2008-03-24 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, MARCH 24, 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 7:51 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: Jon Branson Parks and Recreation Director; Jack Colbath
Director of Fire Services; J.C. Doyle Police Chief; Trent Epperson Project Director; Nick
Finan Assistant City Manager; Mike Hodge Assistant City Manager; Lata Krishnarao
Planning Director; Narciso Lira City Engineer; Claire Manthei Finance Director; Fred
Welch Executive Director of Economic Development Corporation; Michelle Smith
Assistant Director of Parks and Recreation; Mattie Culver Public Affairs Manager;
Debbie Schielke Web/Cable Administrator; Ed Grossenheider Parks and Building
Maintenance Superintendent; Eric Hammond Parks Supervisor.
The invocation was given by Councilmember Cole and the Pledge of Allegiance was led
by Police Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported March 11, he attended the BAYTRAN Luncheon; March 12,
attended the Adult Reading Center Board of Directors Meeting and Represented
Pearland at the 25th Anniversary of the Gulf Coast Hospice Care Team and received the
Community Award; March 13, attended the Planning Department Developers Planning
Day and the Ribbon Cutting for the Little Genius Club and the YMCA; March 14,
attended the Chamber Before Breakfast Meeting, the Firestone Store After Hours, and
joined Councilmember Beckman at the Texas Municipal League Region No. 14 Spring
Meeting; March 17, attended the Agenda Meeting, Council Workshop, Joint Public
Hearings with the Planning and Zoning Commission, and joined City Manager Bill Eisen
and Public Works Office Coordinator Sherry Bowlin for the Employee of the Quarter
Luncheon; March 18, attended the Houston Galveston Area Council Board of Directors
Meeting; March 19, attended the Brazoria County Tax Abatement Meeting and the
Brazoria County Cities Association Monthly Meeting; March 20, attended the Gulf Coast
Water Authority Board of Directors Meeting; March 21, attended the Veterans Museum
Presentation; March 24; attended the Pearland Economic Development Corporation
Board of Directors Meeting.
Page 1 of 15 — 3/24/2008
COUNCIL ACTIVITY REPORTS
Councilmembers Owens, Beckman, Saboe, Kyle and Cole passed on giving a report.
CITY MANAGER'S REPORT
City Manager Bill Eisen passed on giving a report.
CITIZENS
Larry Marcott, 3606 Inverness Court, addressed Council and stated he opposes any
flashing sign at the storage facility referenced in Consent Item C. The location is near a
residential area and an electronic sign would not be good for the area. The facility is in
the process of being purchased by an individual who owns another storage facility that
the City had to go into litigation with to get him to honor his agreement.
Larry Marcott, 3606 Inverness Court, addressed Council and stated the Houston
Chronicle had an article stating the City of Sugarland is trying to get the railway diverted
to come through southern Fort Bend County and up FM 521. This will enable them to
allow the freight trains to come through that area. There is already the problem with the
landfill in that area and now there will be freight trains. He feels the City of Pearland
needs to take action to prevent this from happening.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the March 10, 2008, Regular Meeting held at 7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000M-48 — 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 TRACT "A" AND TRACT "B" AND TRACT "C" OF
WHISPERING WINDS GENERAL BUSINESS RESERVE, OUT OF
THE THOMAS J. GREEN SURVEY, ABSTRACT 198, AS PER THE
PLAT RECORDED IN VOLUME 17, PAGES 93 AND 94, OF THE
PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED
Page 2 of 15 — 3/24/2008
ON THE NORTH SIDE OF FM 518 (BROADWAY STREET), AND ON
THE WEST SIDE OF WESTMINISTER DRIVE), (ZONE CHANGE
APPLICATION NO. 2008-05Z), FROM SINGLE FAMILY
RESIDENTIAL — 3 DISTRICT (R-3) TO GENERAL BUSINESS
RETAIL DISTRICT (GB), AT THE REQUEST OF RICHARD A.
TARRER, FELTON BAKER, MARY STARR, DAVID MILLER, LUCY
GEHRING, ALICE GEHRING, RAY NUNEZ, MIKE MARTIN, DARWIN
MACALISTER, AND PEARLAND SQUARE CONDOMINIUM
ASSOCIATION, OWNERS, 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. 2000M-49 — 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 5.00 ACRES, ABSTRACT 506, H.T. & B.R.R. COMPANY
SURVEY, TRACT 6 -7A -7E, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED ON THE NORTH SIDE
OF HUGHES RANCH ROAD (COUNTY ROAD 403), AND
APPROXIMATELY 600 FEET WEST OF LINDA LANE), (ZONE
CHANGE APPLICATION NO. 2008-06Z), FROM SINGLE FAMILY
ESTATE DISTRICT (RE) TO PLANNED DEVELOPMENT DISTRICT
(PD), AT THE REQUEST OF DAVID PEARLMAN, APPLICANT FOR
CLASSIC SELF STORAGE LLC, 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.
