2008-02-25 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, FEBRUARY 25, 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 7:33 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Steve Saboe
Woody Owens
Helen Beckman
Felicia Kyle
Kevin Cole
Bill Eisen
Darrin Coker
Young Lorfing
Others in attendance: Danny Cameron Public Works Director; Nick Finan Assistant City
Manager; Mike Hodge Assistant City Manager; Claire Manthei Finance Director; Fred
Welch Executive Director of Economic Development Corporation.
The invocation was given by Pastor Mike Hogg and the Pledge of Allegiance was led by
Police Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported February 12, he attended the Development Authority Check
Committee Meeting; February 13, attended the Adult Reading Center Board of Directors
Meeting; February 14, attended the Ribbon Cuttings for the Adult Medicine and Pain
Management Center and Gates Used Cars, Inc., the Brazoria County Tax Abatement
Review Committee Meeting, and a Photo Session with President of University of
Houston Clear Lake Dr. Bill Staple; February 16, attended the Cub Scout Pack 468 Blue
and Gold Banquet; February 18, attended the Agenda Meeting, the set-up of the
President Heads at Water Lights Park, the Council Workshop, and the Joint Public
Hearings with the Planning and Zoning Commission; February 19, attended the
Houston Galveston Area Council Board of Directors Meeting; February 20, attended the
Boards and Commissions Procedure Committee Meeting; February 21, conducted the
Annual State of the City Address and attended the Gulf Coast Water Authority Board of
Directors Meeting; February 22, attended the H -GAC Transportation Policy Council
Meeting; February 25, attended a meeting with a Shopping Center Developer, the
Pearland School District Educational Improvement Committee Meeting; and the
Pearland Economic Development Board of Directors Meeting.
Page 1 of 14 — 2/25/2008
Mayor Reid, City Manager Bill Eisen, and Public Works Director Danny Cameron
presented Sherry Bowlin, Office Coordinator, Public Works with the Employee of the
Quarter Award.
Mayor Reid and City Manager Bill Eisen presented City Secretary Young Lorfing with a
Certificate of Recognition for completing the professional and education requirements
for his re -certification as a Certified Texas Municipal Clerk.
Mayor Reid asked candidates running for office to introduce themselves.
Stacy Adams stated he is running for Brazoria County Commissioner Precinct No. 3 in
the Republican Primary March 4, 2008.
Jeff Brennan stated he is running for Brazoria County Drainage District No. 4
Commissioner.
Terri Morgan, Susanne Elliot, Jeff Brennan, and Stacy Adams of the Pearland Rotary
Club presented Mayor Reid and Director of Parks and Recreation Jon Branson with a
check in the amount of $25,000 to go toward the Water Play Feature at Centennial
Park.
COUNCIL ACTIVITY REPORTS
Councilmembers Owens and Kyle passed on giving a report
Councilmember Beckman reported February 14, she attended the Parks and
Recreation Board Meeting and went on a tour of the Knapp Building; February 15,
completed an Eyes of Pearland drive through; February 16, participated in the Keep
Pearland Beautiful Litter Index Survey of the City; February 20, attended Mayor Reid's
State of the City Address and the Brazoria County Cities Association Dinner in West
Columbia.
Mayor Pro -Tem Saboe reported he attended Mayor Reid's State of the City Address
and stated Mayor Reid and Staff did a wonderful job with the presentation.
Councilmember Cole reported he attended Mayor Reid's State of the City Address and
found it so interesting he is using portions of the presentation as part of a meeting he
will attend with TxDOT during Pearland Day in Austin.
CITY MANAGER'S REPORT:
City Manager Bill Eisen passed on giving a report.
CITIZENS: None
Page 2 of 14 — 2/25/2008
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the February 4, 2008, Special Meeting held at 6:00
p.m.
