2008-06-23 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, JUNE 23, 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 7:42 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Helen Beckman
Councilmember
Woody Owens
Councilmember
Steve Saboe
Councilmember
Felicia Kyle
Councilmember
Kevin Cole
City Manager
Bill Eisen
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Others in attendance: 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; Claire Manthei Finance Director; Jeff Sundseth EMS
Operations Director; Fred Welch Executive Director of Economic Development
Corporation; Rick Overgaard Assistant Finance Director; Bob Pearce Purchasing
Officer; John Knight Information Technology Manager.
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 June 10, he attended the North Brazoria County Educational
Alliance Meeting with State Representative Mike O'Day; June 11, attended the Adult
Reading Center Board of Directors Meeting; June 12, joined State Representative Mike
O'Day to attend the Brazos River Authority Briefing; June 13, attended the Pearland
Area Chamber Before Breakfast, visited with citizen Ms. Pan on school drug issues, and
met with Developer Mr. Melnic and Staff on West Pearland Project; June 16, attended
the Council Agenda Meeting, Workshop, and Joint Public Hearings with the Planning
and Zoning Commission; June 17, attended the Houston Galveston Area Council Board
of Directors Meeting; June 18, met with the Developer of the Water Lights on their
project plans and attended the Brazoria County Cities Association Monthly Meeting;
June 19, attended the Chamber Leadership Council Meeting and the Chamber Monthly
Luncheon; June 20, conducted the Citizenship Class for Scout Troop 464; Presented
the Invocation for the Exchange Club Annual Meeting.
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Mayor Reid, Executive Director of the Adult Reading Center Dale Pillow and Director of
Fire Services Jack Colbath presented Certificates of Recognition to graduates of the
City of Pearland's Citizen Emergency Response Class: Allan Darnell, Cuong Le, Edgar
Salire, Robert Trevino, Robert Aguilera, Myles Barkman, Angela Griffin, Andrea
McLemore, Adam Miller, Joan Miskelly, Maggie Spooner and Margaret Coach.
COUNCIL ACTIVITY REPORTS
Councilmember Owens reported a fired occurred in the Green Tee Terrace Subdivision
and the Pearland EMS and Fire Department responded very quickly and efficiently.
Councilmembers Saboe and Kyle passed on giving a report.
Mayor Pro -Tem Beckman reported June 13, she attended the Pearland Chamber of
Commerce Business Before Breakfast and a meeting with Thane Harrison regarding
curbside recycling appointments; June 17, attended the Eyes of Pearland Ride and the
Library Board Meeting; June 18, attended the Brazoria County Cities Association Event;
June 19, attended the Parks, Recreation and Beautification Board Meeting, the
Pearland Chamber of Commerce Luncheon, and the Westside Library Committee
Meeting; June 20, attended the Eyes of Pearland Ride; June 23, attended the Pearland
Economic Development Corporation Meeting.
Councilmember Cole reported the City of Pearland had a rough week with the weather
and a derailment of a train. He stated this is why the City has the Citizen Emergency
Response Team to help the men and women that deal with the City's emergency
situations everyday. Everyone did a great job and he appreciates the work they do on a
daily basis.
CITY MANAGER'S REPORT
City Manager Bill Eisen reported the Parks and Recreation Department will have a July
4, 2008 Festival and all the information is available on the City of Pearland website.
CITIZENS
Kenneth Carter, 3607 East Orange, addressed Council and stated the sidewalk on
Orange Street near his residence has never been completed. The children and elderly
people walking down the street have to go into the street. He would also like to see this
sidewalk completed and a sidewalk installed on Old Alvin Road in the area for the
children going to school. The highways in the City need more bicycles lanes. With the
price of gas going up, people will most likely start to use bicycles and even horses. The
last thing he feels the City needs is to implement a law where drivers are not allowed to
use their cell phone while operating a vehicle.
