2006-09-25 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON SEPTEMBER 25, 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 7:40 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager.
City Attorney
City Secretary
Tom Reid
Richard Tetens
Kevin Cole
Helen Beckman
Felicia Kyle
Steve Saboe
Bill Eisen
Darrin Coker
Young Lorfing
Others in attendance: Danny Cameron Public Works Director; Trent Epperson Project
Director; Nick Finan Assistant City Manager; Mike Hodge Assistant City Manager; Jeff
Sundseth EMS Operations Director; Fred Welch Executive Director of Economic
Development Corporation; Chris Kidwell Administrative Analyst; Lira Narciso Assistant
City Engineer; Rick Overgaard Assistant Director of Finance.
The invocation was given by Councilmember Kyle and the Pledge of Allegiance was led
by EMS Operations Director Jeff Sundseth.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported September 12, he Chaired the Pearland Development Authority
Board of Directors Meeting and Chaired the Pearland Area Citizen's Corps Board
Meeting; September 13, he attended the Pearland Arts League Board of Directors
Meeting, the Pearland Adult Reading Center Board of Directors Meeting, met with
Director of Economic Development Corporation Fred Welch and Developers for
Spectrum, and presented a Certificate of Recognition to Dr. Ferguson for 50 years of
Masonic work; September 15, attended State Representative Glenda Dawson's
Memorial Service; September 16, presented Proclamation to VFW District 16 at the
POW/MIA Remembrance Event; September 17, presented a Certificate of Recognition
to Dr. Brian Gigee for 25 years of Ordination in the Lutheran Church; September 18,
attended Agenda Meeting, Regular Council Meeting, and the School District Education
Improvement Committee Meeting; September 19, attended the H -GAC Board of
Directors Meeting; September 20, attended the Chamber Monthly Luncheon;
September 21, attended the Chamber Leadership Council Meeting, the Ribbon Cutting
for John Baxter and Associates, the Gulf Coast Water Authority Annual Luncheon and
Meeting, the Chamber Pearland Jam Event, and presented a Proclamation for Dr.
Beechall's 100th Birthday; September 22, attended the H -GAC Transportation Policy
Annual Board of Directors Meeting and met with Dr. Linderman, San Jacinto College,
Page 1 of 15 — 9/25/2006
City Manager Bill Eisen, and Executive Director of Economic Development Corporation
Fred Welch regarding the school campus; September 23, attended the service for
Lance Corporal Ryan Miller and the Bay Area Transportation Partnership Monthly
Luncheon; September 25, attended the Pearland Economic Board of Directors Meeting.
COUNCIL ACTIVITY REPORTS
Councilmember Saboe stated he appreciated the contributions that State
Representative Glenda Dawson made during her life. He attended the PearJam Kick-
off Party Thursday, September 21, which was sponsored by the Pearland Chamber of
Commerce. He enjoyed the event and looks forward to future events from the Chamber
of Commerce.
Councilmember Beckman reported September 12, she attended the reception for the 9th
Leadership Pearland Class, which is a class that is a wonderful opportunity for anyone
living in Pearland and is sponsored by Pearland Chamber of Commerce. September
20, she attended a meeting in Angleton regarding a proposed regional recycling center
in Angleton and the BCCA dinner hosted by Oyster Creek. She participates with the
Eyes of Pearland each month and supports a volunteer group that collects illegal signs
around the City.
Mayor Pro -Tem Tetens passed on giving a report.
Councilmember Kyle reported September 12, she attended the reception for the
Leadership Pearland Class and it was inspirational to see the group of old and new
people come together. She also attended the Women's Alliance Club Luncheon and
Fashion Show.
Councilmember Cole stated State Representative Glenda Dawson, as well as Lance
Corporal Ryan Miller, will be missed. He has had a tremendous amount of people
commend the Pearland Police Department and the services they provided for the
memorial and funeral services.
CITY MANAGER'S REPORT
City Manager Bill Eisen reported on several recent recognitions: the American Planning
Association has awarded the H3 Studios plan the 1St place in Comprehensive Plan
Award, Pat Riffell, a Level 3 Certified Court Clerk for Pearland, received a reward from
the Court Clerk's Association. Meet the City will be Saturday, September 7, 2006, from
10:00 a.m. to 2:00 p.m.