2. Minutes of the February 11, 2008 Public Hearing held at 6:30 p.m.
3. Minutes of the February 11, 2008, Regular Meeting held at 7:30
p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000M-45 — 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 0.550 ACRES OF LAND, LOT 1 L, OUT OF THE NORTHWEST
ONE-FOURTH OF THE H.T. & B.R.R. COMPANY SURVEY,
SECTION 11, ABSTRACT 239, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE
OF WALNUT STREET, AND APPROXIMATELY 100 FEET EAST OF
MCLEAN ROAD), (ZONE CHANGE APPLICATION NO. 2008-02Z),
FROM SINGLE FAMILY RESIDENTIAL — 2 DISTRICT (R-2) TO
OFFICE AND PROFESSIONAL DISTRICT (OP), AT THE REQUEST
OF SONYA ANN DARE, OWNER, 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. Nick Finan, Assistant City Manager.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1339 — 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
#19), 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
Page 3 of 14 — 2/25/2008
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. Greg Albritton, Director of Business Development.
D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1340 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ALTERING
THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES
UNDER THE PROVISIONS OF ARTICLE 6701 D, VERNON'S TEXAS
CIVIL STATUTES, UPON THE BASIS OF AN ENGINEERING AND
TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND
HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE
LIMITS OF THE CITY OF PEARLAND, AS SET OUT IN THIS
ORDINANCE, AND PROVIDING A PENALTY. Mr. Danny Cameron,
Director of Public Works.
E. CONSIDERATION AND POSSIBLE ACTION — EXCUSE
COUNCILMEMBER WOODY OWENS' ABSENCE FROM THE
FEBRUARY 11, 2008, REGULAR COUNCIL MEETING. City Council.
F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2008-32 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, CONVEYING A UTILITY EASEMENT
ASSOCIATED WITH THE MAGNOLIA PROJECT. Mr. Darrin Coker,
City Attorney.
G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2008-28 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ADOPTING AN AMENDED INVESTMENT
POLICY, INVESTMENT STRATEGY AND APPROVED BROKERS IN
ACCORDANCE WITH CHAPTER 2256 OF THE GOVERNMENT
CODE ("PUBLIC FUNDS INVESTMENT ACT"). Mr. Bill Eisen, City
Manager.
H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2008-35 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 9
ASSOCIATED WITH THE MELVIN KNAPP SENIOR CENTER
PROJECT. Mr. Trent Epperson, Project Director.
Page 4 of 14 — 2/25/2008
I. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 2000CUP-6 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL
PROPERTY, LOCATION BEING 2.389 ACRES OF LAND OUT OF
LOT 59, OF THE ALLISON RICHEY GULF COAST HOME COMPANY
SUBDIVISION OF THE H.T. & B.R.R. COMPANY SURVEY NUMBER
20 (F.B. DRAKE), ABSTRACT 506, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF
CULLEN BOULEVARD, AND APPROXIMATELY 750 FEET NORTH
OF FM 518 (BROADWAY STREET)), (CONDITIONAL USE PERMIT
APPLICATION NO. CUP2008-08), TO ALLOW A
"LANGUAGE/LEARNING CENTER" FACILITY IN THE CULLEN
MIXED USE DISTRICT (C -MU); AT THE REQUEST OF JULIE
LESAGE, APPLICANT FOR JUNG H. KWAK, OWNER; CONTAINING
A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE
DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT;
AND DECLARING AN EMERGENCY BECAUSE THE NEED TO
REGULATE LAND USE INURES TO THE BENEFIT OF THE PUBLIC
AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH,
SAFETY, AND WELFARE OF THE CITIZENRY. Mr. Nick Finan,
Assistant City Manager.
Councilmember Owens made the motion, seconded by Councilmember Kyle, to adopt
Consent Agenda Items A through I 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 None.
NEW BUSINESS
Mayor Reid, with concurrence of Council, moved to New Business Item No. 13,
Ordinance No. 2000CUP-5.
FIRST AND ONLY READING OF ORDINANCE NO. 2000CUP-5 — AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A
CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY, LOCATION BEING
LOT 6 OF JOHNSTON SUBDIVISION, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF FM 518 (BROADWAY
Page 5 of 14 — 2/25/2008
STREET), AND APPROXIMATELY 600 FEET EAST OF HARKEY ROAD),
(CONDITIONAL USE PERMIT APPLICATION NO. CUP2008-04), TO ALLOW A
"GAMING ESTABLISHMENT" FACILITY IN THE GENERAL COMMERCIAL DISTRICT
(GC); AT THE REQUEST OF THOMAS L. TONEY, APPLICANT FOR CELALETTIN
DEMIR, OWNER; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE,
AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT;
AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE LAND
USE INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS
DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENRY.
