2006-03-13 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MARCH 13, 2006, 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
Councilmember
Councilmember
Councilmember
City Manager
Deputy City Attorney
City Secretary
Tom Reid
Richard Tetens
Woody Owens
Larry Marcott
Bill Eisen
Nghiem Doan
Young Lorfing
Absent: Mayor Pro -Tem Kevin Cole; Councilmember Steve Saboe
Others in attendance: Assistant City Manager Nick Finan; Assistant City Manager Mike
Hodge; Executive Director of Economic Development Corporation Fred Welch; Police
Chief J.C. Doyle; Lieutenant Ron Fraser; Director of Finance Claire Manthei; Acting
Public Works Director Danny Cameron; EMS Director Jeff Sundseth; Purchasing Officer
Gordon Island; and Project Director Joe Wertz.
The invocation was given by Councilmember Tetens and the Pledge of Allegiance was
led by Lieutenant Ron Fraser.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported on February 28, he attended the Bay Area Transportation
Partnership Breakfast and attended the United Way Annual Awards Banquet; March 2,
attended the Southeast Shriner Club; March 4, attended the Community Health Fair;
March 6, attended the Agenda Meeting and attended the PEDC Monthly Board of
Directors Meeting; March 7, attended the Adult Reading Center Board of Directors
Meeting; March 8 to 10, attended the Texas Association Regional Councils of
Government Quarterly Board of Directors Meeting.
Mayor Reid asked that any person in the audience that had filed for any position to
stand and state their name and the position they have filed for.
Helen Beckman stated that she filed for City of Pearland Council Position No. 2.
Felicia Kyle stated that she filed for City of Pearland Council Position No. 4.
Randy Patro stated that he filed for City of Pearland Council Position No. 4.
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COUNCIL ACTIVITY REPORTS
Councilmembers Tetens and Owens passed on giving a report.
Mayor Pro -Tem Cole and Councilmember Saboe were absent.
Councilmember Marcott stated he would like to acknowledge two residents of Pearland
that have been recognized by Alvin Community College as Alumni of Distinction. Lucy
Stevener, who is on the Economic Development Corporation Board and Dr. Ruth
Marcott, who was recognized for her work with UTMB College of Nursing. He also
stated that he would like to recognize the Projects Department and City Staff for their
work.
Councilmember Saboe was absent.
CITY MANAGER'S REPORT
City Manager Bill Eisen introduced the new Director of Finance, Claire Manthei. Ms.
Manthei was previously the Chief Financial Officer for the City of Sugar Land.
CITIZENS: None.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES:
1. Minutes of the August 15, 2005, Joint Public Hearing held at 6:30 p.m.
2. Minutes of the November 21, 2005, Joint Public Hearing held at 6:30 p.m.
3. Minutes of the February 13, 2006, Special Council Meeting held at 6:30
p.m.
4. Minutes of the February 20, 2006, Joint Public Hearing held at 6:30 p.m.
5. Minutes of the February 20, 2006, Special Council Meeting held at 8:00
p.m.
6. Minutes of the February 27, 2006, Regular Council Meeting held at 7:30
p.m.
7. Minutes of the March 6, 2006, Special Council Meeting held at 8:00 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-820 — AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE
LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION
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OF CERTAIN REAL PROPERTY, LOCATION BEING 1.00 ACRE TRACT, TRACT 2A,
H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 242, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF FM
518 (BROADWAY STREET), AND WEST OF TRANQUILITY LAKE BOULEVARD)
(ZONE CHANGE APPLICATION NO. 2006-09Z) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO NEIGHBORHOOD SERVICE
DISTRICT (NS), AT THE REQUEST OF SUDERSHAN JAMBULAPATI, APPLICANT
FOR JOSEPH B. BENES AND JEWEL H. GENES, OWNERS, PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Assistant City Manager.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1257 — AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, ABANDONING A CERTAIN SIXTY FOOT (60')
RIGHT OF WAY RECORDED IN VOLUME 29, PAGE 43 OF THE DEED RECORDS IN
THE H.T. & B.R.R. CO. SURVEY, ABSTRACT 542, 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 — SECOND AND FINAL
READING OF ORDINANCE NO. 1258 — AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE AN EXCHANGE OF LAND IN ACCORDANCE WITH
CHAPTER 272.001 OF THE LOCAL GOVERNMENT CODE; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE.
