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HomeMy WebLinkAbout2010-06-14 CITY COUNCIL REGULAR MEETINGMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, JUNE 14, 2010, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:45 p.m. with the following present: Mayor Tom Reid Mayor Pro-Tem Scott Sherman Councilmember Woody Owens Councilmember Steve Saboe Councilmember Ed Thompson City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Absent: Councilmember Felicia Kyle. Others in attendance: Jon Branson Assistant City Manager; Danny Cameron Public Works Director; Glen Turner Interim Director of Fire Services; J.C. Doyle Police Chief; Trent Epperson Project Director; Roland Garcia Fire Marshal; Mike Hodge Assistant City Manager; Lata Krishnarao Planning Director; Narciso Lira City Engineer; Claire Bogard Director of Finance; Michelle Smith Director of Parks and Recreation; Jeff Sundseth EMS Operations Director; Matt Buchanan Executive Director of Economic Development Corporation; Bob Pearce Purchasing Officer. The invocation was given by David L. Smith former City Councilmember and the Pledge of Allegiance was led by J. C. Doyle Police Chief. MAYOR'S ACTIVITY REPORT Mayor Reid reported on May 26, he welcomed the Neighborhood Center Forum Participants; May 27, attended the Parks, Beautification and Recreation Board Meeting and presented a Certificate of Appreciation to Larry Hechathorn a former TxDOT employee on his retirement; May 31, spoke at VFW Post and Bella Vista Veterans Group; June 1, hosted the Neighborhood Center King & Queen Kickoff Event; June 4 joined the Chamber of Commerce for a Walmart (West) Ribbon Cutting and joined the welcome line for Dawson High School and Pearland High School Project Graduation; June 5, joined Councilmember Saboe and spoke and presented a Certificate of Recognition at the Citizenship Forum; June 7, attended the Agenda Meeting and attended the Tax Increment Reinvestment Zone No. 2 Board Meeting; June 8, attended the Northern Brazoria County Education Alliance Board of Directors Meeting and joined Councilmember Sherman at the Annual Meeting of the Shadow Creek Ranch Home Owners Association; June 9, joined the Ribbon Cutting for Little Caesars new business, joined Councilmembers Sherman and Thompson, cut the ribbon for the West Side Page 1 of 15 — 6/14/2010 Library and joined the ground breaking for Faith Community Church; June 10, attended the ribbon cutting of three new businesses and spoke to the Women's Association at Country Place; June 11, attended the Chamber of Commerce Business Before Breakfast; June 12, welcomed attendees at the Hurricane Seminar; June 13, attended St. Helen's Annual Bazaar and June 14, spoke at the Dedication of the Exchange Club Freedom Shrine. Mayor Reid, Fire Marshal Roland Garcia and Director of Fire Services Glen Turner presented a Proclamation to David L. Smith and other amateur radio operators proclaiming June 21 — 28, 2010, as "Amateur Radio Week." COUNCIL ACTIVITY REPORTS Councilmember Owens passed on giving a report. Councilmember Saboe reported he attended a Citizenship Forum held at Epiphany Church sponsored by the Adult Reading Center. Mayor Pro-Tem Sherman attended Project Graduation at Dawson and Pearland High Schools. He stated the West Side Library substation opened for pick up and drop off of books June 9. Councilmember Kyle was absent. Councilmember Ed Thompson took a tour of City Departments with City Manager Bill Eisen. He stated, he got to visit with Department heads and a lot of people who really are the backbone of the City. He was impressed by the dedication of a lot of people that work very hard every day in this City to make it what it is. He appreciates them opening their doors and allowing him to come in and take a look at what they do. He was quite impressed. He stated, we have some very fine folks in the City and some very fine Departments. As citizens, we should be very proud of them. He attended a Pearland Rotary Club Meeting where Congressman Pete Olson spoke. He attended an event recognizing Pearland Lady Oilers who won the State Softball Championship and brought that championship to Pearland a second time. There are over one thousand 5A teams in Texas; to be the number one team in the State is quite a feat. He also attended a South Hampton Home Owners Association meeting and the Hurricane Awareness Meeting. CITY MANAGER'S REPORT City Manager Bill Eisen wished to thank to Fire Marshal Roland Garcia and his staff for the program that they put together for citizens on hurricane awareness which was offered last Saturday. He stated, the City is about six to seven weeks away from the opening of the new Natatorium and Recreation Center and memberships are now being offered for this facility. Information can be obtained from the Parks and Recreation Department. Page 2 of 15 — 6/14/2010 CITIZENS Jerry Boyd, 2971 Water Willow Lane, addressed Council regarding him and his partner opening an indoor gun range in the City of Pearland. He stated presently there is no amendment or special permit allowing the discharge of fire arms within the City limits. He is asking Council for an amendment or special permit discharge law. Mary Price, 5204 Main, Pearland expressed concerns about future drilling and oil production. When she purchased her property in 1995, the current oil company had