Mr. Nick Finan, Assistant City Manager.
Councilmember Beckman made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 2000CUP-5 on its first and only reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for denial of Conditional Use Permit Application No. CUP2008-04.
Jennifer Toney, 2314 Lynn Drive, addressed Council and stated she is requesting
Council approve this Conditional Use Permit. She stated her father has been a resident
of the City of Pearland for 17 years and does not want to see a rise in crime in the area.
Their business is well within the legal distance limits from any surrounding businesses,
schools, or churches. Her children attended a daycare center and school in the area.
She would not allow her children in any location that would pose a threat to their safety.
The game room has been an extreme financial investment for them and has not been
able to operate because of the need of the Conditional Use Permit.
City Manager Bill Eisen stated because of the recommendation for denial from the
Planning and Zoning Commission, this item would require a three-fourths approval vote
from Council to pass.
Voting "Aye" None.
Voting "No" Councilmembers Owens, Beckman, Saboe, Kyle and Cole.
Motion Failed 5 to 0.
Mayor Reid, with concurrence of Council, moved back to New Business Item No. 1,
Resolution No. R2008-27.
COUNCIL ACTION — RESOLUTION NO. R2008-27 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S
COMPREHENSIVE ANNUAL FINANCIAL REPORT AS PREPARED BY THE
ACCOUNTING FIRM OF NULL-LAIRSON. Mr. Bill Eisen, City Manager.
Page 6 of 14 — 2/25/2008
Mayor Pro -Tem Saboe made the motion, seconded by Councilmember Cole, to approve
Resolution No. R2008 -27 -
Christopher L. Breaux, Null-Lairson, addressed Council and stated the report is a
comprehensive review of the financial operations of the City as of September 30, 2007.
The information was provided by City Staff and then reviewed by Null-Lairson.
Mayor Reid stated the Internal Audit Committee was able to sit in on the audit process
and asked very good questions and received very good answers.
Mayor Pro -Tem Saboe stated he wanted to publicly recognize City Staff and commend
them for their work in the last year in taking the necessary actions to provide an
accurate picture of the City's finances.
Councilmember Cole stated he agrees with Mayor Pro -Tem Saboe that a lot has been
done by Staff to keep the City's finances in line.
City Manager Bill Eisen stated he would like to express his appreciation to Christopher
L. Breaux and his staff for their work on the audit.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2008-26 — 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 THE CITY OF BAYTOWN FOR PARTICIPATION IN A SANITARY SEWER
REHABILITATION CONTRACT. Mr. Bill Eisen, City Manager.
No Council action taken; item passed to a future agenda.
FIRST AND ONLY READING OF ORDINANCE NO. 110-1— AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ARTICLE VII,
ELECTRICAL CODE, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT
MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION 9-157(a)
and (c) ENTITLED WIRING GENERALLY, HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR
CODIFICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY
BECAUSE THE NEED TO REGULATE THE USE OF METALLIC CLAD (MC) CABLES
IN THE CITY'S WIRING SYSTEM INURES TO THE BENEFIT OF THE PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE LIFE SAFETY AND WELFARE OF
THE CITIZENRY. Mr. Darrin Coker, City Attorney.
Page 7 of 14 — 2/25/2008
Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve
Ordinance No. 110-1 on its first and only reading.
City Manager Bill Eisen stated this item regards a recommendation by the Electrical
Board for several amendments to the existing Electrical Code regarding how cable can
be used in construction.
Mayor Pro -Tem Saboe stated, with regard to the report stating color coding is required
on all cable installed, how this will affect the inspectors and how they will be trained to
recognize when the cable is not correct.
Assistant City Manager Nick Finan stated he will have to get more information to answer
the question.
Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Owens.
Voting "No" Mayor Pro -Tem Saboe.
Motion Passed 4 to 1.
COUNCIL ACTION — RESOLUTION NO. R2008-25 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN ADVANCED
FUNDING AGREEMENT WITH THE STATE OF TEXAS FOR THE CULLEN
PARKWAY IMPROVEMENT PROJECT. Mr. Bill Eisen, City Manager.
Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve
Resolution No. R2008-25.