Mr. Darrin Coker, City Attorney.
E. CONSIDERATION AND POSSIBLE ACTION — REGARDING ACCEPTANCE
OF INVESTMENT REPORT FOR QUARTER ENDING DECEMBER 31, 2005 BY
GOVERNING BODY. Mr. Bill Eisen, City Manager.
Councilmember Tetens made the motion, seconded by Councilmember Owens, to
adopt Consent Agenda Items A through E as presented on the Consent Agenda.
Voting "Aye" Councilmembers Tetens, Owens, and Marcott.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Cole and Saboe absent.
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NEW BUSINESS
FIRST READING OF ORDINANCE NO. 509-821 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY, LOCATION BEING TOWER SHELTER AND
COMMUNICATION EQUIPMENT PERSONAL PROPERTY, BEING OUT OF LOT 5,
JENKINS SUBDIVISION, ABSTRACT 111, PERRY AND AUSTIN SURVEY, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE NORTH
SIDE OF FM 518 (BROADWAY STREET), AND EAST OF LONGWOOD DRIVE)
(ZONE CHANGE APPLICATION NO. 2006-11S) FOR A SPECIFIC USE PERMIT FOR
A COMMERCIAL COMMUNICATIONS TOWER IN THE COMMERCIAL DISTRICT
(C(S)), AT THE REQUEST OF CRICKET COMMUNICATIONS, INC., APPLICANT FOR
CINGULAR WIRELESS, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND
USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE
SUBJECT. Mr. Nick Finan, Assistant City Manager.
Councilmember Owens made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 509-821 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Specific Use Permit Application No. 2006-11 S.
City Manager Bill Eisen stated the Land Use Change requires a Specific Use Permit for
a Commercial Communication Tower.
Voting "Aye" Councilmembers Marcott, Owens, and Tetens.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Cole and Saboe absent.
COUNCIL ACTION — RESOLUTION NO. R2006-38 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT
WITH POAG & MCEWEN LIFESTYLE CENTER -HOUSTON FOR WATER, SANITARY
SEWER AND STORM SEWER IMPROVEMENTS. Mr. Bill Eisen, City Manager.
Councilmember Marcott made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2006-38.
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City Manager Bill Eisen stated this Resolution relates to a development agreement with
Poag & McEwen Lifestyle Centers to construct water, sewer, and street improvements
in the Spectrum area. This item provides for the over -sizing of water, sewage, and
drainage facilities so that areas beyond the focal point of the development plan can be
served. The cost of over -sizing the water is approximately $70,000, over -sizing of the
sewer is approximately $468,000 and over -sizing of drainage is approximately
$1,300,000. The City will incur costs outside the scope of the contract for a regional
detention center in the area. Water and sewer costs will be included in the upcoming
revenue bond sale. The drainage cost will be funded either by adding the costs to an
upcoming bond sale or the Executive Director of Economic Development will approach
the Executive Development Corporation Board for possible funding.
Councilmember Marcott stated he believes the over -sizing of the water and sewer is
very important to the expansion of the City and will save the City a lot of money doing
the job itself.
Councilmember Owens asked if the City is going to review bids.
City Manager Bill Eisen stated the City will review bids and have the ability to reject the
bids.
Councilmember Owens asked if, since it is a joint approval, can a joint approval be
reached before spending $112,000 on contingencies.
City Manager Bill Eisen stated the process can be handled any way Council would like.
Discussion ensued between Council and City Manager Bill Eisen regarding the
Resolution.
Voting "Aye" Councilmembers Tetens, Owens, and Marcott.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Cole and Saboe absent.
COUNCIL ACTION — REGARDING THE PETITION FOR SERVICE TO MUD NO. 30.