Page 2 of 15 — 9/25/2006
CITIZENS
Howard Martin, 1029 Chesterwood, addressed Council and stated he lives in the
Sunset Meadows Subdivision and provided Council with a sample of the brown water
from his upstairs restroom. He stated the water began appearing brown and dirty on
September 18, 2006. This has been an on-going problem for two -to -three years and
has increased and worsened over the last six months. It is costing him quite a bit of
money to flush the lines, bring clean water to his home, and replace laundry that has
been stained by the water. The largest problem is the inconvenience experienced to
the point where he has had to go to the YMCA to let his children take a shower. He has
spoken to the Utility Department, Public Works Director Danny Cameron and City
Manager Bill Eisen over the last six months but has not seen anything but flushing of
the pipes being done. This does clear the water but it does not prevent it from
reoccurring. He does not know of anyone on the west side of town in the newer
developments that have had this problem. The City seems to be spending money on
new development but not spending money needed to correct problems that are relevant
to the citizens. He feels the Utility Department should contact the Citizens in some way
when there is a problem instead of citizens having to contact the City.
City Manager Bill Eisen stated he has discussed this issue with several individuals and
the problem is being taken seriously and solutions are being reviewed.
Councilmember Cole asked for the City to keep the citizens informed of testing results
and solutions that are being reviewed.
Larry Marcott, 3606 Iverness Ct., addressed Council and stated he is representing Keep
Pearland Beautiful as the Government Chairman. August 14, 2006, Linda Cowles,
Executive Director of Keep Pearland Beautiful, wrote a letter that was sent to Senator
John Cornyn and Senator Kay Bailey Hutchison stating that:
Dear Senator Cornyn,
Recent news coverage regarding illegal billboard replacement has prompted the Board
of Keep Pearland Beautiful to write to you with our concerns in this matter.
On behalf of the Board of Directors of Keep Pearland Beautiful, I would like to urge you
to uphold the State's right to grant the cities regulatory authority over billboards in their
extraterritorial jurisdiction. The Houston Metropolitan Area has been described as
"ugly", due in large part to the excess of large billboards along our major highways.
Visual pollution affects the quality of life for all Texans.
Keep Texas Beautiful's mission is to educate and engage Texans to take responsibility
for improving their community environment. Help us improve the environment of Texas
by enforcing the federal Highway Beautification Act in regards to replacement of
billboards.
Page 3 of 15 — 9/25/2006
Larry Marcott stated he would also like Council to see what can be done to raise the
fees when someone comes in to buy off-site retention.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the September 5, 2006, Public Hearing (Budget) held
at 6:30 p.m.
2. Minutes of the September 5, 2006, Public Hearing (Tax Rate)
held at 6:30 p.m.
3. Minutes of the September 5, 2006, Regular Meeting held at 7:30
p.m.
4. Minutes of the September 11, 2006, Public Hearing (Bison) held
at 6:30 p.m.
5. Minutes of the September 11, 2006, Public Hearing (Kemlon) held
at 6:30 p.m.
6. Minutes of the September 11, 2006, Regular Meeting held at 7:30
p.m.
7. Minutes of the September 18, 2006, Special Meeting held at 6:00
p.m.
B. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
REAPPOINTMENT OF JOEL GUTIERREZ TO SERVE AS AN
ALTERNATE ON THE CHANNEL REVIEW BOARD FOR A 2 -YEAR
TERM EXPIRING NOVEMBER 1, 2008 AND THE APPOINTMENT OF
BRYAN ROLLER FOR A 3 -YEAR TERM EXPIRING NOVEMBER 1,
2009. Mr. Tom Reid, Mayor.
C. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
REAPPOINTMENT OF ED THOMPSON AND GARY IDOUX TO
SERVE ON THE PEARLAND ECONOMIC DEVELOPMENT
CORPORATION BOARD FOR A 2 -YEAR TERM EXPIRING
NOVEMBER 1, 2008. Mr. Tom Reid, Mayor.
D. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
REAPPOINTMENT OF JOEL GUTIERREZ TO SERVE ON THE
HEALTH DEVELOPMENT CORPORATION BOARD FOR A 2 -YEAR
TERM EXPIRING NOVEMBER 1, 2008. Mr. Tom Reid, Mayor.