very few working wells at her place and some were not used. Since Densbury Resources Inc. came in, they have reactivated all the wells. More and more of her property has been damaged from spills. With the plans that they have submitted, she will have no suitable tract of land to use of her fifteen and one half acres. The company wants to drill north of her property which is less than 500 feet from her residence. She and her neighbors are concerned about the water wells since in the past they have had gas in their water wells. She stated that since they have no water or sewers out there, they have to have good working wells. Surface land owners have little control or rights when it comes to mineral leases unless they are the owners of the mineral rights. Oil companies are aware of this control. She stated, they run all over the property owners. Her experience has been that the oil companies have not been forthright in coming forward with the facts. She wanted to share her concerns and asked that the City check up on the information that the City has been provided by the company. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the May 17, 2010, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the May 24, 2010, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — EXCUSE COUNCILMEMBER STEVE SABOE'S ABSENCE FROM THE MAY 24, 2010, REGULAR COUNCIL MEETING. City Council. C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2010-77 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR REPLACEMENT OF VALVES AND RELATED EQUIPMENT AT THE CITY'S BARRY ROSE AND LONGWOOD WATER TREATMENT PLANTS AND LIFT STATIONS. Mr. Bill Eisen, City Manager. Page 3 of 15 — 6/14/2010 D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2010-78 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR WATER TREATMENT CHEMICALS AND WATER ANALYSIS SERVICES. Mr. Bill Eisen, City Manager. E. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1358-4 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING NON -DEVELOPMENT USAGE AND SERVICE FEES; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR AN EMERGENCY; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. Ms. Rosalyn Epting, Assistant Director of Parks and Recreation. Councilmember Saboe asked that Consent Agenda Item D be removed from the Consent Agenda for further discussion. Councilmember Owens made the motion, seconded by Councilmember Saboe, to adopt Consent Agenda Items A through E with the exception of item D, as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Saboe, Sherman, and Thompson. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. MATTERS REMOVED FROM CONSENT AGENDA As requested by Councilmember Saboe, Consent Agenda Item D was removed for further discussion. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2010-78 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR WATER TREATMENT CHEMICALS AND WATER ANALYSIS SERVICES. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Consent Agenda Item D. City Manager Bill Eisen stated this is an annual supply contract for various chemicals and compounds used in both water and wastewater treatment. Page 4 of 15 — 6/14/2010 Councilmember Saboe stated, due to the size of this contract being $500,000, he would like to see it under New Business as opposed to the Consent Agenda. He asked what the expenditures for chemicals have been in the prior years. The award has been made to the sole bidder on one of the chemicals and the City should possibly consider looking for more viable bids to make a better comparison. Public Works Director Danny Cameron stated, there is only one company in the South that manufactures that chemical. All other companies would be required to purchase it from them and that would mean they could not compete with that price. The bid went down from last year. Brief discussion ensued between Council and Public Works Director Danny Cameron regarding the contract. Mayor Pro-Tem Sherman also expressed his concern with the amount of the contract and it being on the Consent Agenda. City Manager Bill Eisen acknowledged it was an error in putting it on the Consent Agenda. Voting "Aye" Councilmembers Thompson, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. NEW BUSINESS FIRST READING OF ORDINANCE NO. 2000M-69 — 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 OF LAND APPROXIMATELY 0.9997 ACRE TRACT OUT OF LOT 22 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 20, H.T. & B.R.R. CO. SURVEY, ABSTRACT 506, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 2, PAGE 23 OF THE PLAT OF RECORDS OF BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED AT THE 2201 LINDA LANE, PEARLAND, TX), (ZONE CHANGE APPLICATION NO. 2010-01Z), FROM RESIDENTIAL ESTATE (RE), TO SINGLE FAMILY RESIDENTIAL-12 (SR-12), AT THE REQUEST OF AJITH NAIR AND JEEVA AJITH OWNERS, PROVIDING FOR AN AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY Page 5 of 15 — 6/14/2010 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-69 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for denial of Application No. 2010-01 Z. City Manager Bill Eisen stated this zoning case is a request to change an existing lot on Linda Lane into two lots. Staff had initially recommended denial of the request due to concerns that it would be inconsistent with the larger lot character of that neighborhood. The