2008-01-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, JANUARY 28, 2008, AT 7:30 P.M., IN
THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND,
TEXAS.
Mayor Reid called the meeting to order at 7:50 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Steve Saboe
Councilmember
Woody Owens
Councilmember
Helen Beckman
Councilmember
Felicia Kyle
Councilmember
Kevin Cole
City Manager
Bill Eisen
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Others in attendance: Jon Branson Parks and Recreation Director; J.C. Doyle Police
Chief; Trent Epperson Project Director; Nick Finan Assistant City Manager; Narciso Lira
City Engineer.
The invocation was given by Pastor Harold Gentry and the Pledge of Allegiance was led
by Police Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported January 15, he attended the H -GAC monthly Board of Directors
Meeting, the Tax Reinvestment Zone No. 2 Board of Directors Meeting, the Keep
Pearland Beautiful Board of Directors Meeting, and the Pearland Historical Society
Quarterly Meeting; January 16, attended the Harris County Judge Ed Emmett's State of
the County, and the Brazoria County Cities Association Monthly Meeting; January 17,
attended the Chamber Leadership Council and the Gulf Coast Water Authority Board of
Directors; January 18, welcomed Women of India and Consulate Corps and attended
the Bay Area Houston Economic Partnership Annual Banquet; January 20, attended the
India's 59th Republic Day Celebration; January 21, attended the Agenda Meeting, met
with Pearland Economic Development Corporation and Developers from China, and
attended the Council Workshop and Joint Public Hearing for zone changes; January 22,
met with Executive Director of Economic Development Fred Welch and Developer on
pipe yard storage and attended a presentation to a developer organization by Executive
Director of Economic Development Fred Welch and Planning Director Lata Krishnarao;
January 24, attended the a meeting with City Manager Bill Eisen and County Engineers
regarding the extension of County Road 58, the BAYTRAN Monthly Board of Directors
Meeting, and the Chamber of Commerce Annual Banquet; January 25, attended the H -
GAC Transportation Policy Council Boar of Directors Meeting, the Houston Mayor White
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State of the City, and the H -GAC Annual Meeting and Banquet; January 28, attended
the Pearland Independent School District Education Improvement Committee Meeting
and the Pearland Economic Development Monthly Board of Directors Meeting.
Mayor Reid asked candidates running for office to introduce themselves.
Randy Weber stated he is running for State Representative for District No. 29.
Gary Bucek stated he is running for State Representative for District No. 29.
COUNCIL ACTIVITY REPORTS
Councilmember Owens reported he attended the Chamber Banquet and the event was
very well done.
Councilmember Beckman reported January 16, she attended Harris County Judge Ed
Emmett's State of the County and the Brazoria County Cities Association and attended
a program for the plan for the Veterans Memorial Park at the County Court House;
January 17 — 18, participated in the Keep Pearland Beautiful Arbor Day Tree Give Away
at the Recycle Center; January 21, participated with the City and Pearland Economic
Development Corporation hosting visitors from Taiwan who are interested in putting an
industry in the City; January 24, attended the Chamber Banquet; January 25, attended
the H -GAC General Assembly.
Mayor Pro -Tem Saboe stated he is appreciative of Keep Pearland Beautiful, the
Recycle Center and City Staff for developing a program for Christmas tree disposal.
Councilmember Kyle congratulated the Pearland Chamber of Commerce for the
success of the Chamber Banquet.
Councilmember Cole stated Pearland Day in Austin will be in February 2008, and he
would like to see everyone that can participate from Council and Staff to do so. He
attended the Harris County Judge Ed Emmett's State of the County and the Houston
Mayor White's State of the City.
CITY MANAGER'S REPORT
City Manager Bill Eisen reported the Economic Development Corporation will have their
annual planning meeting on Friday, February 8, 2008, and City Council will have their
annual planning meeting on Saturday, February 9, 2008.
CITIZENS
Phyllis Campbell, 2903 County Club Drive, addressed City Council and stated her child
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attended the City's Winterfest with another child and took a survey at the booth for First
Baptist Church. When her child completed the survey she was told she was going to
Hell. The children were told the majority of people in attendance were going to Hell
because they were all liars and cheaters. She would like the City to prevent this type of
discussion or information being given to children at the Winterfest in the future.