Darrin Coker, City Attorney.
Councilmember Tetens made the motion, seconded by Councilmember Owens, to
approve the petition to service Mud No. 3.
City Manager Bill Eisen stated the request is from Municipal Utility District No. 3 and is
for an expansion of the boundaries. All expansion requests from a Municipal Utility
District into the City's Extra Territorial Jurisdiction must be approved by Council.
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Mayor Reid stated he does not feel like the approval would be a very wise decision.
Voting "Aye" None.
Voting "No" Councilmembers Tetens, Owens, and Marcott.
Motion Failed 3 to 0, with Councilmembers Cole and Saboe absent.
FIRST READING OF ORDINANCE NO. 1259 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION
BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 OF 58.0994 ACRES
OF LAND. Mr. Darrin Coker, City Attorney.
Councilmember Owens made the motion, seconded by Councilmember Marcott, to
approve Ordinance No. 1259 on its first reading.
City Manager Bill Eisen stated this Ordinance involves the annexation of 50 acres into
Municipal Utility District No. 28, which is an In -City Municipal Utility District. The
acreage proposed consists of property owned by Maverick Group. The property wraps
around Lowes Home Improvement at the corner of Pearland Parkway and FM 518. It
also includes a small tract located off of O'Day Road.
Councilmember Owens asked how many acres are currently included in the Municipal
Utility District.
City Manager Bill Eisen stated the Municipal Utility District is not one that was capped
because it has a declining reimbursement rate. It appears that, at this time, there is
approximately 511 acres.
Councilmember Marcott stated that he has trouble with the in -City MUDs and what they
cost the city.
Councilmember Tetens stated he also had a hard time understanding why the City
would allow the area to go into a MUD when they have the services available for the
tracts of land.
City Manager Bill Eisen stated that one of the benefits of an in -City MUD is the
developer can recover a portion of their costs. This has been a factor in decisions
made in the past.
Councilmember Marcott stated that the developer's recovery would be at the expense of
the citizens of the City.
Page 6 of 8 — 3/13/2006
Councilmember Marcott stated he is concerned about people in the Legislature coming
after cities to limit the ability to increase taxes when needed. If the City increases taxes
too, high the Citizens will put them out of office.
Brief discussion ensued between Council, City Manager Bill Eisen, and Trey Lary
regarding the Ordinance.
Voting "Aye" Councilmember Owens.
Voting "No" Councilmembers Tetens and Marcott.
Motion Failed 2 to 1, with Councilmembers Cole and Saboe absent.
COUNCIL ACTION — REGARDING AUTHORITY TO CONTRACT WITH H -GAC
ENERGY PURCHASING CORPORATION CONTRACTED VENDORS FOR FUTURE
ELECTRIC CONTRACT. Mr. Bill Eisen, City Manager.
Councilmember Marcott made the motion, seconded by Councilmember Tetens, to
approve authority to contract with H -GAC Energy Purchasing.
City Manager Bill Eisen stated the City currently has a contract, which expires at the
end of June, for the purchase of electricity. H -GAC is the aggregator. The short-term
contract was purchased with the idea that the pricing for electricity would improve in the
Spring. Approval of the contract would allow the City to enter into negotiations with H -
GAC.
Mayor Reid stated he feels H -GAC has been very careful in their work on the energy
selection process.
Councilmember Owens asked what happened with the last contract with H -GAC? He
remembers that H -GAC backed out of the contract.
City Manager Bill Eisen stated that a lawsuit has been filed regarding that contract and
depositions will be taken soon.
Brief discussion ensued between Council and City Manager Bill Eisen regarding the
pending lawsuit.
Voting "Aye" Councilmembers Tetens, Owens, and Marcott.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Cole and Saboe absent.
Page 7 of 8 — 3/13/2006
OTHER BUSINESS:
ADJOURNMENT
Meeting was adjourned at 8:25 p.m.
Minutes approved as submitted and/or corrected this the 27th day of March, A.D., 2006.
ATTEST:
A
ins;
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Tom Reid
Mayor
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