Page 4 of 15 — 9/25/2006
E. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
REAPPOINTMENT OF HENRY FUERTES AND SUSAN
SHERROUSE TO SERVE ON THE PLANNING AND ZONING
COMMISSION FOR A 3 -YEAR TERM EXPIRING NOVEMBER 1,
2009. Mr. Tom Reid, Mayor.
F. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
REAPPOINTMENT OF DALE PILLOW, DON GLENN AND WILLARD
BRILEY TO SERVE ON THE ZONING BOARD OF ADJUSTMENTS
FOR A 2 -YEAR TERM EXPIRING NOVEMBER 1, 2008 AND JIM
DAIGLE TO SERVE AS ALTERNATE FOR A 2 -YEAR TERM
EXPIRING NOVEMBER 1, 2008. Mr. Tom Reid, Mayor.
G. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
REAPPOINTMENT OF TOM POOL, HENRY STANALAND AND TOM
REID EFFECTIVE SEPTEMBER 30, 2005 FOR A 2 -YEAR TERM
EXPIRING SEPTEMBER 30, 2007 AND REAPPOINT BILL SLOAN
AND ED BAKER EFFECTIVE SEPTEMBER 30, 2006 FOR A 2 -YEAR
TERM EXPIRING SEPTEMBER 30, 2008 TO SERVE ON THE
BOARD OF THE DEVELOPMENT AUTHORITY OF PEARLAND. Mr.
Tom Reid, Mayor.
H. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
REAPPOINTMENT OF NIGEL HARRISON, AND KEN PHILLIPS TO
SERVE ON TAX INCREMENT REINVESTMENT ZONE NO. 2
BOARD FOR A 2 -YEAR TERM EXPIRING DECEMBER 1, 2008 AND
GARY COOK TO SERVE FOR A 1 -YEAR TERM EXPIRING
DECEMBER 1, 2007. Mr. Tom Reid, Mayor.
CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1300 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, FINDING
THAT THE CITY HAS ESTABLISHED GUIDELINES AND CRITERIA
FOR GRANTING TAX ABATEMENT PURSUANT TO RESOLUTION
NO. R2006-121; DESIGNATING AND DESCRIBING A
REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT ZONE
#14), IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT
AND TAX ABATEMENT ACT; FINDING THAT THE IMPROVEMENTS
SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD BE A
BENEFIT TO THE LAND TO BE INCLUDED IN THE ZONE AND THE
MUNICIPALITY AFTER THE EXPIRATION OF THE TAX
ABATEMENT AGREEMENT; AUTHORIZING THE CITY MANAGER
TO SIGN TAX ABATEMENT AGREEMENTS WHEN APPROVED BY
Page 5 of 15 — 9/25/2006
THE CITY COUNCIL; HAVING A SAVINGS CLAUSE AND A
SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
J. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1299 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, FINDING
THAT THE CITY HAS ESTABLISHED GUIDELINES AND CRITERIA
FOR GRANTING TAX ABATEMENT PURSUANT TO RESOLUTION
NO. R2006-121; DESIGNATING AND DESCRIBING A
REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT ZONE
#15), IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT
AND TAX ABATEMENT ACT; FINDING THAT THE IMPROVEMENTS
SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD BE A
BENEFIT TO THE LAND TO BE INCLUDED IN THE ZONE AND THE
MUNICIPALITY AFTER THE EXPIRATION OF THE TAX
ABATEMENT AGREEMENT; AUTHORIZING THE CITY MANAGER
TO SIGN TAX ABATEMENT AGREEMENTS WHEN APPROVED BY
THE CITY COUNCIL; HAVING A SAVINGS CLAUSE AND A
SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
K. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2006-157 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL DOCUMENTS NECESSARY FOR THE HOUSTON-
GALVESTON AREA COUNCIL SOLID WASTE GRANT CONTRACT.
Mr. Bill Eisen, City Manager.
Councilmember Saboe asked that Consent Agenda Item I be removed from the
Consent Agenda for further discussion.
Councilmember Saboe made the motion, seconded by Councilmember Beckman, to
adopt Consent Agenda Items A through K with the exception of item I, as presented on
the Consent Agenda.
Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
Page 6 of 15 — 9/25/2006
MATTERS REMOVED FROM CONSENT AGENDA
As requested by Councilmember Saboe Consent Agenda Item I was removed for
further discussion.
I. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1300 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, FINDING
THAT THE CITY HAS ESTABLISHED GUIDELINES AND CRITERIA
FOR GRANTING TAX ABATEMENT PURSUANT TO RESOLUTION
NO. R2006-121; DESIGNATING AND DESCRIBING A
REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT ZONE
#14), IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT
AND TAX ABATEMENT ACT; FINDING THAT THE IMPROVEMENTS
SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD BE A
BENEFIT TO THE LAND TO BE INCLUDED IN THE ZONE AND THE
MUNICIPALITY AFTER THE EXPIRATION OF THE TAX
ABATEMENT AGREEMENT; AUTHORIZING THE CITY MANAGER
TO SIGN TAX ABATEMENT AGREEMENTS WHEN APPROVED BY
THE CITY COUNCIL; HAVING A SAVINGS CLAUSE AND A
SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. Mr. Darrin
Coker, City Attorney.
Councilmember Saboe made the motion, seconded by Councilmember Kyle, to approve
Ordinance No. 1300 on its second and final reading.
City Manager Bill Eisen stated this item is the second reading of this Ordinance and is
the first step in the process of granting a tax abatement to Bison Lumber Company.
Councilmember Saboe stated he pulled the item because he wanted an update on the
previous issues. He is being cautious on this item because it is the first step in entering
a tax abatement agreement.
Executive Director of Economic Development Corporation Fred Welch stated one of the
concerns on the first reading of the ordinance was loss of business to existing business
in Pearland. The company has a similar facility in Rosenburg, Texas and at first
glance,the company has not affected the sales of other similar companies in the area.
The City of Rosenburg has an agreement with Bison Lumber Company similar to a tax
abatement collecting sales tax on deliveries made outside of Texas.
Councilmember Beckman stated it seems that the company is just as much a retail
business as a wholesale business.
Page 7 of 15 — 9/25/2006
Discussion ensued between Council, City Manager Bill Eisen, and Executive Director of
Economic Corporation regarding the Ordinance.
Voting "Aye" Councilmembers Tetens, Kyle, and Cole.
Voting "No" Saboe and Beckman.
Motion Passed 3 to 2.
NEW BUSINESS
FIRST AND ONLY READING OF ORDINANCE NO. 1306 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE OLD
TOWNSITE DOWNTOWN DEVELOPMENT DISTRICT PLAN AS A GUIDE FOR
PRESERVING A SENSE OF COMMUNITY, ATTRACTIVENESS AND SAFETY IN
PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE,
A REPEALER CLAUSE AND EMERGENCY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE. Mr. Nick Finan, Assistant City Manager and Lata Krishnarao,
Planning Director.
Councilmember Beckman made the motion, seconded by Councilmember Saboe, to
approve Ordinance No. 1306 on its first and only reading.
City Manager Bill Eisen stated this item is an update on the Old Townsite Downtown
Development District Plan that includes changes requested by Council in a previous
Workshop.
Councilmember Saboe stated he appreciates the great responsiveness from the
developer.
Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2006-150 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE 2005 ANNUAL
REPORT FOR TAX INCREMENT REINVESTMENT ZONE #2. Mr. Bill Eisen, City
Manager.
Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Kyle, to
approve Resolution No. R2006-150.
Page 8 of 15 — 9/25/2006
City Manager Bill Eisen stated this item is the required annual report for Tax Increment
Reinvestment Zone (TIRZ) No. 2. The report has been reviewed and approved by the
TIRZ No. 2 Board.
Lynn Humphries of Allen, Boone, & Humphries stated the annual report has been
prepared by Knudson and Associates and has been approved by the TIRZ No. 2 Board.
It is an annual report required by Chapter 311 of the Texas Tax Code. When this TIRZ
was started January 1, 1998, the total appraised value of the property was $7,172,980.
As of January 1, 2005, the total appraised value has raised to $482,829,675. An
updated value was received in August from the Fort Bend County and Brazoria County
Appraisal Districts and the value has raised to $728,582,092. The balance in the TIRZ
No. 2 account as of 2005 is $1,511,781 and there have been 876 home sales, 1068
home starts, and 851 home closings. A total developer reimbursement of $20,123,000
has been made out of a total of over $22,000,000 in approved project costs.
Drew Pelter, Shadow Creek Ranch, presented the annual report for TIRZ No. 2 to
Council.
Discussion ensued between Council, Gary Cook, Shadow Creek Ranch, and Drew
Pelter, Shadow Creek Ranch.
Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2006-159 — 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 BRAZORIA COUNTY FOR ROAD MAINTENANCE AND REPAIR. Mr. Mike
Hodge, Assistant City Manager.
Councilmember Kyle made the motion, seconded by Councilmember Cole, to
approve Resolution No. R2006-159.
City Manager Bill Eisen stated this item is an annual agreement with Brazoria County
regarding overlays on city streets. The City provides materials and asphalt and
Brazoria County provides the personnel to perform the work.
Councilmember Cole asked what the cost will be for the City's portion of the project.
City Manager Bill Eisen stated the cost for the project is part of a larger budget for street
repairs and he does not have a total cost for this individual project.
Page 9 of 15 — 9/25/2006
Public Works Director Danny Cameron stated he believes the cost is approximately
$47,000.
Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2006-160 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENEWING A CONTRACT WITH
INTERMEDIX FOR EMS BILLING SERVICES AND APPROVING AN ADDENDUM
FOR THE CITY'S PARTICIPATION IN THE TRIPTIX PROGRAM.
Mr. Bill Eisen, City Manager.
Councilmember Cole made the motion, seconded by Councilmember Kyle, to
approve Resolution No. R2006-160.
City Manager Bill Eisen stated this item is the renewal of an existing agreement with a
firm that handles collections of outstanding balances for ambulance services within the
City. The City has been utilizing this firm for about three years with good results. The
new agreement has a reduction in fees for amounts collected.
Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2006-161 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A SOLID WASTE AND RECYCLING
CONTRACT WITH WASTE MANAGEMENT OF TEXAS. Mr. Bill Eisen, City Manager.
Councilmember Saboe made the motion, seconded by Councilmember Cole, to
approve Resolution No. R2006-156. After the discussion, Resolution No. R2006-161
was tabled.
City Manager Bill Eisen ,stated this item is a renewal contract for waste management
services for five years.
Councilmember Kyle asked for clarification on the contract. She stated it appears to be
an increase in the base rate over the next five years with a fixed rate the first year with a
possible increase of 8% to 20% based on the Customer Price Index (CPI).
Page 10 of 15 — 9/25/2006
Thane Harrison, Waste Management, Inc., stated Waste Management has been in
Pearland for ten years, during which time the company employees have gotten
approximately 16% in raises. The actual CPI has increased by 29%. Five years ago
Waste Management, Inc. offered Council an additional brush pick up with a frozen price.
The company's cost for running the crews through Pearland is substantially higher than
the fees. The price of fuel is dropping and it is 4.99% of the CPI. The current fees
include a fuel fee of $0.13 per house while it is costing the company about $0.60 more
than that to do pick-ups. Waste Management, Inc. is asking for the variable increase in
fees to cover variable cost increases in doing business.
Discussion ensued between Council and Thane Harrison, Waste Management, Inc.
regarding the Resolution.
Councilmember Kyle stated she believes every company should receive a reasonable
profit for their services but s concerned that this contract was not bid and there were no
prices from other companies for comparison. She does not feel comfortable approving
a contract that is written in part to compensate for lost profit from previous years. She is
not comfortable with the security for the City and its citizens if Waste Management, Inc.
should have future problems.
Discussion ensued between Council and Thane Harrison, Waste Management, Inc.
regarding the Resolution.
Councilmember Saboe stated the modification to the rate section states "the base rate
charged by the contractor for services will remain fixed and not be adjusted for
increases in the CPI unit until October 1. He assumed that the rates for the past year's
contract rates were being used. He was under the impression that in return for the City
not bidding the contract for services, Waste Management would hold the rates firm for
October 1, 2006 through October 1, 2007 and then the rates would increase 5% plus
CPI in subsequent years. He supports and agrees with an accelerated increase in rates
but he feels three years of acceleration is too much. He feels the item should be tabled
if Waste Management cannot change the terms at this meeting.
Additional discussion ensued between Council and Thane Harrison, Waste
Management, Inc. regarding the Resolution.
Councilmember Cole made the motion, seconded by Councilmember Cole, to extend
the contract for a two-week period and to table Resolution No. R2006-161 for further
review.
Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole.
Voting "No" None.
Motion Tabled 5 to 0.