City Manager Bill Eisen stated the City has been pursuing a course of action regarding
Cullen Parkway and how certain improvements can be made. Council established a
parameter of improvements to be completed prior to the opening of the new high school
located on Cullen Parkway. These items included widening the road to four lanes and
requesting TxDOT to expedite their review of any plans and fees regarding this project.
Mayor Pro -Tem Saboe asked how TxDOT plans to deal with the urgency.
Councilmember Cole stated he would like to know what the definition of expedite is
going to be.
Mike Hodge Assistant City Manager stated there is not a definition of expedite in this
document, but he has been working with TxDOT Staff on a local level and they have
done everything in their power to work with the City.
Discussion ensued between Council and Assistant City Manager Mike Hodge regarding
the project.
Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens.
Page 8 of 14 — 2/25/2008
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2008-21 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
ENGINEERING SERVICES AND APPROPRIATING FUNDS ASSOCIATED WITH THE
CULLEN PARKWAY IMPROVEMENT PROJECT. Mr. Trent Epperson, Project
Director.
Councilmember Owens made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R2008-21.
City Manager Bill Eisen stated this item relates to the previous item and is the award of
an engineering contract to Bury and Partners. There are some changes to the way the
City thought the funding for various projects, including this one, will be done.
Mayor Pro -Tem Saboe stated this item is approving the appropriations of future Change
Orders in addition to the contract and he feels this is a good deal. He was not in favor
of this option in the beginning but now agrees with the plan and the timing.
Councilmember Kyle stated she feels this is the right decision and has heard from many
citizens that feel the City is behind the times in doing this project.
Councilmember Cole stated he hopes this smaller section of the plan will evolve into the
entire project
Discussion ensued between Council, City Manager Bill Eisen, 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.
COUNCIL ACTION — RESOLUTION NO. R2008-29 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT PRICE
SUPPLY CONTRACT FOR MOTOR FUEL. Mr. Bill Eisen, City Manager.
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Saboe, to
approve Resolution No. R2008-29.
After this item was discussed, Council tabled this item for further review.
City Manager Bill Eisen stated this item is a supply contract for gasoline and diesel for
City vehicles. No one can agree to a specific price per gallon, but the price is tied to the
Oil Price Indexing Service (OPUS).
Page 9 of 14 — 2/25/2008
Councilmember Kyle asked if all the bids received were based on the OPUS index or
were there any other gas price indexes used.
City Manager Bill Eisen stated only one bid was received and it was based on the
OPUS index.
Finance Director Claire Manthei stated the proposal the City advertised asked bidders
to use the OPUS index, but she could not state at this time why the OPUS index was
chosen as the guideline for pricing.
Councilmember Kyle stated there are a number of indexes for gas pricing and she is
curious why they were not investigated.
Discussion ensued between Council, City Manager Bill Eisen, Finance Director Claire
Manthei, and Director of Public Works Danny Cameron regarding the contract.
Councilmember Kyle made the motion, seconded by Councilmember Beckman, to table
Resolution No. R2008-29 for further review.
Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens.
Voting "No" None.
Motion Tabled 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2008-30 — 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 HOUSTON- GALVESTON AREA COUNCIL FOR THE PURCHASE OF LIDAR
(ELEVATION) DATA. Mr. Trent Epperson, Project Director.
Mayor Pro -Tem Saboe made the motion, seconded by Councilmember Cole, to approve
Resolution No. R2008-30.
City Manager Bill Eisen stated LIDAR is the process that is used to obtain detailed
information regarding relative elevations. This item gives the City the opportunity to
obtain the information at a lower price than if the City obtained it on its own. The
information will be a valuable tool for planning on future projects.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle and Cole.
Voting "No" None.
Motion Passed 5 to 0.
Page 10 of 14 — 2/25/2008
COUNCIL ACTION — RESOLUTION NO. R2008-33 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE GREEN TEE LIFT STATION.
Mr. Danny Cameron, Director of Public Works.
Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve
Resolution No. R2008-33.
City Manager Bill Eisen stated this item is a project that has been budgeted in the
current fiscal year and includes the replacement of old technology at the Green Tee Lift
Station with new updated technology.
Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2008-31 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN OVERPASS AGREEMENT
WITH THE BNSF RAILWAY COMPANY (MAGNOLIA -PHASE II). Mr. Trent Epperson,
Project Director.