Ethan Cowell, 4803 Elm Street, addressed Council and stated Pearland High School is
having a project called "Shattered Dreams". The program is through the Texas Alcohol
Commission to promote the realities of drinking and driving, using prescription drugs or
driving while using your cell phone. There will be an actual planned accident and the
students will view and see first hand what the dangers are when good choices are not
made. The event will take place February 8th and 9th, which is the weekend before
Prom. He wanted to thank all the Staff with the City who have stepped up and agreed
to help with this project.
Paul Lytle, 9206 W. Sterling, addressed Council and stated he is opposed to the
passing of Ordinance No. 1336. He owns a gaming facility and feels it is not safe to be
in the facility without the doors locked during operation. One hundred and twenty-five
people have signed his Petition stating they are also opposed to the Ordinance.
Debra Abary, 17226 Harkey Road, addressed Council and stated she is the owner of a
gaming establishment and she has always been concerned with the legalities and
safety of her operation. Her establishment has a private membership to protect her
customers and is concerned that having to open her doors to the public by keeping
them unlocked will compromise her members safety
Andrew Worer, 3340 E. Walnut, addressed Council and stated his wife and other
residents at their apartment complex do not feel safe crossing the street with the
location of the cross walk near the Senior Center.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the January 7, 2008, Special Meeting held at 6:30 p.m.
2. Minutes of the January 14, 2008, Regular Meeting held at 7:30
p.m.
B. CONSIDERATION AND POSSIBLE ACTION — EXCUSE
COUNCILMEMBER FELICIA KYLE'S ABSENCE FROM THE
JANUARY 14, 2008, REGULAR COUNCIL MEETING. City Council.
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C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1336 — AN ORDINANCE OF THE
CITY OF PEARLAND, TEXAS AMENDING CHAPTER 5,
AMUSEMENTS AND ENTERTAINMENTS, OF THE CODE OF
ORDINANCES, CITY OF PEARLAND, TEXAS AS IT MAY HAVE
BEEN AMENDED FROM TIME TO TIME BY ADDING ARTICLE V,
GAMING ESTABLISHMENTS; PROVIDING DEFINITIONS;
REQUIRING TRANSPARENT & UNOBSTRUCTED WINDOWS;
ESTABLISHING HOURS OF OPERATION AND ALLOWING FOR
FREE INGRESS AND EGRESS; PROVIDING FOR A PENALTY;
HAVING A SAVINGS CLAUSE; HAVING A SEVERABILITY CLAUSE;
AND PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
D. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE
APPOINTMENT OF MARK WELLMAN TO SERVE IN ALTERNATE
POSITION NO. Al ON THE BUILDING/FIRE CODE BOARD OF
ADJUSTMENTS FOR A 5 -YEAR TERM EXPIRING NOVEMBER 1,
2012. Mayor Tom Reid.
Councilmember Cole asked that Consent Agenda Item C be removed from the Consent
Agenda for further discussion.
Councilmember Owens made the motion, seconded by Councilmember Kyle, to adopt
Consent Agenda Items A through D with the exception of item C, as presented on the
Consent Agenda.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle and Cole.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
As requested by Councilmember Cole Consent Agenda Item C was removed for further
discussion.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1336 — AN ORDINANCE OF THE
CITY OF PEARLAND, TEXAS AMENDING CHAPTER 5,
AMUSEMENTS AND ENTERTAINMENTS, OF THE CODE OF
ORDINANCES, CITY OF PEARLAND, TEXAS AS IT MAY HAVE
BEEN AMENDED FROM TIME TO TIME BY ADDING ARTICLE V,
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GAMING ESTABLISHMENTS; PROVIDING DEFINITIONS;
REQUIRING TRANSPARENT & UNOBSTRUCTED WINDOWS;
ESTABLISHING HOURS OF OPERATION AND ALLOWING FOR
FREE INGRESS AND EGRESS; PROVIDING FOR A PENALTY;
HAVING A SAVINGS CLAUSE; HAVING A SEVERABILITY CLAUSE;
AND PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Saboe, to
approve Ordinance No. 1336 on its second and final reading.
Councilmember Cole stated he pulled this item because several discussions have come
up regarding the robberies at this type of establishment in Harris County after this type
of Ordinance had been approved. He wanted to verify if this type of criminal activity
was directly caused by the Ordinance change before moving forward.
City Attorney Darrin Coker stated he has not seen any statistics stating there has been
an increase of criminal incidents at gaming establishments in Harris County. The City of
Pearland is one of the few Cities that does not already have these type of regulations
for these facilities. Allowing free access to the facilities will reduce the amount of illegal
activity that takes place in this type of business.