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Larry Marcott, 3606 Inverness Court, addressed Council and stated he enjoyed the
Workshop regarding the long distance commuter rail. He feels it is important and he
commends Council for taking a serious interest in this item. There was an article in the
Houston Chronicle where the City of Sugarland wants to get rid of freight traffic going to
their community and send it along FM 521. The transfer of the freight traffic to FM 521
concerns him because this is a road that could be used for the commuter rail. This is
one City dumping on another City and he doesn't feel the citizens of Pearland would
appreciate this.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1 . Minutes of the June 9, 2008, Regular Meeting held at 7:30 p.m.
2. Minutes of the June 16, 2008, Special Meeting held at 7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000M-53 — 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 142.9664 ACRES OF LAND OUT OF PEARLAND TOWN
CENTER, A SUBDIVISION OF 143.6500 ACRES AS RECORDED
UNDER FILE NUMBER 2007008914 OF THE PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS, AND SITUATED IN THE H.T. & B.R.R.
COMPANY SURVEY, ABSTRACT 300, SECTION 81, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED
ON THE SOUTH SIDE OF BROADWAY STREET, ON THE EAST
SIDE OF KIRBY DRIVE, AND ON THE WEST SIDE OF BUSINESS
CENTER DRIVE), (ZONE CHANGE APPLICATION NO. 2008-12Z),
FROM PLANNED DEVELOPMENT DISTRICT (PD) TO PLANNED
DEVELOPMENT DISTRICT (PD), AN AMENDMENT TO THE
EXISTING PD FOR PEARLAND TOWN CENTER, AT THE REQUEST
OF CBL AND ASSOCIATES, 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.
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C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2008-86 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING
TIME FOR THE JULY 28, 2008, CITY COUNCIL MEETING.
Mr. Darrin Coker, City Attorney.
D. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 1352 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENAMING
HOOKS ROAD AND SILVERLAKE BOULEVARD AS SILVERLAKE
PARKWAY; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE AND A REPEALER CLAUSE. Mr. Danny Cameron, Public
Works Director.
E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2008-82 — 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 AUDIT
SERVICES. Mr. Bili Eisen, City Manager.
F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
82008-81 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR INSTALLATION OF
FIBER OPTIC CABLE. Mr. Bili Eisen, City Manager.
Councilmember Owens made the motion, seconded by Councilmember Saboe, to adopt
Consent Agenda Items A through F as presented on the Consent Agenda.
Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA None
NEW BUSINESS
COUNCIL ACTION — RESOLUTION NO. 82008-85 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FY 2008-2009.
Mr. Bili Eisen, City Manager.
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Councilmember Saboe made the motion, seconded by Councilmember Mayor Pro -Tem
Beckman, to approve Resolution No. R2008-85 as amended.
City Manager Bill Eisen stated the City is in the first year of being a City that is eligible to
receive Community Development Block Grant (CDBG) Funds. This item is for the
planning of the second year the City will receive the funding and includes several
recommendations on items the funding can be utilized for.
Peg Purser, Administrator of the CDBG Program, stated the Agenda Packet provided to
Council outlined what funding the City will be receiving for this year. The funding has
increased a little over $15,000 from the previous year to $269,276. The amount of
money that can be spent on public services is limited to 15% and it is recommended
that the entire 15% be spent on public services such as the Adult Reading Center,
Forgotten Angels, and a specified City Project.
Mayor Reid asked if there will be a Public Hearing held pertaining to the distribution of
the funds.
Peg Purser, Administrator of the CDBG Program, stated there will be a Public Hearing
in a couple weeks to inform the public of the recommendations for the funding.
Councilmember Saboe asked if it is possible for Council to receive an update on all
current sidewalk projects in the City. There have been many requests for sidewalks and
he would like to see some of these funds dedicated to the needed sidewalks if possible.
City Manager Bill Eisen stated the sidewalk projects are still in the process of receiving
funding and he will update Council as soon as something is finalized.