Councilmember Cole made the motion, seconded by Mayor Pro -Tem Saboe, to approve
Resolution No. R2008-31.
City Manager Bill Eisen stated this item involves the crossing over the railroad where
the new Magnolia Road will be constructed. There are a couple of primary cost issues
involved including the acquisition of certain easements from the railroad. The bulk of
the cost is due to BNSF Railway Company requiring flaggers during the construction
project.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2008-8 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A UTILITY
RELOCATION AGREEMENT ASSOCIATED WITH THE DIXIE FARM ROAD
PROJECT (PHASE II). Mr. Trent Epperson, Project Director.
Page 11 of 14 — 2/25/2008
Councilmember Owens made the motion, seconded by Councilmember Kyle, to
approve Resolution No. R2008-8.
City Manager Bill Eisen stated this item is an agreement with Exxon Mobile Corporation
for relocation of the pipeline associated with the Dixie Farm Road Project. Because of
the location of the pipeline, the City is required to bear the cost of the relocation which
will be approximately $132,000.
Discussion ensued between Council, City Manager Bill Eisen, 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.
COUNCIL ACTION — RESOLUTION NO. R2008-37 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE PEARLAND
ECONOMIC DEVELOPMENT CORPORATION TO PROVIDE AN ECONOMIC
INCENTIVE GRANT TO BRASK NEELY COMPANY. Mr. Fred Welch, Executive
Director of Economic Development Corporation.
Councilmember Beckman made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2008-37.
City Manager Bill Eisen stated, under the bi-laws adopted by the Economic
Development Corporation and approved by the City Council, the Economic
Development Corporation is not able to approve any expenditure more than $100,000
without Council consent. This item is a grant of $150,000 to the Bransk Neely
Company, which is located in Sulfur, Louisiana, that manufactures pressure vessels and
heat exchangers. The company is interested in purchasing a piece of property on
Industrial Drive and is interested in purchasing the property and building a facility.
Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2008-36 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE PEARLAND
ECONOMIC DEVELOPMENT CORPORATION TO PROVIDE A TRAINING GRANT TO
THE NORTHERN BRAZORIA COUNTY EDUCATION ALLIANCE. Mr. Fred Welch,
Executive Director of Economic Development Corporation.
Page 12 of 14 — 2/25/2008
Mayor Pro -Tem Saboe made the motion, seconded by Councilmember Kyle, to approve
Resolution No. R2008-36.
City Manager Bill Eisen stated this item is an item for Council to ratify the decision of the
Economic Development Corporation to provide a grant to Northern Brazoria County
Education Alliance. The funds would include a $30,000 grant for the first several
months and then an additional $10,000 per month for an additional 12 months with
metrics and a performance agreement being monitored.
Executive Director of Economic Development Fred Welch stated the City has been
dialoging with two organizations and wants to establish a unique performance
agreement for the local market. The Board of Directors for this corporation is composed
of nine members, five of whom are business leaders in the community.
Mayor Pro -Tem Saboe asked if this is constituted as seed money for the program or will
it need to be re-empted each year.
Executive Director of Economic Development Fred Welch stated this is a long-term
commitment and hopefully the commitment will go down over time as other sources of
funding are available.
Councilmember Cole asked what assurances have been placed in it to verify that the
workers being trained are from Pearland and not from surrounding cities.
Executive Director of Economic Development Fred Welch stated the program is utilizing
facilities through the Pearland Independent School District. As the program expands,
there will be workers in the system that are not Pearland residents, but the businesses
in Pearland will be able to recruit these workers.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:20 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.
Page 13 of 14 - 2/25/2008
2. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY —
REGARDING PENDING AND POTENTIAL LITIGATION ASSOCIATED
WITH THE BLUE RIDGE LANDFILL AND LAND USE. Mr. Darrin Coker, City
Attorney.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 10:20 p.m.
COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES.
City Council.
No action taken by Council.
COUNCIL ACTION — REGARDING PENDING AND POTENTIAL LITIGATION
ASSOCIATED WITH THE BLUE RIDGE LANDFILL AND LAND USE. City Council.
No action taken by Council.
ADJOURNMENT
Meeting was adjourned at 10:21 p.m.
Minutes approved as submitted and/or corrected this the 10th day of March, A.D., 2008.
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