Planning and Zoning Commission at their last meeting, voted to recommend denial of the application, and as a result of that negative recommendation, a three quarter vote of Council would be required to make the change. S. K Pilla, 3408 Orange Wood Trail, addressed Council and stated he is here regarding 2201 Linda Lane. For this property we only want to build one house and change the direction it sits on the lot. Councilmember Thompson asked how long have you owned this property and if he was aware of the restrictions when he made the purchase. Mr. Pilla responded he purchased the property Tess than two years and was not aware of the building restriction. Mayor Pro-Tem Sherman asked, for purposes of the record, what was the vote of the Planning and Zoning Commission. Mayor Reid stated it was 5 to 0 to denial. Discussion ensued with Council, Assistant City Manager Mike Hodge, City Attorney Darrin Coker and Planning Director Lata Krishnarao. Voting "Aye" None. Voting "No" Councilmembers Owens, Saboe, Sherman, and Thompson. Motion Failed 4 to 0, with Councilmember Kyle absent. Page 6 of 15 — 6/14/2010 FIRST READING OF ORDINANCE NO. 943-18 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE CITY'S COMPREHENSIVE PLAN AS A GUIDE FOR PRESERVING A SENSE OF COMMUNITY, ATTRACTIVENESS AND SAFETY IN PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR CODIFICATION. Mr. Mike Hodge, Assistant City Manager. Mayor Pro-Tem Sherman made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 943-18 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval. City Manager Bill Eisen stated this is a series of recommended changes to the Comprehensive Plan. These specific proposed changes were the result of a series of Workshops held by Council, Joint Workshops with the Council and the Planning and Zoning Commission and finally, a series of eighteen Public Meetings held throughout the community. As a result of these meetings, the Planning and Zoning Commission has recommended approval of these changes. Voting "Aye" Councilmembers Thompson, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. FIRST READING OF ORDINANCE NO. 2000-T-12 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SELECTED PROVISIONS OF THE UNIFIED DEVELOPMENT CODE OF THE CITY; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Mike Hodge, Assistant City Manager. Councilmember Thompson made the motion, seconded by Mayor Pro-Tem Sherman, to approve Ordinance No. 2000-T-12 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval. City Manager Bill Eisen stated when the Planning and Zoning Commission considered this issue after the Public Hearing, they did recommend that one change be made in the document on which the hearing was held, and that is that any fence permit would not be required unless the cost of fence repairs or construction was over $300. With that Page 7 of 15 — 6/14/2010 amendment to the original issues that were considered at the Public Hearing, the Planning and Zoning Commission has recommended by a vote of 5 to 0 that the changes be adopted. Councilmember Thompson stated he is concerned that having a dollar amount specified will leave the interpretation of the need for a permit up to whoever is out there. He asked who will be responsible for this interpretation. Assistant City Manager Mike Hodge stated, the interpretation will be made by the building official. This process is consistent with what is being done now for permanent structures and the variables for each situation are considered to make the final decision. Discussion ensued between Council, Assistant City Manager Mike Hodge and Planning Director Lata Krishnarao. Voting "Aye" Councilmembers Thompson, Sherman, Saboe, Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2010-81 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING A REPORT REGARDING THE CITY'S FIRE AND EMS DEPARTMENTS. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2010-81. After discussion, this item was tabled pending further review and discussion with Staff and with Councilmember Kyle being present. City Manager Bill Eisen stated this item was the topic of the Workshop held previously and pertains to the submittal of the report by the consultant on the Fire and EMS Study. As the City Attorney had clarified earlier, accepting the report does not necessarily imply that the City is going to implement all or any of the recommendations. Council is merely acknowledging that the City did receive the report and that Council has accepted it as the consultant submitted it to you. Councilmember Saboe made the motion, seconded by Mayor Pro-Tem Sherman, to table Resolution No. R2010-81 for further review. Voting "Aye" Councilmembers Owens, Saboe, Sherman, and Thompson. Voting "No" None. Page 8 of 15 — 6/14/2010 Motion Passed 4 to 0, with Councilmember Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2010-79 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR AUDIT SERVICES. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Owens, to approve Resolution No. R2010-79. City Manager Bill Eisen stated this Resolution would authorize a one- year contract in the amount of $66,000 with Null-Laison for the upcoming audit services to be provided for the 2009-2010 fiscal year. Voting "Aye" Councilmembers Owens, Saboe, Sherman, and Thompson. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2010-80 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE 2009 ANNUAL REPORT FOR TAX INCREMENT REINVESTMENT ZONE NO. 2. Mr. Bill Eisen, City Manager. Mayor Pro-Tem Sherman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2010-80. City Manager Bill Eisen stated this relates to Tax Increment Reinvestment Zone No. 2, Shadow Creek Ranch Development, within the City. The annual report that is being presented is required by State Statute to be made once a year to all the participants. Sue Darcy, Marsh Darcy Partners, reviewed the Report for Council and acknowledged all the people who contributed to the compilation of the Report. Drew Pelter, Shadow Creek Ranch Development Company, gave an overview of the growth of Shadow Creek Ranch since last year's Annual Report. Discussion ensued between Council, City Manager Bill Eisen, Assistant City Manager Mike Hodge, Project Director Trent Epperson and Drew Pelter, Shadow Creek Ranch Development Company. Voting "Aye" Councilmembers Thompson, Sherman, Saboe, and Owens. Page 9 of 15 — 6/14/2010 Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2010-82 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, STATING THE CITY'S INTENT REGARDING THE PROPOSED ACQUISITION OF PEARLAND REGIONAL AIRPORT. Mr. Bill Eisen, City Manager. Councilmember Thompson made the motion, seconded by Mayor Pro-Tem Sherman, to approve Resolution No. R2010-82 as amended. City Manager Bill Eisen stated, some time ago, the City Council was approached by the owners of the Pearland Regional Airport with a proposal that the City Council consider purchasing the facility. After some review and discussion, the Council has concluded that it does not wish to move ahead with that consideration. This Resolution is on the agenda as a way of informing the public as to what Council's intent is with regard to this potential purchase. Councilmember Thompson read Resolution No. R2010-82 as follows: RESOLUTION NO. R2010-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND TEXAS, STATING THE CITY'S INTENT REGARDING THE PROPOSED ACQUISITION OF PEARLAND REGIONAL AIRPORT. WHEREAS, the owners of Pearland Regional Airport have approached the City to inquire about the City's interest in purchasing the facility; and WHEREAS, the City has taken the time and expended the effort to investigate, analyze, and consider the impact of such an acquisition, both in the short term and also the long term, on the City; and WHEREAS, after careful consideration of the benefits and the costs of acquiring Pearland Regional Airport, the City Council has determined that such an acquisition at this time would not be in the best interest of the City of Pearland and its residents; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Page 10 of 15 — 6/14/2010 Section 1. That the City Council hereby declines to pursue purchase of Pearland Regional Airport. Councilmember Saboe stated the sole purpose of this Resolution is to inform the public about the decision after a couple of years of consideration. He feels the term "at this time" should be added in Section 1 of the Resolution to allow a future Council to consider the deal under different terms or circumstances. Councilmember Thompson asked for clarification on whether the way the Resolution is written would restrict a future Council in any way. City Attorney Darrin Coker stated, legally it would not restrict a future Council, but for public perception it could. Council could make an amendment of that nature to the resolution. Councilmember Thompson made the motion, seconded by Councilmember Saboe, to amend Resolution No. R2010-82 Section 1 to read that the City Council hereby declines to pursue purchase of the Pearland Regional Airport at this time. Voting "Aye" Councilmembers Thompson, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2010-73 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS AUTHORIZING A LEASE AGREEMENT WITH THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2010-73. City Manager Bill Eisen stated this is an agreement with the Economic Development Corporation to lease a portion of the University of Houston Campus Facility which. This agreement, based upon action by the Economic Development Corporation Board of Directors, is one in which the Economic Development Corporation agrees to pay operating costs associated with the meeting type facility that will be in that wing of the building not used by the University of Houston. The debt service portions under our current plan will be paid through the hotel -motel tax. Any revenue received from rentals of that area would be split proportionate to the contributions of those two entities in any one fiscal year. Page 11 of 15 — 6/14/2010 Discussion ensued between Council, City Manager Bill Eisen, and City Attorney Darrin Coker. Voting "Aye" Councilmembers Owens, Saboe, Sherman, and Thompson. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2010-71 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE ALICE STREET WATER PLANT. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Owens, to approve Resolution No. R2010-71. City Manager Bill Eisen stated this project is part of the infrastructure required to receive water from the City of Houston. The low bidder on this project is Industrial TX Corporation in the amount of $6,846 with a construction time of 360 days. This bid was thirty-nine percent lower than the engineer's estimate for the project. We continue to receive very favorable bids in the current economic climate. Voting "Aye" Councilmembers Thompson, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2010-76 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION MANAGEMENT AND CONSTRUCTION INSPECTION SERVICES ASSOCIATED WITH THE CITY'S ALICE STREET WATER PLANT. Mr. Bill Eisen, City Manager. Mayor Pro-Tem Sherman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2010-76. City Manager Bill Eisen stated this is an agreement for construction management and construction inspection related to the project just awarded. The work is proposed, under this agreement, to be done by LJA Engineering & Surveying with a sub -contract for the inspection portion of the project to be done by Project Surveillance Inc. The total amount of the project is $579,750.40. Page 12 of 15 — 6/14/2010 Discussion ensued between Council, City Manager Bill Eisen, Assistant City Manager Mike Hodge, and Project Director Trent Epperson. Voting "Aye" Councilmembers Owens, Saboe, Sherman, and Thompson. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2010-70 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION MATERIALS TESTING SERVICES ASSOCIATED WITH THE CITY'S ALICE STREET WATER PLANT. Mr. Bill Eisen, City Manager. Councilmember Thompson made the motion, seconded by Mayor Pro-Tem Sherman, to approve Resolution No. R2010-70. City Manager Bill Eisen stated this item is a contract for construction materials testing with Geotest Engineering in the amount of $266,571.50. Discussion ensued between Council, City Manager Bill Eisen, Assistant City Manager Mike Hodge, and Project Director Trent Epperson. Voting "Aye" Councilmembers Thompson, Sherman, Saboe, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2010-74 — 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 AND AN AMENDED MEMORANDUM OF UNDERSTANDING WITH BRAZORIA DRAINAGE DISTRICT NO. 4. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2010-74. City Manager Bill Eisen stated, currently the City and Brazoria Drainage District No. 4 have a Memorandum of Understanding which specifies the responsibilities of the two entities relative to their responsibilities. This agreement amends that existing agreement to reflect those future responsibilities for several drainage projects which are either just completed or under way at this point in time. Voting "Aye" Councilmembers Owens, Saboe, Sherman, and Thompson. Page 13 of 15 — 6/14/2010 Voting "No" None. Motion Passed 4 to 0, with Councilmember Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2010-75 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ARCHITECTURAL SERVICES ASSOCIATED WITH THE CITY'S RENOVATION OF THE CITY HALL COMPLEX. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Owens, to place Resolution No. R2010-75 on the table for discussion. After discussion, this item was passed with no action taken. City Manager Bill Eisen stated, it is his recommendation at this time, that Council take no action with regard to this matter. Given the current status of the upcoming year's budget and some of the potential cost saving measures we are proposing to take, this is probably not a good time to consider this matter. We may, in the budget process itself, recommend that we not move ahead with this project for some time into the future as well as some other projects related to the old Police building. Councilmember Thompson stated, he would like to see us approach the County in regard to their construction —maintenance people doing some of these construction projects. He would like to look into having some sort of agreement where renovations could be done with their labor. The City could reimburse them in that way to get some of this work done at a much lower rate. Mayor Pro-Tem Sherman stated this is the type of thing that we are going to have to do with the decisions that come before Council over the next couple of weeks and months as we get further into the budget process. It is these types of savings measures that our residents are looking for us to make proactively. Councilmember Saboe stated, he is a bit confused by the table. If Council is saying they are going to table something for what could be a year or more, it would possibly be better to take no action. He believes it sends the right message to say we are not going to do it right now. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:38 p.m. to discuss the following: Page 14 of 15 — 6/14/2010 EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY REGARDING PENDING LITIGATION ASSOCIATED WITH OTHON. Mr. Darrin Coker, City Attorney. 2. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING PENDING LITIGATION ASSOCIATED WITH COLE'S FLEA MARKET. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 10:01 p.m. CONSIDERATION AND POSSIBLE ACTION — REGARDING PENDING LITIGATION ASSOCIATED WITH OTHON. City Council. No action taken by Council. CONSIDERATION AND POSSIBLE ACTION — REGARDING PENDING LITIGATION ASSOCIATED WITH COLE'S FLEA MARKET. City Council. No action taken by Council. ADJOURNMENT Meeting was adjourned at 10:02 p.m. Minutes approved as submitted and/or corrected this the 28th day of June, A.D., 2010. ATTEST: Tom Reid Mayor Page 15 of 15 — 6/14/2010 THIS PAGE LEFT BLANK INTENTIONALLY