Discussion ensued between Council and Peg Purser, Administrator of the CDBG
Program regarding the Resolution.
Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Beckman, to
amend Resolution No. R2008-85 to replace the $178,387 proposed sanitary sewer
project with the $112,000 Veterans Road Sidewalk Connectivity Project and a sidewalk
project to be determined by Staff in the fiscal year 2009 proposed projects for funding.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid called for the vote on the original motion as amended
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Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. 82008-87 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT
FOR CONSTRUCTION OF WATER AND SEWER IMPROVEMENTS.
Mr. Oarrin Coker, City Attorney.
FIRST AND ONLY READING OF ORDINANCE NO. 220-9 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ARTICLE 2,
RATES AND CHARGES, OF CHAPTER 30, UTILITIES, OF THE CITY OF PEARLAND
CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME,
AMENDED, RELATING TO WATER AND SEWER EXTENSIONS, PRO RATA
CHARGES, AND OTHER CHARGES ESTABLISHED; PROVIDING A PENALTY FOR
VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A
REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO
FAIRLY DISTRIBUTE THE COST OF EXTENDING WATER AND SEWER LINES
WHERE THOSE SERVICES ARE NOT AVAILABLE INURES TO THE BENEFIT OF
THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY
AND WELFARE OF THE CITIZENRY.
Mr. Darrin Coker, City Attorney.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Saboe, to
approve Resolution No. 82008-87 on the first and only reading of Ordinance No. 220-9.
City Manager Bill Eisen stated these items are closely related and directly associated
with a gap in the water/sewer from SH 288 to north of Clear Creek. The City has an
agreement with the developer to construct some utilities in that area which will be tied in
to serve the areas on the east side of SH 288. The City has been approached by two
developers in the area who would like to see the improvements installed more quickly.
To facilitate this request, the two developers have offered to construct the middle
section to allow them to proceed with the development of their property.
Councilmember Owens asked if this project carries across SH 288.
City Manager Bill Eisen stated this project will end at SH 288 and then there is a
separate Economic Development Project that will begin and carry across SH 288.
Councilmember Kyle asked if the water/sewer rates will be modified based on current
Page 6 of 11 — 6/23/2008
market rates or be a set fee.
City Attorney Darrin Coker stated the fees are set and are based on the total cost of the
project.
Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2008-83 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR PINE
HOLLOW DRAINAGE IMPROVEMENTS. Mr. Narciso Lira, City Engineer.
COUNCIL ACTION — RESOLUTION NO. R2008-88 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT
FOR CONSTRUCTION OF THE PINE HOLLOW DRAINAGE IMPROVEMENTS.
Mr. Narciso Lira, City Engineer.
Councilmember Kyle made the motion, seconded by Councilmember Saboe, to approve
Resolution No. R2008-83 and Resolution No. R2008-88.
City Manager Bill Eisen stated there has been a cooperative effort between the City and
the Pine Hollow Home Owners Association to fund, design, and construct a series of
drainage improvements within the subdivision. The design has been completed and
bids were received in such way so that each component was received separately. The
bids being received in this manner made the funding for the project short. In order to
stay within the amount of funding available by the Home Owners Association, the City
would have to drop four different areas of the project. One of the areas that would have
to be taken out is considered very important to the Home Owners Association and the
City. The Home Owners Association has committed an additional $30,000 towards this
and request that Council approve appropriation of the remaining $17,983.31 from the
Capital Project Fund -Fund 50, which has a current balance of approximately $330,000.
Nancy Kozanecki, addressed Council and stated she wanted to thank everyone with the
City who has helped with this project. It was seven years ago that the Pine Hollow
Subdivision was devastated by Tropical Storm Allison and it is a relief to see that the
necessary changes are being made.
Councilmember Saboe thanked Nancy Kozanecki for her effort and her dedication to
her community. He asked if anyone on Staff has reviewed the bids in depth because of
Page 7 of 11 — 6/23/2008
the significant difference in the pricing provided.