D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000M-47 — 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 48.4712 ACRES OUT LOT 5 OF THE JAMES HAMILTON
SURVEY, ABSTRACT 881, ACCORDING TO THE MAP OR PLAT
THEREOF RECORDED IN VOLUME 83, PAGE 342, OF THE DEED
RECORDS OF HARRIS COUNTY, TEXAS, CITY OF PEARLAND,
Page 3 of 15 — 3/24/2008
HARRIS COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST
SIDE OF STATE HIGHWAY 288, AND ON THE NORTH SIDE OF
SHADOW CREEK PARKWAY), (ZONE CHANGE APPLICATION NO.
2008-04Z), FROM SPECTRUM DISTRICT (SPD) TO PLANNED
DEVELOPMENT DISTRICT (PD), AT THE REQUEST OF GC
ENGINEERING, INC., APPLICANT FOR HISTORIC REAL ESTATE,
INC., 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.
E. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 2000CUP-11 —AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL
PROPERTY, LOCATION BEING 4.6133 ACRES, BEING LOT "C" OF
W. C. PROPERTIES, A SUBDIVISION SITUATED IN SECTION 85 OF
THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 304, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED
ON THE NORTH SIDE OF FM 518 (BROADWAY STREET), AND
APPROXIMATELY 400 FEET EAST OF MILLER RANCH ROAD),
(CONDITIONAL USE PERMIT APPLICATION NO. CUP2008-09), TO
ALLOW FOR A "MINI -WAREHOUSE AND SELF STORAGE"
FACILITY IN THE GENERAL BUSINESS RETAIL DISTRICT (GB); AT
THE REQUEST OF USC EXPRESS, LLC, 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
F. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 1346 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE FEE SIMPLE TITLE FOR THE CONSTRUCTION OF
DRAINAGE IMPROVEMENTS ON CERTAIN REAL PROPERTY
DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR
HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH
ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY,
LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY
Page 4 of 15 — 3/24/2008
THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND
DECLARING AN EMERGENCY AS THE CONSTRUCTION OF
MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND
PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
G. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 1345 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE FEE SIMPLE TITLE FOR THE CONSTRUCTION OF
DRAINAGE IMPROVEMENTS ON CERTAIN REAL PROPERTY
DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR
HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH
ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY,
LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY
THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND
DECLARING AN EMERGENCY AS THE CONSTRUCTION OF
MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND
PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
H. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 1347 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE FEE SIMPLE TITLE FOR THE CONSTRUCTION OF
DRAINAGE DETENTION IMPROVEMENTS ON CERTAIN REAL
PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY
ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO
TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE
PROPERTY, LOCATED WITHIN THE CITY, BY DONATION,
PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT
DOMAIN; AND DECLARING AN EMERGENCY AS THE
CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS
DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY; AND PROVIDING AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
Councilmember Owens made the motion, seconded by Councilmember Beckman, to
adopt Consent Agenda Items A through H as presented on the Consent Agenda.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle, and Cole.
Page 5 of 15 — 3/24/2008
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA: None.
NEW BUSINESS
COUNCIL ACTION RESOLUTION NO. R2008-47 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING UNOPPOSED
CANDIDATES IN THE MAY 10, 2008 GENERAL CITY ELECTION, ELECTED TO
OFFICE; CANCELING THE ELECTION; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager.
Councilmember Kyle made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R2008-47.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid, with concurrence of Council, moved to New Business Item No. 8,
Resolution No. R2008-48.
COUNCIL ACTION — RESOLUTION NO. R2008-48 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENAMING THE PEARLAND
RECYCLE CENTER AS THE STELLA ROBERTS RECYCLING CENTER.
Mr. Jon Branson, Director of Parks and Recreation.
Councilmember Beckman made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2008-48.
Councilmember Beckman stated this is well deserved and anyone who knew Stella
Roberts, remembers her as a dedicated citizen who was very much involved and
founded Keep Pearland Beautiful. Stella Roberts was a former Councilmember and
was very forceful and dedicated to keeping the City beautiful. She remained active in
the community until she went to the hospital for the last time.
Mayor Reid stated Stella Roberts was a former Councilmember that was a visionary
thinker. She had the capability to connect the dots on the plans of what she thought the
City of Pearland should be. Stella Roberts helped provide the funding and sell the
vision for the recycling center.