Mayor Pro -Tem Saboe stated he agrees that the safety of the customers is important,
but feels the City needs to move on this item because of citizens that are concerned
about illegal activity at these facilities. He feels visibility and inspection is the easiest
way to prevent the illegal activity and could possibly improve the safety of the
customers.
Mayor Reid stated he feels the doors being unlocked to protect the inhabitants will allow
the police or emergency staff to have access.
Police Chief J.C. Doyle stated the City Police Department would not have requested this
Ordinance if police officers would have been allowed into the facilities when it was
requested. Historically the only time a business would not want uniform officers in their
facility is when illegal activity is taking place.
Councilmember Kyle stated everyone wants the businesses in Pearland to survive and
thrive, but it is important to recognize the City has certain standards all businesses must
meet. This Ordinance will help legitimize these types of facilities and possibly help the
business to increase.
City Attorney Darrin Coker stated he will be meeting with the Police Department to
discuss the Ordinance and how the Ordinance will be provided to the gaming facilities in
the City of Pearland.
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Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
NEW BUSINESS
COUNCIL ACTION — RESOLUTION NO. R2008-12 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH THE
PEARLAND AREA CHAMBER OF COMMERCE FOR MARKETING AND TOURISM
SERVICES. Mr. Fred Welch, Executive Director of Economic Development
Corporation.
No action taken by Council, passed to a future agenda.
COUNCIL ACTION — RESOLUTION NO. R2008-14 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO CONTRACTS FOR LAND
ACQUISITION AND APPRAISAL SERVICES ASSOCIATED WITH THE ORANGE
STREET PROJECT AND AUTHORIZING STAFF TO PROCEED WITH THE
PURCHASE OF ALL NECESSARY RIGHT-OF-WAY. Mr. Trent Epperson, Project
Director.
Councilmember Beckman made the motion, seconded by Councilmember Mayor Pro -
Tem Saboe, to approve Resolution No. R2008-14.
City Manager Bill Eisen stated the Orange Street Project has been under way for some
time and it is now necessary to perform a land acquisition to continue the project. This
item would approve a land acquisition contract with RFJ Property Consulting in the
amount of $84,000.00 and award an appraisal contract to Edward B. Schulz & Co. in
the amount of $60,000.00.
Brief discussion ensued between Council and Project Director Trent Epperson
regarding the project.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle and Cole.
Voting "No" None.
Motion Passed 5 to 0.
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COUNCIL ACTION — RESOLUTION NO. R2008-13 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONVEYING A UTILITY
EASEMENT ASSOCIATED WITH THE KIRBY WATER PLANT. Mr. Darrin Coker, City
Attorney.
Mayor Pro -Tem Saboe made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R2008-13.
City Attorney Darrin Coker stated the easement is to service the Kirby Water Plant and
there is no cash exchange for the acquisition.
Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2008-15 — A RESOLUTION AND ORDER
OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE
HOLDING OF A GENERAL ELECTION TO BE HELD ON SATURDAY, MAY 10, 2008,
FOR THE PURPOSE OF ELECTING THE MAYOR AND ONE MEMBER OF THE CITY
COUNCIL TO POSITION NO. 3. Mr. Bill Eisen, City Manager.
Councilmember Kyle made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R2008-15.
City Manager Bill Eisen stated this item would call the annual Election for City Officers
be held on the May 10, 2008. The Resolution contains information on voting locations.
Councilmember Owens asked if the City received any complaints from voters regarding
the locations of polling places.
Councilmember Cole stated he is aware of minor confusion that took place in the last
Election due to the City holding the Election along with the County and School District.
He feels the City needs to communicate with voters better on where the voting locations
will be.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle and Cole.
Voting "No" None.
Motion Passed 5 to 0.
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OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 8:40 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.087 — CONSULTATION WITH CITY ATTORNEY -
REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Mr. Bill Eisen,
City Manager.
2. SECTION 551.072 — REAL PROPERTY: DISCUSSION REGARDING THE
SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY — CITY
FACILITIES. Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 10:14 p.m.
COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES.
City Council.
No action taken by Council.
COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE
OF REAL PROPERTY — CITY FACILITIES. City Council.
No action taken by Council.
ADJOURNMENT
Meeting was adjourned at 10:15 p.m.
Minutes approved as submitted and/or corrected this the 11th day of February, A.D.,
2008.
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