see the notice. Assistant City Manager Jon Branson stated this does not relate to the newspaper posting but on or about October 25, a letter will be sent to all residents in Municipal Utility District 4 notifying them of the entire process. Voting "Aye" Councilmembers Sherrouse, Ordeneaux, and Hill. Voting "No" Councilmember Sherman. Motion Passed 3 to 1, with Councilmember Owens absent. ADJOURNMENT Meeting was adjourned at 8:44 p.m. Minutes approved as submitted and/or corrected this the 14th day of January, A.D., 2013. ATTEST: g Lori , TRMC Secretary Tom Reid Mayor Page 13 of 13—10/8/2012