Page 6 of 15 — 3/24/2008
Mayor Reid and Councilmember Beckman presented Resolution No. 2008-48 to
Captain Jack Roberts, Helen Roberts, Diana Roberts, CeCe Talbott, Chawnie Meeks,
and Della Howard.
Captain Jack Roberts stated Stella Roberts had "Proud Pearland" on her casket and
would be very proud of this honor.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid, with concurrence of Council, moved back to New Business Item No. 2,
Resolution No. R2008-46.
COUNCIL ACTION — RESOLUTION NO. R2008-46 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUSPENDING THE APRIL 10,
2008, EFFECTIVE DATE OF CENTERPOINT ENERGY RESOURCES CORP., D/B/A
CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY TEXAS GAS
(CENTERPOINT) REQUESTED RATE CHANGE TO PERMIT THE CITY TIME TO
STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING
COOPERATION WITH THE GULF COAST COALITION OF CITIES AND OTHER
CITIES IN THE CENTERPOINT AREA TO HIRE LEGAL AND CONSULTING
SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY
NECESSARY LITIGATION AND APPEALS; RATIFYING THE SELECTION OF LLOYD
GOSSELINK AS LEGAL COUNSEL; REQUIRING REIMBURSEMENT OF CITIES'
RATE CASE EXPENSES; FINDING THAT THE MEETING AT WHICH THIS
RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW;
REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL
COUNSEL. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Saboe made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R2008-46, as amended.
City Manager Bill Eisen stated on March 6, 2008, CenterPoint Engery Resources
Corporation filed a proposed rate increase that would increase their revenues by
approximately $7.3 million. The proposal would increase the typical residential
customer's fees by approximately $45 a year and the typical commercial customer by
approximately $65 per year. Council can take no action and the rate increase will go
into effect after April 10, 2008 or approve the Resolution to suspend the rate increase
and enter into an agreement with the Gulf Coast Cities Association (GCCC). This
Resolution authorizes GCCC to act on behalf of the City at the local level in settlement
Page 7 of 15 — 3/24/2008
discussions, and in preparation of a rate ordinance and on appeal to the Railroad
Commission and to the Courts. Any settlement negotiated must be approved by
member city councils through new rate ordinances.
Douglas Ward, Texas Coast Region, CenterPoint Energy Resources Corporation
addressed Council and stated CenterPoint Energy Resources filed for a rate increase in
forty-one cities the same day. The increase is for gas rates only. The increase is
needed because the company's revenues are not keeping up with the cost of
operations. This will be the first general rate increase in over thirty years. The increase
will only affect 30% of the customer's cost, the other 70% of the cost covers the actual
cost of the gas and fluctuates with the market cost.
Councilmember Kyle asked what the difference is in the increase of the labor and
materials cost versus the return for the company's investors.
Douglas Ward, Texas Coast Region, CenterPoint Energy Resources Corporation,
stated the current difference is approximately 2%. The company is not only needing the
rate increase because of increased cost of operation, it is also because of an erosion in
customer use. Since 1992 the average residential customer's usage decreased by
approximately one-third.
Mayor Pro -Tem Saboe asked if the process being considered will give Council an
opportunity to review the financials behind the increase request. He feels that if this is
the case, the City owes it to the citizens to at least review the information.
Brief discussion ensued between Council and Douglas Ward, Texas Coast Region,
CenterPoint Energy Resources Corporation, regarding the Resolution.
City Attorney Darrin Coker stated even if Council decides to suspend the rate increase
for 90 days, the new rates would go into effect as soon as the time period ended. The
benefit of any lower rate would not be felt until the entire process was completed.
Jeffery Gay, Sr Partner ,Lloyd Gosselink, addressed Council and stated there has not
been a gas rate case in this area in quite a while but he has participated in this type of
rate case in other cities as a consumer advocate. The company file states the company
has avoided a rate increase in the past because of an automatic adjustment clause that
adjusts for changes in expenses over the last thirty years.
Discussion ensued between Council, City Attorney Darrin Coker, Douglas Ward, Texas
Coast Region, CenterPoint Energy Resources Corporation, and Jeffery Gay, Sr Partner,
Lloyd Gosselink, regarding the Resolution.
Page 8 of 15 — 3/24/2008
Mayor Pro -Tem Saboe made the motion, seconded by Councilmember Beckman, to
amend Resolution No. R2008-46 to limit the Resolution to approve the suspension of
the April 10, 2008 rate effective date only.
Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid called for a vote on the original motion as amended.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2008-44 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE MCHARD ROAD
PROJECT. Mr. Bill Eisen, City Manager.
Councilmember Cole made the motion, seconded by Mayor Pro -Tem Saboe, to approve
Resolution No. R2008-44.
City Manager Bill Eisen stated preliminary engineering was done regarding this section
of McHard Road and citizens voted on this project. Council elected to begin the final
design of the McHard Road Project. This item approves a contract for the design
services.
Councilmember Cole stated he would like Staff to see that the surveyor on this project
keeps up with the work schedule so there are no delays in the process.
Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2008-34 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A REIMBURSEMENT AGREEMENT
ASSOCIATED WITH THE INSTALLATION OF A TRAFFIC SIGNAL AT THE
INTERSECTION OF SHADOW CREEK PARKWAY AND BUSINESS CENTER DRIVE.
Mr. Narciso Lira, City Engineer.
Page 9 of 15 — 3/24/2008
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Saboe, to
approve Resolution No. R2008-34 as amended.
City Manager Bill Eisen stated this item relates to the installation of a traffic signal on
Shadow Creek Parkway and Business Center Drive. A number of motorist submitted
complaints regarding the intersection. This item allows the City to enter into an
agreement with Buc-ee's Ltd for the installation of the traffic signal. The estimated cost
for the project is $157,000.
Mayor Pro -Tem Saboe asked why the City would allow the vendor to spend more than
the estimated cost.
Assistant City Manager Mike Hodge stated the approved amount is a budget number
established through the TIA Process. At the request of TxDOT, the facility that will be
constructed will be temporary in nature. The total amount requested for the project will
not be spent unless something happens.
Mayor Pro -Tem Saboe stated if there is a hard estimate of $128,000, then that is what
needs to be authorized. If there is a condition that exists and more is needed, then it
can be approved when it is needed.
Discussion ensued between Council, Assistant City Manager Mike Hodge, and City
Attorney Darrin Coker regarding the Agreement.
Councilmember Owens made the motion, seconded by Councilmember Beckman, to
amend Resolution No. R2008-34 to limit the City's expenditure for the contract to
$128,903.83.
Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid called for a vote on the original motion as amended.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
Page 10 of 15 — 3/24/2008
COUNCIL ACTION — REGARDING THE SETTING OF A PUBLIC HEARING FOR
IMPACT FEES FOR APRIL 28, 2008 AS THE PUBLIC HEARING DATE.
Mr. Narciso Lira, City Engineer.
Councilmember Beckman made the motion, seconded by Councilmember Kyle, to
schedule a Public Hearing for Impact Fees for April 28, 2008. After discussion the
motion was amended to schedule the Public Hearing for Impact Fees for May 5, 2008.
City Manager Bill Eisen stated Council conducted a brief Workshop regarding Impact
Fees where a representative from Shadow Creek Ranch brought forward a few issues
that needed to be reviewed. The issues have been addressed with the City and
Shadow Creek Ranch. After discussion between Staff and Shadow Creek Ranch, an
official draft of the updated Impact Fee Study was submitted to the City which proposed
a City water/sewer impact fee of $4,840 and a Shadow Creek Ranch impact fee of
$4,621. The item sets the Public Hearing for the Impact Fees.
Mayor Pro -Tem Saboe stated he feels that on issues such as impact fees, the action
item that follows the Public Hearing should be scheduled for the next meeting. It sends
the wrong message to have the action item scheduled for the same night as the Public
Hearing.
City Attorney Darrin Coker stated the ite
counties. Because of this, the publication
and this will alter the schedule slightly.
n has to be advertised in the surrounding
will be advertised in the Houston Chronicle
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Saboe to
amend the motion to schedule the Public Hearing for Impact Fees for May 5, 2008.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
Discussion ensued between Council, City Manager Bill Eisen, and Ron Bavarian,
Freese Nichols regarding the Impact Fee Study.
Mayor Reid called for vote on original motion as amended
Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
Page 11 of 15 — 3/24/2008
COUNCIL ACTION — RESOLUTION NO. R2008-49 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL
COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON-GALVESTON
AREA COUNCIL (HGAC) FOR THE PURCHASE OF A TRACTOR AND BOOM
MOWER. Mr. Ed Grossenheider, Parks and Building Maintenance Superintendent.
Mayor Pro -Tem Saboe made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2008-49.
City Manager Bill Eisen stated this item was included in the current budget. The item
was not included on the Consent Agenda due to the size of the purchase.
Mayor Pro -Tem Saboe stated he would like to see the price of the equipment reviewed.