Page 11 of 15 — 9/25/2006
FIRST AND ONLY READING OF ORDINANCE NO. 1301 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A TRAFFIC
POLICY AND AMENDING SECTION 29-206 OF CHAPTER 29, ARTICLE XI, TRAFFIC
CONTROL DEVICES, OF THE CITY OF PEARLAND CODE OF ORDINANCES,
HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER
CLAUSE; PROVIDING FOR CODIFICATION. Mr. Mike Hodge, Assistant City
Manager.
Councilmember Beckman made the motion, seconded by Mayor Pro -Terns Tetens, to
approve Ordinance No. 1301 on its first and only reading.
City Manager Bill Eisen stated this item is was the topic of an earlier Workshop where
several changes were suggested by Council.
Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2006-156 — 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 ENGINEERING
DESIGN SERVICES ASSOCIATED WITH THE SPECTRUM REGIONAL DETENTION
PROJECT. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Kyle, to
approve Resolution No. R2006-156.
City Manager Bill Eisen stated, earlier this year, the City sold Certificates of Obligation.
Part of the proceeds were to go towards designing and constructing a Spectrum
Regional Detention Center. This item is a contract with LJA Engineering for the initial
design of the facility.
Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2006-153 — 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
PROFESSIONAL SERVICES ASSOCIATED WITH UPDATING THE CITY'S WATER
MODEL. Mr. Bill Eisen, City Manager.
Page 12 of 15 — 9/25/2006
Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Tetens, to
approve Resolution No. R2006-153.
City Manager Bill Eisen stated this item is a contract with MWH Americas, Inc. for
services associated with updating the City's Water Model.
Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2006-154 — 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 PRELIMINARY
ENGINEERING SERVICES ASSOCIATED WITH THE ANTICIPATED 2007 BOND
ELECTION. Mr. Mike Hodge, Assistant City Manager.
Councilmember Cole made the motion, seconded by Mayor Pro -Tem Tetens, to
approve Resolution No. R2006-154.
City Manager Bill Eisen stated this item is a contract to evaluate the potential bond
project Mary's Creek Detention Basin. The contract is with Freese Nichols, Inc. and the
total cost is $102,043.
Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2006-158 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING ONE (1)
REPRESENTATIVE AND ONE (1) ALTERNATE TO THE HOUSTON-GALVESTON
AREA COUNCIL 2007 GENERAL ASSEMBLY AND BOARD OF DIRECTORS.
Mr. Tom Reid, Mayor.
Councilmember Saboe made the motion, seconded by Councilmember Cole, to
approve Resolution No. R2006-158, appointing One Representative, Mayor Tom
Reid , and One Alternate, Richard Tetens to the Houston -Galveston Area Council
2007 General Assembly and Board of Directors.
Mayor Reid stated he appreciates the opportunity to serve on the Houston -Galveston
Area Council 2007 General Assembly and Board of Directors.
Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe.
Page 13 of 15 — 9/25/2006
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2006-155 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A PAY
CLASSIFICATION PLAN FOR CIVIL SERVICE EMPLOYEES AND A SALARY SCALE
FOR NON -CLASSIFIED EMPLOYEES. Mr. Bill Eisen, City Manager.
Councilmember Beckman made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2006-155, as amended.
City Manager Bill Eisen stated this item formalizes two pay plans. First is for City
Services Employees and is almost identical to the forms that were presented to Council
several months before with the exception of several requested changes from Council.
The document also needs to be modified to represent the appropriate titles. The other
is for all other classifications within the City.
Councilmember Beckman made the motion, seconded by Councilmember Saboe to
amend Resolution No. R2006-155 to reflect the terminology changes as follows:
Corporal shall be changed to Sergeant, Sergeant shall be changed to Lieutenant, and
Lieutenant shall be changed to Captain.
Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Saboe.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid called for the vote on the original motion as amended.
Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 10:20 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Page 14 of 15 — 9/25/2006
2. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY —
REGARDING POTENTIAL LITIGATION ASSOCIATED WITH CITY
INFRASTRUCTURE. Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 12:24 p.m.
COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES. City
Council
No action taken by Council.
COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH
MUNICIPAL CITY INFRASTRUCTURE. City Council.
No action taken by Council.
ADJOURNMENT
Meeting was adjourned at 12:25 p.m.
Minutes approved as submitted and/or corrected this the 9th day of October, A.D.,
2006.
T:�a
Tom Reid
Mayor
ATTEST:
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