Assistant City Manager Mike Hodge stated the Design Engineer that recommended the
firm for the award checked the bids and the references. The Purchasing Department
and Engineering have also checked both the bids and the references. Staff is ready to
move forward with the recommended firm.
Mayor Pro -Tem Beckman asked how important the projects are that are being left out of
the total project.
City Engineer Narciso Lira stated one of the sections being left out was added at the
end of the project and the residents weren't really comfortable with the item. The other
items were deemed not critical on review of the entire project.
Brief discussion ensued between Council and Nancy Kozanecki, Pine Hollow Home
Owners Association, regarding the project.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. 82008-84 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE RENEWAL OF
AN ENGINEERING CONTRACT WITH JOHN HARGROVE FOR ENGINEERING
SERVICES. Mr. Narciso Lira, City Engineer.
Councilmember Cole made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2008-84.
City Manager Bill Eisen stated this is a continuation of a series of annual contracts the
City has had with John Hargrove for engineering services. Mr. Hargrove has provided
excellent service in the past and Staff recommends the renewal of the contract.
Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to O.
COUNCIL ACTION — REMOVE FROM TABLE RESOLUTION NO. 82008-80.
City Council
Page 8 of 11 — 6/23/2008
Councilmember Owens made the motion, seconded by Councilmember Saboe, to
remove Resolution No. R2008-80 from the table.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2008-80 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A UTILITY
RELOCATION CONTRACT ASSOCIATED WITH THE DIXIE FARM ROAD PROJECT
(PHASE II). Mr. Trent Epperson, Project Director.
Councilmember Owens made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2008-80.
City Manager Bill Eisen stated this item was on a previous Council Agenda and was
tabled until changes requested by Council could be made.
City Attorney Darrin Coker stated there were a few minor changes made to the contract
and a summary of the changes was provided to Council in the Agenda Packet.
Councilmember Kyle asked where the protection for the City comes from in the contract.
City Attorney Darrin Coker stated the previous questions related to the City's protection
against being liable for any damages to the facilities by third parties. The contract
indicates that the owner is responsible for any damages and, through the rules of
construction, this responsibility includes damages caused by subcontractors. Ideally
everyone would like to have this clarified better, but he feels this is sufficient.
Councilmember Cole asked what was included in the overhead project cost.
Project Director Trent Epperson stated Staff questioned this number and if there was
any option on what was included in the total. The response was that this is a standard
number used to cover corporate support services and indirect labor costs.
Discussion ensued between Council and Project Director Trent Epperson regarding the
project.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Page 9 of 11 — 6/23/2008
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. 82008-89 — 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.
Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Beckman, to
approve Resolution No. R2008-89.
Project Director Trent Epperson stated this item is the same type of agreement as the
previous item and deals with three ConocoPhillips pipelines.
Discussion ensued between Council and Project Director Trent Epperson regarding the
agreement.
Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:15 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.074 — PERSONNEL MATTERS — DISCUSSION REGARDING
CITY MANAGER'S ANNUAL GOALS. City Council.
2. SECTION 551.074 — PERSONNEL MATTERS — REGARDING THE
REAPPOINTMENT OF MUNICIPAL COURT JUDGES. City Council.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 10:00 p.m.
COUNCIL ACTION — REGARDING CITY MANAGER'S ANNUAL GOALS.
City Council.
Page 10 of 11 — 6/23/2008
No action taken by Council.
COUNCIL ACTION — REGARDING THE REAPPOINTMENT OF MUNICIPAL COURT
JUDGES. City Council.
No action taken by council.
ADJOURNMENT
Meeting was adjourned at 10:02 p.m.
Minutes approved as submitted and/or corrected this the 14th day of July, A.D., 2008.
Tom Reid
Mayor
ATTEST:
Y ng
y Sesmiary y .
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