The market has changed and the prices have gone down.
Parks and Building Maintenance Superintendent Ed Grossenheider stated when the
quotes were researched, it was indicated that a 5% price increase was expected.
Mayor Pro -Tem Saboe stated he feels that in many instances what the dealer states
and what the market is actually doing are two different things.
Park and Building Maintenance Superintendent Ed Grossenheider stated these prices
are an H -GAC contact price. The other option is to bid the equipment.
Councilmember Owens asked how long the current pricing is effective.
Park and Building Maintenance Superintendent Ed Grossenheider stated the quote
received is current for thirty days.
Mayor Pro -Tem Saboe stated he would prefer if more research was done for the pricing
of the equipment.
Director of Parks and Recreation Jon Branson stated Staff can research different
pricing, but if they are not on the H -GAC contract, then there would need to be a new
bidding process. If the pricing received is lower then the bidding process can be done
again and if it is higher, then they can keep the current pricing.
Councilmember Kyle asked why Staff is stating there is a thirty -day limit on the pricing.
Park and Building Maintenance Superintendent Ed Grossenheider stated the vendor
indicated they will have a price increase at the end of the thirty -day time period.
Page 12 of 15 — 3/24/2008
Mayor Pro -Tem Saboe stated he would like to see the price of the equipment reviewed.
The market has changed and the prices may have gone down.
Mayor Pro -Tem Saboe made the motion, seconded by Councilmember Owens, to table
Resolution No. R2008-49.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, and Kyle.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Cole absent from the Council Chambers.
FIRST AND ONLY READING OF ORDINANCE NO. 1327-2 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 1327, THE 2007-2008 ANNUAL BUDGET ORDINANCE, BY
AUTHORIZING CERTAIN ALTERATIONS TO THE GENERAL FUND (URBAN
FORESTER); AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE
ALL ACTIONS NECESSARY TO FACILITATE THE CHANGES IDENTIFIED HEREIN
WITHOUT FURTHER APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE
DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ADJUST THE
CITY BUDGET INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE,
BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY. Mr. Ed Grossenheider, Parks and Building Maintenance Superintendent.
Councilmember Kyle made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 1327-2 on its first and only reading.
City Manager Bill Eisen stated the Urban Forester duties are currently provided to the
City by Staff that also perform other duties. The City has gotten to a point that these
duties are requiring a full-time position.
Mayor Reid stated it makes sense to add this full-time position and it will benefit the
City.
Councilmember Beckman stated she supports this new position and feels this is
something the City needs to have.
Discussion ensued between Council, City Manager Bill Eisen, and Parks and Building
Maintenance Superintendent Ed Grossenheider regarding the position.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle, and Cole.
Page 13 of 15 — 3/24/2008
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2008-43 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AND ADOPTING THE
GOALS PROMULGATED DURING THE CITY'S 2008 ANNUAL PLANNING
WORKSHOP. Mr. Bill Eisen, City Manager.
Councilmember Cole made the motion, seconded by Mayor Pro -Tem Saboe, to approve
Resolution No. R2008-43.
City Manager Bill Eisen stated this item adopts the report from the Annual Retreat which
includes specific strategies adopted by the City Council. One thing that is different in
this year's report is the second tier strategies are arranged by priority based on the
number of votes the item received.
Discussion ensued between Council and City Manager Bill Eisen regarding the report.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1348 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 20,
OFFENSES AND MISCELLANEOUS PROVISIONS, OF THE CITY OF PEARLAND
CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME,
AMENDED, TO ADOPT A NEW ARTICLE VI, ENTITLED SPECIAL EVENTS; HAVING
A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND
PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Nick Finan,
Assistant City Manager
Councilmember Owens made the motion, seconded by Councilmember Kyle, to
approve Ordinance No. 1348 on its first reading.
City Manager Bill Eisen stated this item has been the subject of several Council
Workshops. The Ordinance is the result of Council discussions and recommendations.
Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
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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
1. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY -
REGARDING POTENTIAL LITIGATION ASSOCIATED WITH MUNICIPAL
UTILITY DISTRICTS. Mr. Darrin Coker.
2. SECTION 551.072 — REAL PROPERTY: DISCUSSION REGARDING THE
SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY — CITY
FACILITIES. Mr. Bill Eisen, City Manager.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 11:24 p.m.
COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH
MUNICIPAL UTILITY DISTRICTS. 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 11:25 p.m.
Minutes approved as submitted and/or corrected this the 14th day of Apri 1 ,
A.D.. 2008.
�..P
Tom Reid
Mayor
Page 15 of 15 — 3/24/2008